My grandmother became a ward of the Probate Court (and victim of the system) in 2007 so I have been closely following both SB1499 and HB2424 as they move through the State Legislature. I can honestly say firsthand that the problems with the Probate System here in Arizona START ON THE BENCH!! There are several laws that are already in place that have proven to work in the past IF THEY ARE ENFORCED. The blatant draining of wards estates and assets is more because of judicial oversight and ignorance allowing fiduciaries, and even attorneys, to do what they want and in complete disregard of the existing AZ Laws, Rules, and Procedures they are supposed to be following. NOT because of families “squabbling” or because “fiduciaries want to hang on to their jobs” like they say. SB1499 wants to start SANCTIONING family members who file complaints against fiduciaries. THAT IS UNJUST!! We are, more often than not, already being denied Due Process and our Constitutional Rights under the First Amendment. To add a penalty for our efforts to get Justice on top of that? Are you kidding me? WHAT IS AMERICA COMING TO?!
When first introduced, HB2424 was a good first move towards reform by the way it focused more on the ward and their family. However, the more the bill gets amended as it moves forward, the more hope and focus is being taken away from the ward (and their families), and given to the court. Again, the problems start ON THE BENCH.
In closing, I want to say that all in all, the problems and chaos in Arizona’s Probate system will never get better until the Judges and Commissioners start upholding the Oath they took when they first took their position on the bench and enforcing the laws that are already in place. They owe that to WE THE PEOPLE! And if they don’t…..then things are only going to get worse. THEY need to consider what is going to happen to THEM and their families 10 years from now WHEN they become in need of “protection” by the AZ Probate System.
Courthouse Steps 