Professional fiduciaries, including both public and private, are required by statute (A.R.S. 14-5651) to be registered with the Arizona Supreme Court in order to be appointed by the Court to serve as guardian, conservator or estate administrator. The registration process requires the applicant to be fingerprinted, post a bond, pass an examination, and be an adult citizen. The applicant may not have been convicted of a felony and must attest that he/she has not been found civilly liable in an action that involved fraud, misrepresentation, material omission, misappropriation, theft or conversion. Any person may notify the Supreme Court if it appears that a fiduciary has violated a rule under Article 7 of A.R.S. Section 14-5651. A person who in good faith provides information or testimony regarding a private fiduciary’s misconduct or lack of professionalism is not subject to civil liability, and communications regarding a private fiduciary’s conduct are confidential. A list of certified fiduciaries is available through the Fiduciary Certification Program’s website.
The Public Fiduciary is available to speak to groups, professionals or the general public regarding the guardianship/conservatorship process, as well as alternatives to guardianship. The Public Fiduciary and staff attend continuing education in order to keep up with current developments in the law and the requirements of fiduciary standards and ethics.