A committee of judges, lawyers and financial experts in Arizona are reviewing possible Probate Court reforms. The proposed reforms would allow the court to manage the health care and finances of those who have been determined to be too ill to manage their affairs by themselves.

Included in the recommendations for probate reform are new reduced fee schedules, improved accountability rules and better asset protection for incapacitated individuals.

The 432-page report also recommends that judges perform sustainability reviews to determine future costs against an individual's current assets. If the new rules are adopted, it would be the first time the courts would review the amount of money a person has against the amount of money that will be needed for their care.

At present, an individual's funds could be exhausted paying lawyer fees and fiduciaries who are appointed to manage the incapacitated person's health care and money situation. The judges in these cases rarely ever intervene to control fees.

The panel's recommendations will be given to the Arizona Judicial Council, a panel of the state's top judges that set court rules and legislative agendas.

In addition to the proposed changes, probate judges would have to undergo training in order to understand how to manage the new processes and to monitor the progress of incapacitated individuals that are being care for by the court.

Other recommendations include the use of mediation to avoid legal battles and improved processes to protect incapacitated adults, including the use of neutral third parties to help ensure that no rights are violated. Fiduciaries would also be allowed some limited legal authority to file court documents on behalf of the incapacitated.

A committee spokesperson said that the recommendations to allow the probate court more authority in caring for the incapacitated are "ground-breaking" and that it is not done anywhere else in the country.

Source: The Arizona Republic "Maricopa County Probate Court: Reform weighed to protect life savings" Robert Anglen, June 18, 2011