We've talked a number of times in this space about some of the concerns with the Arizona probate courts and guardianship proceedings. Specifically, the apparent mismanagement in the case of Marie Long and the dissolution of the Sun Valley Group raised a number of red flags. There have been numerous calls for better oversight from the Probate courts. Recently a new law was proposed that would make some fundamental changes to the probate system which are designed to give families more power and protections.

This week in the Arizona Republic a state senator explained his reasons for supporting the bill.

According to Senator Adam Driggs, the new bill would require that guardians submit an estimate for any costs associated with managing the affairs before they incur any charges. Once the detailed budget is in place there would have to be a defensible reason for any costs which are beyond the budget. The proposal would use the payments to the guardians as a stick ensuring that they are complying with the regulations before they are paid.

The proposal would also make it easier for a guardian to be dismissed.

The protection of vulnerable adults should be one of our top priorities not only in the design of our system of probate courts, but also in general also as a state. It is important that in our eagerness to fix problems in our system we avoid knee jerk reactions that may cause more problems down the road. While this proposal may or may not be exactly what Arizona's vulnerable adults need in order to better protect them and their interests, any proposal must be carefully evaluated to ensure it will lead to a workable system that will protect our seniors.

Source: Arizona Republic "SB 1499 will bring order to Probate Court chaos" Sen. Adam Driggs, March 22, 2011