A bill moving through the Arizona legislature hopes to add more protections for people in the probate court system who find themselves placed into guardianships or conservatorships.
State Senator John Kavanagh introduced Senate Bill 1291, which would add several changes to the law including making sure that those who are placed under the care of another know all their rights.
A conservatorship is appointed through a court system where a person will be in control of another’s financial, healthcare, and personal decisions.
However, at the hearing, several families spoke about what they call “outrageous overreach” by those who end up in control of another.
Sherry Lund spoke with ABC15 about how her family was victims of the probate court system.
“They wanted us out of his life,” she said referring to her son.
Lund’s son is the grandson of Walt Disney, and in his forties, he was almost placed into conservatorship. Her family spent nearly $10 million fighting that from happening.
“How people can be so heartless to separate families and do the things they do for the sake of money, it’s the root of all evil, it truly it is,” said Lund.
Another key part of the bill would make sure those in the system see their loved ones.
“It lets people see their relatives in most situations the person who is in charge of them, or the conservator, will let them, but sometimes they will say no for sometimes good reasons, but sometimes for bad reasons,” said State Senator Kavanagh.
Yvette Banker spoke against the bill as it is written at a House hearing on Wednesday, saying there are protections already in place.
“As a court-appointed attorney, I provide a letter to my clients, in that letter it indicates what your rights are, that is sent within 48 hours of being appointed as a court-appointed attorney,” she said to lawmakers. "It says you have a right to a jury trial, it says you have a right to object to who is serving."
The bill has passed a committee in the House, and will now have to go before the House for a vote.
Kavanagh said that there could be more changes added when it goes back to the Senate.
One speaker at the hearing told lawmakers that a conservatorship cut off all communication with a friend of hers. She left lawmakers with a warning.
“I beg you to please pay attention, it could happen to any one of your family members.”
Have you been impacted by a conservatorship? Email Nicole Grigg at nicole.grigg@abc15.com.
