Getting Assistance Article


Certified Fiduicaries

A certified fiduciary is an individual or business serving as a court appointed guardian, conservator or personal representative (probate) for one or more persons, charging a fee, unrelated to the person or decedent and is not nominated in the will.

Each county in Arizona has a probate court which is part of the state’s court system. This probate court appoints the guardians for incapacitated persons, conservators for persons whose assets require protection, and personal representatives for the administration of decedents’ estates.

A guardian is appointed by the probate court to ensure the personal and medical needs of an incapacitated person are met. A person is determined by the court to be incapacitated when he or she lacks sufficient understanding to make or communicate responsible decisions about his or her daily living needs. Incapacity is usually a result of physical or mental illness, accident or dementia.

A conservator is appointed by the probate court to manage the financial affairs of someone who is determined by the court to be unable to manage his or her own finances or property.

A personal representative is appointed by the probate court to administer the estate of a person who died. The personal representative is responsible for identifying, inventorying and protecting all of the assets in the estate, paying bills and allowable claims against the estate, locating all of the heirs and beneficiaries, paying the administrative costs of probating the estate, and distributing the remaining assets to the heirs or beneficiaries.

Under Arizona law a professional fiduciary must be certified with the Arizona Supreme Court in order to be eligible for appointment by a probate court as a guardian, conservator or personal representative. State law requires that to become certified, fiduciaries must meet certain eligibility requirements. A directory of state-certified fiduciaries and businesses is available on the Certified Fiduciary Program website .

You can write to : Fiduciary Certification Program, Arizona Supreme Court, 1501 West Washington, Suite 104, Phoenix, AZ 85007-3327 or by calling (602) 452-3378. NOTE: The Program cannot refer you to a specific certified fiduciary or business for services. A complaint form is available on the website.


Comments:

QUESTIONS

  • What are the duties of a personal representative in probate?
  • I was divorced in 2009. I was awarded 3 years spousal support. Ex husband paid for 6 months, quit his job and left the state and has not paid any alimony in one year. I need help to file the right forms to collect this due alimony.
  • My husband has Parkinson's Disease and has cognitive issues related to it. I am his durable POA, which went into effect last spring. In the summer, he contacted a company to install solar panels and signed a contract to lease the panels over the next 20 years for a total of $50,000. I never saw the actual contract that he signed. He said that he thought they were attaching the lease payments to our electric bill. The solar went into affect in September but we just received the first bill which is when I became aware of the lease. Is there any way that I can cancel the contract at this point?
  • How do I take care of my daughters estate, since she did not have a will, nor life insurance and was living under the poverty level?
  • In 2005, I had double strokes which left me unable to walk, memory loss,or to feed myself. My youngester daughter always took care of me. During that time I lived by myself in my home. My only son volunteered to stay with me in my home and take care of me. He lied to me in Dec. '06 and made me sign over the title of my home. He no longer wanted to take care of me so he told my oldest daughter to take me for the weekend while he changed the locks to my home. My oldest daughter then took me to my grandaughter's home and left me there. Now I am living with my youngest daughter and want my home back. I was in no mental condition to know what was going on, I trusted my only son.
  • My fiance and I went to Dallas over Easter weekend to get his mother Mary age 76 from the nursing home she was in. She has severe Dementia and her husband agreed to let us take her in. He no longer wants to make any decision on her. Phillip is her only child. We need to get power of Attorney on her. Was told we needed to get a Durable Power of Attorney and would cost us 6k to do this. Is their a cheaper way? How? Thank you
  • MY DEMENTIA MOTHER (age 80) IS IN A COURT BATTLE TO GET HER HOME BACK. HER SSA IS SAVED TO PAY BACK TAXES. ALTCS DISQUALIFIED HER BECAUSE OF THE MONEY IN HER ACCOUNT, WHICH WILL ALL GO TOWARD COURT COST. HOW CAN SHE GET AROUND THIS TO RECEIVE IN-HOME CARE?
  • I filed in small claims for the return of my rental deposit. I named the home owner as defendant and responded with a copy of the lease which names someone else as the landlord. I don't want to wait for a court date. How can I "cancel" this action and file a claim on the landlord on the rental agreement?
  • My daughter Kristen was my Payee when I lived in Atlanta but now I live in Phoenix with my other daughter. I think Kristen is trying to steal my properties I saved to sell for my retirement and I don't know what to do to get them back. She won't answer calls or letters and I think her husband is paying the realestate taxes so that he can own my properties eventually. I am about to lose everything I ever worked and saved for. Can you help me?
  • Landlord has ignore his responsibility to reimburse security deposit. Unit left in excellent condition forwarding address provided. My rights for recourse are?

STORIES

LegalLEARN

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS

RELATED ARTICLES

Assistance with Legal Document Preparation

Where to Find an Attorney for Specific Legal Advice

Tips for a Successful Client-Attorney Relationship

MEDICARE IS HERE TO STAY

LINKS

Benefits Checkup

Arizona Department of Economic Security

American Bar Association (ABA) Commission on Law and Aging

Arizona Attorney General Civil Rights Division

Area Agency on Aging

See More...