FAQs • Maricopa County, AZ • CivicEngage

What is a Conservator?: Under the court’s supervision, a conservator oversees a person’s assets and manages those assets for the benefit of that individual. Each year the conservator must file an accounting with the court and receive the court’s approval.

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Public Fiduciary - GUARDIANSHIP AND/OR CONSERVATORSHIP

1. Who does the Office of the Public Fiduciary provide services for?: The office serves individuals who have very limited or no funds, no family members or other interested parties, or a private fiduciary willing to serve in the role as guardian and conservator.

2. What is a Guardian?: A guardian is a person who has the legal authority to care for the personal and property interests of another person. A guardian is appointed by the court for a person who is unable to take care their personal and medical needs themselves. The Public Fiduciary will only serve as guardian when there are no other alternatives or persons qualified.

3. Who is the Court likely to appoint as guardian?: The court will look to the family first to determine if there is anyone qualified to serve as guardian. A family member is often the best choice to serve, because the family will be most familiar with their loved ones unique preferences and will have knowledge of their individual history. The Public Fiduciary is appointed only when there are no other alternatives to guardianship and there is no one else willing and able to serve. There are also private fiduciaries that perform these services.

4. What is a Conservator?: Under the court’s supervision, a conservator oversees a person’s assets and manages those assets for the benefit of that individual. Each year the conservator must file an accounting with the court and receive the court’s approval.

5. Are there any alternative options to petitioning for guardianship?: Yes, Arizona Law recognizes several alternatives to guardianship

6. Where can I go to get help petitioning for guardianship?: The form is available here - Court Forms.

7. What steps should be taken before considering a referral to the Office of the Public Fiduciary?: See alternatives to guardianship.

8. How is a Guardian and/or Conservator appointed?: A guardian and/or conservator is appointed by the court. A court hearing is held to consider all the necessary information. The court decides whether the person is in need of protection and appoints a guardian and/or conservator.

9. Is setting up a guardianship expensive?: Court filing fees apply to every case, unless a deferral or waiver application is granted by the court. An attorney retainer is common and if the appointment is successful, the legal expenses may be paid out of the funds belonging to the person needing protection. Some families file the legal documents with the help of the forms available at the self-help service center, Court Forms.

10. Is there a cost for service from the Office of the Public Fiduciary?: Yes, for more information visit the Public Fiduciary fees.

11. How is a referral made to the Office of the Public Fiduciary?: For more information please see Guardianship and/or Conservatorship page.

12. Is the Guardian responsible for the Ward's debts and expenses?: No. The Ward's debts and expenses are paid from their own income and resources. The debtor cannot collect from the legal agent's personal funds.

If there are no funds after the Ward's basic expenses for care and services are paid, the guardian notifies the creditor that their claim cannot currently be paid as the Ward is unable to pay.

You may want to consult an attorney familiar with guardianships/conservatorships.

To find an attorney suitable for consultation, contact the Arizona State Bar.

14. What do I do if the Ward no longer needs a Guardian?: Obtain a new medical report that states the Ward no longer needs a guardian. Then file a petition with the court for termination of guardianship.