What is a Fiduciary?

  • A Court appointed person who takes care of the needs or property of another person.
  • Court appointed as guardian, conservator or personal representative of estates.
  • Appointed only when there is no one else willing to serve – considered “fiduciary of last resort.”
  • Fees for the fiduciary and staff must be approved by the court and are paid by the person’s estate.
  • Fees may be delayed, waived or reduced if the ward’s estate has insufficient funds.
  • Licensed by the Arizona Supreme Court and regulated by the Administrative Office of the Courts (AOC).
  • Fiduciaries are not caregivers, but may assist in unique circumstances with the coordination of personal care services, such as, bathing, dressing, personal hygiene, household chores and shopping.

Roles of the Maricopa County Public Fiduciary

  1. A Guardian
  2. A Conservator
  3. A Personal Representative ("executor")

A Guardian:

  • Is appointed by the court for a person who is unable to take care of their personal and medical needs.
  • The court determines the need for a Guardian when
    • A person lacks understanding to make or communicate responsible decisions concerning his or her daily living needs.
      • Usually occurs as a result of physical or mental illness, an accident or dementia.
  • Only when there are no other alternatives or persons qualified, the Public Fiduciary will serve as Guardian.