Families torn apart, financial ruin and extreme emotional toll… all taking place in a Maricopa court

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Copyright (c) 2009 Newspaper Enterprise Assn.

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Posted: 08/13/2010

PHOENIX - We rely on the justice system to protect people when they can't protect themselves. But, families from around the Valley insist one Maricopa County court system has failed them.

Edward Abbott Ravenscroft said his faith helped him in the fight of his life. It was a fight against a guardian who was appointed by the court to protect him.

He called it a nightmare.

“It took me a lot of money, effort, 11 different court hearings to get rid of these people,” Ravenscroft said. “Bottom line is, it’s all about the money.”

The ABC15 Investigators found excessive fees are just one part of a major review into how Maricopa County probate court works.

The State Supreme Court ordered Judge Ann Timmer to head up that investigation.

“Are the fees excessive? Who's looking at that? What guidelines are there out there for judges to be able to be awarding or approving fees?”

These are just a few of the questions Judge Timmer wants covered in the task force reviewing probate court.

In Ravencroft's case, Sun Valley Group of Tempe was appointed conservator.

His attorney, Peter Williams, called the fees “excessively high” and “abnormal” at almost $12,000 a month going to Sun Valley Group and its attorneys to administer Ravencroft's finances.

“That doesn't include any care, any food, any shelter, any clothing, anything along those lines. That's simply the legal process of making sure there's a fiduciary in place. I've never seen a case like this,” Williams said.

Probate court is different from other courts. It is common practice for the parties and attorneys involved to bill the estate of the person they're appointed to protect.

“There's a big problem in probate," Williams said.

Under state law, there is no requirement to provide monthly statements.

“They won't tell me what they're charging me, and I thought that's … that doesn't make sense. An honest fair practice would give a monthly statement, or a monthly accounting,” Ravenscroft said.

In the cases we reviewed, the guardians and the attorneys spend the money, charge the estate and get it approved by the court after the fact – up to a year later.

In another Sun Valley Group case we examined, all of Marie Long's $1.4 million estate was spent on her care. In one court hearing alone, we counted 12 attorneys representing various parties.

The ABC15 Investigators found other areas of potential conflicts of interest after speaking in-depth with many of the families involved. These issues are not part of the investigation into probate court

For instance, probate attorneys are allowed to fill in as judges including attorneys who work for guardians. They could be making decisions on guardian issues like approving fees.

Half of the 15 Maricopa County probate attorneys who serve as fill-in judges told us they thought it was not a conflict of interest. The other half wouldn't comment. Only one said it gives the appearance of impropriety.

The issue was addressed by the state court in a 2004 administrative order. The order says a pro tem judge or fill-in judge who works more than 40 hours on a bench cannot serve as an attorney in that court.

Another potential conflict of interest involves court investigators who help decide whether guardians are necessary.

The ABC15 Investigators uncovered that a contracted court investigator, Heather Frenette, is also part owner of Sun Valley Group.

Patti Gomes told us that Frenette investigated her mother's case. Then Frenette's company, Sun Valley Group became guardian.

“Everybody just hires an attorney, and they just start billing the estate! And nobody stops it,” Patti said. “I mean its bizarreness going on. I had no input at all.”

Attorneys claimed Patti’s mother had a million dollar estate. Ravenscroft is an heir to Abbott laboratories. He's worth millions.

Frenette told ABC15 she does not think her position as court investigator is a conflict of interest, the court asked her to do it and she has never recommended Sun Valley Group to be fiduciary in any of her cases.

To see the first two stories, click on the links underneath the photo. 

Copyright 2010 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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