Wednesday, December 8, 2010

Lawyers Often Ratchet Up Guardianship Fees

When people incapable of caring for themselves or their money end up in Maricopa County Probate Court, judges turn to a list of contract lawyers who have been pre-screened to represent those clients.

A Phoenix firm has handled hundreds of the cases, and some of its attorneys have raised their hourly rates on clients without notifying them in writing, court records show, an apparent violation of ethics rules that require such disclosure.

The firm of Theut, Theut and Theut increased its hourly rates 2.5 percent to 70 percent in half of 50 cases examined by The Arizona Republic. Most of the increases were at least 20 percent. The cases lasted months to several years. The firm, among the Valley's busiest with court-appointed probate cases, netted thousands in additional fees.

Although hikes in any one case may have yielded only a small amount of additional revenue, the increases went into effect unquestioned by judges and commissioners. That, some lawyers and a judge say, illustrates how the Probate Court has failed to provide oversight for the incapacitated clients it is supposed to protect.

An ongoing Republic investigation of the county Probate Court has found that attorneys and private fiduciaries charge fees that can quickly deplete an incapacitated person's life savings. Judges rarely reverse or stop the charges, even when the ward ends up broke and in state-paid care.

Full Article and Source:
Maricopa County Probate Court: Lawyers Often Ratchet Up Fees

6 comments:

  1. It's easy pickins and nobody's watching, so the greedy opportunists just can't help themselves....

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  2. We have a subculture of our society preying on the vulnerable and weak and they need to be stoppd.

    Thanks for so many articles on the efforts in Arizona which seem to be paying off!

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  3. Thank you, Arizona Republic! Without you, reform wouldn't have a chance in Arizona!

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  4. What a golden goose for the crooks.

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  5. oh what a surprise lawyers taking advantage of a situation overbilling = fraudulent billing = business as usual if not for media and press exposure we the ordinary people would be sitting ducks for those hunting in probate land looking to bag their kill

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  6. This is happening all over the country!!
    My mother, a resident and domiciliary of PA fell prey to a professional Guardian / Thief when she traveled to FL with my sister to visit in 2007.
    Jetta Getty who is the owner of Young at Heart Elderly Services, of Port Orange Florida has spent about $100,000.00 of my mothers estate just paying lawyers to fight me so she can keep my mother against her wishes. If this isn't kidnapping then what is?? If you have questions about this I have the answers. hlpeffer@yahoo.com

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