Rebecca White Berch supports probate court reform
March 21, 2011
MARICOPA COUNTY, Arizona: Rebecca White Berch, the chief justice of the Arizona Supreme Court, is among those who have lent their support to Arizona Senate Bill 1499, a bill in the Arizona State Senate that would impose new rules on the state's Probate Courts. Under the new rules, fiduciaries would have to submit budgets, create fee guidelines, and ensure that services and costs offered to vulnerable adults under the court's protection would actually benefit those adults.[1] A fiduciary is someone appointed by the court to oversee care for an adult a judge has determined to be incapacitated. The fiduciary pays bills, coordinates medical care and assists with daily life management.[1]
The motivation for SB 1499 is the fact that several probate cases in recent years are known to have suffered from costs that spiralled out of control:
- "...an ongoing investigation by The Arizona Republic that found Maricopa County Probate Court for years has allowed the assets of some vulnerable adults to become cash generators for attorneys and fiduciaries. Judges charged with overseeing these cases rarely stepped in to limit or reduce fees, even when vulnerable adults ended up on state assistance programs."[1]
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