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.


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QUESTIONS

  • Does AZ law allow for co-Agents on a Durable General Power of Attorney?
  • 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?
  • Is Arizona a common-law marriage state? If two seniors have been living together for more than ten years without being married and one passes away, will the living senior be responsible for the debts of the deceased.
  • I need to prepare a writ for the Superior court of Maricopa county. I have a judgment and want the sheriff to go out and seize something. The court keeps sending my packet back to me saying I don't have this or I need that but do not explain how to do it. Very frustrating. The current reject says "....the writ you are submitting to get issued to the Superior Court is the paperwork for a Justice Court". Searched for hours and cannot find any such application for Superior Court on a writ.
  • When my son was arrested somehow he was wrongfully charged. It shows the wrong charges on the Az Court Records Search. I asked our attorney at the time to get the wrong charges removed but as we found out today, he did not do that... What can we do to get this taken care of? Who actually sits at a computer and puts these charges on the records search for any one to see?
  • If someone has been claiming on tax forms another person who is cohabitating with them, who is responsible and for what?
  • 1) what is the statute of limitations for committing perjury; 2) for "suborn(ing) perjury; civil and criminal, if different.
  • How do I get my file \case number?
  • im looking for a document for motion to reconsider in a child support case
  • My birth date is wrong on my birth record how can I correct this

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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

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