NCSC finds Maricopa Co. probate department to be 'more effective' than most

In-depth study of Superior Court yields positive report

Williamsburg, Va. (Sept. 27, 2011) — As considerable national attention continues to be focused on the neglect and exploitation of incapacitated people — many of them seniors — by court-appointed guardians, the Superior Court of Arizona in Maricopa County is more effective in protecting and preventing the mistreatment of protected individuals and their property than most other probate courts in the country, according to a report by the National Center for State Courts (NCSC). The report was released this month following a yearlong assessment of the court's Probate and Mental Health Department.

"After conducting an in-depth study of the adult guardianship and conservatorship cases handled by the Probate and Mental Health Department and consulting with a number of other national experts, the NCSC team concluded that the manner in which caseflow management techniques, case monitoring, and court support staff are used in Maricopa County is more sophisticated and effective than most other probate courts in the nation," said David C. Steelman, principal court management consultant with the National Center.

"By continuing to improve case monitoring and oversight and expand its use of technology, and by implementing recent Arizona statutory amendments, the Maricopa County Superior Court is poised to be a court that others emulate in probate matters," Steelman said.

The court's Probate and Mental Health Department is one of the largest in the nation, managing approximately 39,000 active probate cases and $333 million in conservatorship assets each year. Over the last several years, the department has made efforts to increase attention to its guardianship and conservatorship cases, including using professional staff, volunteers, and the court's case-management system.

In June 2010, the department embarked on an internal assessment of its processes and procedures in order to enhance the accountability of estates, reduce costs, and improve service to the public. It also engaged NCSC to assess the effectiveness of its programs, procedures, and monitoring practices as they related to national probate standards and practices in other jurisdictions, as well as offer recommendations for future improvements.

During the assessment, the National Center team studied a number of key areas of the department's operations, including timeliness of case processing; efficient case management; use of information technology for improved case monitoring; use of "red flags" to identify cases needing closer monitoring by the court; containment of fees and costs incurred by fiduciaries and lawyers; development of community solutions; and effective use of court support staff. The team's findings in each of these areas are included in NCSC's report titled "Improving Protective Probate Processes: An Assessment of Guardianship and Conservatorship Procedures in the Probate and Mental Health Department of the Maricopa County Superior Court." (Link is to PDF of full report.)

The National Center for State Courts, headquartered in Williamsburg, Va., is a nonprofit organization dedicated to improving the administration of justice by providing leadership and service to the state courts. Founded in 1971 by the Conference of Chief Justices and Chief Justice of the United States Warren E. Burger, NCSC provides education, training, technology, management, and research services to the nation's state courts.