Banding together to change probate court – could changes be on the way?

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Copyright (c) 2009 Newspaper Enterprise Assn.

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Posted: 12/05/2010

PHOENIX - Dennis Ball didn't get to see his mother the last eight months of her life. Cost to his family -- about $1 million.

Edward Abbott Ravenscroft was charged an average of $12,000 a month just so a court-appointed guardian could handle his expenses.

Clair DiPardo fought to have her mother's wishes met at a cost to the estate -- more than a half million dollars.

And Kate and Bruce Hannay and their little girl, Charli say they've been victimized too in Maricopa County probate court.

Bruce was diagnosed with early on-set Alzheimer’s. His wife, Kate cared for him for three years and was exhausted.

The family agreed to have a guardian company called Sun Valley Group of Tempe handle their expenses and help take care of Bruce.

“I said, ‘Well, where do I sign?’” said Kate.

But, after a long day of questioning by the company, Kate's joy began to fade.

Kate said, “I have a gut feeling something's really wrong.”

Kate told us that the questions seemed to focus on money.

“Do you have any money here? I mean, do you have anything in the safe? Do you have anything of value? Would you be willing to sell your jewelry?” explained Kate.

In less than two weeks, all three of them said they were forced to leave their home and sell it. They said Bruce was sent to a nursing home and Kate and her daughter were out on the street.

“I dropped to my knees with one of the women begging her not to kick me out,” said Kate.

Now, they live at a friend's house. All of their belongings are gone, including their house, their jewelry and their collection of vintage cars.

They were sold by Sun Valley Group to pay for Bruce's care.

“My neighbors who went to the estate sale said, ‘It was pretty sad. It looked like both of you guys died in a car crash or a plane crash like you were just dead,’” explained Kate.

The worst part, according to Kate, is that Sun Valley Group filed paperwork to force Bruce and her to divorce.

Neither said they wanted it.

Kate told her daughter, “We love each other very, very, very much. Sun Valley didn't take that away, okay?”

Sun Valley Group would not comment on the Hannay case.

      *See Sun Valley Group’s statement under the ‘Producer Notes’ section.

All these victims and families members came together out of grief, but are now banding together to do something about it.

“After I started speaking to all these other people, we were comparing stories and it's all the same corrupt players,” said Christine Porter, whose husband was ruled an incapacitated adult by a Maricopa County court.

Dennis Ball of Surprise filed a lawsuit against the state for what he calls corruption in probate court along with excessive fees and actions against families.

His mother was also called an incapacitated adult by a Maricopa County court.

“The conduct of the probate division of superior court is unacceptable,” said Dennis.

They've appealed to Senator Jon Kyl, who is on the U.S. Senate Judiciary Committee.

“We have to take measures to stop this. This is not right,” said Christine.

And they have complained to head Maricopa County Superior Court Judge Norman Davis.

Judge Davis refused our request for an interview.

Twenty-seven months after her family's ordeal began, and following a series of ABC15 investigations, Clair finally feels like she's been heard.

“I am actually still stunned, “exclaimed Clair.

A temporary fill-in judge pressured the attorneys in Clair's mother's case to waive their fees.

“This is a victory for not just my mom but for all the victims of the probate court,” said Clair.

Clair calls it a step in the right direction.

And other changes are coming to Maricopa County probate court, but not without a fight.

The ABC15 Investigators were there for the first ever public hearing to address complaints against sitting judges.

The state legislature ordered this new review process.

There's also a taskforce in place to investigate complaints. The state supreme ordered that review.

And the probate system made one change of its own: if a guardian doesn't do what a judge orders, they could face fines.

While the procedure is new - the rule is old.

A judge has always been able to issue fines against anyone who doesn't comply.

“It didn't seem like they were really listening, so perhaps maybe they are,” said Clair.

A federal investigation found probate courts around the country, not just here in the Valley, failing to protect vulnerable adults from their court appointed guardians.

The report cites Arizona and 44 other states for not properly overseeing the process which led to millions in stolen money.

Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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