Vote: failed

Item Text

10. POST APPOINTMENT INVESTIGATIONS FEE Pursuant to A.R.S. § 11-251.13, convene the scheduled public hearing to solicit comments and consider the adoption of POST APPOINTMENT INVESTIGATIONS FEE. Upon Board approval, this item will become effective February 6, 2013. This new fees will be assessed upon those individuals or entities who failed to comply with a court's order to properly protect a ward or the estate. Costs are not assessed on the ward or the estate, but upon the individual or entity who failed to obey the court's order. As part of the Court’s mandated duties to oversee guardianships and conservatorships, the Court may order an investigator to locate the ward when a guardian or conservator fails to notify the court of a change of address. When this occurs, the Court attempts to locate the parties using skip-trace technology called Accurint. When database searches fail to locate a ward, or the guardian does not respond to Court notices to appear, the Court may order an investigator to conduct a field investigation. The Court may also order an investigation when it is concerned about the quality of care the ward is receiving, or has information to suggest that the ward may be a victim of financial exploitation. These post appointment investigations typically require more resources than initial investigations because they require more interviews and documentation. Authorizing the Post Appointment Investigations Fee of up to $400 will provide the Court needed resources to oversee guardianships and conservatorships and ensure the proper care of vulnerable adults as well as pay for the hours that the investigators spend locating the ward and guardian. The new Post Appointment Investigation Fee will be assessed to the guardian/conservator and will not be paid from the ward’s estate. Parties may request a waiver or deferral of fees using the established process. Revenue generated from this fee will be deposited into the Superior Court Special Revenue Fund 259 and used to offset the costs associated with post appointment investigations. Revenue projections for the fiscal year 2013 (FY13) are projected at $12,800 and (FY14) $25,600 annualized. The $400 fee amount is based on the average hourly rate paid to investigators plus their mileage reimbursement and also the cost of the Accurint database subscription. The proposed fee is intended to recover (but not exceed) the full cost of the service. (C-80-13-007-2-00)