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Advocates urge stricter oversight, public disclosure and audits of psychological evaluations and fiduciaries
Summary
Witnesses at the Senate committee proposed mandatory standards for forensic psychological evaluations, public disclosure of fiduciary disciplinary histories, automatic suspensions for substantiated financial exploitation and a recovery fund financed by licensing fees.
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Several witnesses addressed system‑level reforms they said are necessary to reduce exploitation in guardianship and conservatorship proceedings.
Physician and witness Dr. Holly Lauder urged enforceable standards and auditing of psychological evaluations used in court, saying the current system relies on guidelines rather than enforceable standards. "If you go to the psych board and you say, 'what are your rules' ... the answer is crickets," she told the committee, and argued for a licensing/audit process similar to radiology to ensure consistent, verifiable exams.
Probate advocate Bill Chalmers and caregiving business owners Johnny and Kathy Hamilton outlined proposals including: public access to disciplinary histories for fiduciaries; independent review of repeat complaint patterns; periodic review requirements to ensure the least‑restrictive alternative remains in place; automatic suspension and formal review where findings show financial exploitation or conversion of assets; and creation of an Arizona Vulnerable Adult Recovery Fund financed through licensing fees and penalties to assist victims.
Witnesses asked the committee to consider shifting burdens where repeat offenders seek relicensure, and to examine whether court appointment systems concentrate cases with a small number of attorneys and fiduciaries. Committee staff said they would collect records and invite witnesses to a stakeholder meeting to draft legislative language.
The hearing did not move any bill or motion; it served as an information‑gathering event to inform potential legislation during the 2026 session.
