Office of the Public Fiduciary, Exploitation of Vulnerable Adults Investigation

About the Program

Category: Criminal Justice and Public Safety (Best in Category)

Year: 2012

The Office of the Maricopa County Fiduciary was established in 1974 by the Arizona Legislature at Arizona Revised Statutes, Title 14 (the Probate Code). It is the responsibility of the Public Fiduciary to serve as court-appointed Guardian, Conservator and Personal Representative for individuals and estates when no other person or corporation qualified and willing to serve is found. In addition to the duties mandated by the Probate Code, the Maricopa County Public Fiduciary investigates situations warranting possible court inquiry into alleged financial exploitation of vulnerable adults. Under Title 46, Chapter 4, Article 1 of the Arizona Revised Statutes (the Adult Protective Services section), a person in whom a vulnerable adult has placed trust and confidence may only use the vulnerable adult’s assets for the benefit of the vulnerable adult. A person who violates this principle may be found liable for damages up to twice the amount proved. The exploitation of vulnerable adults is endemic in society, often involving family and friends of the targeted adult. By wedding the two pieces of legislation, the Public Fiduciary has proceeded in Court against alleged exploiters within the past two years obtaining a 100% judgment record.