When the Public Fiduciary Steps In
The court appoints a public fiduciary in two main situations. First, when a living person becomes incapacitated and no one is available to serve as guardian or conservator. Second, when someone passes away and no personal representative can be found to administer the estate. In deceased person cases, law enforcement may initially secure the property until the public fiduciary takes over.
How to Avoid the Public Fiduciary System
The public fiduciary is a safety net, not a first choice. Naming a successor trustee in a living trust, designating an agent under a financial power of attorney. And choosing a personal representative in your will all keep your affairs in the hands of someone you have chosen. Without these designations, the county decides who manages your property and finances.