The public cries for reform are being met by unbelievable opposition from “FOR-PROFIT” entities and others who stand to gain financially by maintaining the status quo!
These changes are designed to stop the abuse of vulnerable individuals by those few fiduciaries and guardians that, according to an ABC 2010 investigation choose to “isolate, medicate, and liquidate”.
PLEASE, CONTACT YOUR LEGISLATORS AND ASK THEM TO SUPPORT HB2424! Say “NO!” to the big-bucks, heavy handed techniques that would prey on the vulnerable and line their pockets with the profits!
PROBATE VICTIMS BILL OF RIGHTS
- Ability to replace an individual’s guardian, conservator or trustee without cause. Such a change must be in the best interest of the ward or protected person, and may occur no more than one time in a single year; (current law allows a person’s life savings to be used for the benefit of the guardian, leaving the person broke and on welfare!)
- Clear and convincing evidence is added as a determining standard to determine if an individual needs a conservator. This is intended to mirror current law governing the appointment of guardians and trustees; (current law allows hearsay, leaving people in very expensive legal haggling for months, even years before any real evidence is ever given!)
- Mandates that a conservator produce a monthly accounting of how the conservator has spent the protected individual’s funds. Current law allows too many abuses that can result in the protected individual losing their entire life savings; (currently a report is given to the court with the person’s money spent “on their behalf” but with no accountability!)
- Guarantees that wards and protected individuals have a right to family visitation, unless the courts find this will place the ward or protected individuals at risk of harm; (currently families can be prevented from visitation on the word of the guardian despite the desires of the person in their care. Parents have been abused, denied health care, and even died, never seeing their children again despite the pleas of parent and child!)
- Forces the courts to follow the directives of a ward or protected person, unless the courts determine that such a directive would place the ward or protected individual at risk of harm; (currently the courts ignore the legally established wills and Powers of Attorney, choosing to hand people over to for-profit agencies instead of families and other caregivers.)
- Mandates that judicial officers receive proper training before they are permitted to hear any cases regarding probate matters; (the rampant abuse of established law, ethical violations, and exploitation that has gone unchecked by the courts, cries out for training in this very specialized area to protect the public.)
- Establishes the Probate Advisory Panel. This panel ensures that victims of probate court abuses have an alternative venue to voice heir issues and concerns, and to propose additional improvements to the operations of Arizona probate courts. (There is currently no check and balances for the private citizen other than the very expensive and emotionally debilitating court system.)
