About
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
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.
- A person lacks understanding to make or communicate responsible decisions concerning his or her daily living needs.
- Only when there are no other alternatives or persons qualified, the Public Fiduciary will serve as Guardian.
A Conservator:
- Is appointed by the court for a person who is unable to manage his or her own finances or property.
- A Conservatorship may be required when a person’s assets exceed $10,000 and the Court feels they are no longer able to manage their own financial affairs.
- The Public Fiduciary prides itself on serving the indigent population and will defer to private fiduciaries when appropriate.
A Personal Representative (“executor”):
- Is appointed by the court to manage the estate of a person who has died.
- Ensures a deceased person’s estate is protected and administered properly to:
- beneficiaries,
- lien holders,
- and heirs.
- Most beneficiaries, heirs, and lien holders have priority over the Public Fiduciary.
- The Public Fiduciary will only serve as a last resort.