Maricopa Co. Probate Court - Monitoring for Exploitation Remains a Challenge

In most states, it is impossible to quickly track a ward of the court's finances and determine how family members, volunteers or fiduciaries spend the money. Most states and counties require an annual accounting of a ward's finances, some still using pencil and paper, said Brenda K. Uekert, researcher for the National Center for State Courts. The completeness of the data varies, she said. "The quality of data we get is so poor that we have no faith that any number we can provide is reliable," Uekert said. "Nationwide, there is a black hole."

What Arizona courts do
Arizona is at least two years away from implementing a sophisticated data system that allows the court to quickly audit the accounts of fiduciaries and spot a change in spending patterns, such as a sudden increase in fees or an increase in a ward's rent payments, said Jennifer Liewer, Arizona Supreme Court spokeswoman. Arizona's 15 counties use three different electronic programs for tracking wards' accounts.

The Arizona Supreme Court Fiduciary Board randomly audits public and private fiduciaries, but no state courts audit the accounting of family members.

What other courts do
In January, Minnesota will implement the country's most sophisticated statewide electronic system to track what happens to a ward's assets.

Minnesota expects the system will allow court employees to rapidly audit accounts and detect possible exploitation by private fiduciaries or family members.

The court will be able to track patterns of accounting discrepancies, such as missing money, unneeded expenses or double billing by fiduciary companies.

Texas also is tracking fees charged by attorneys and fiduciaries, but with limited success. In 2009, Texas courts created a statewide database of attorney and fiduciary fees approved by county judges, including probate judges, each month in civil cases. The data is made public, but the lack of consequences for county clerks who don't report, their staff turnover and funding problems have made the collection of data hit or miss, said Angela Garcia, a spokeswoman for Texas court administration.

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Maricopa County Probate Court - Monitoring for Exploitation Remains a Challenge