A Built-In Check on Runaway Costs
Court proceedings can get expensive. Guardianship and conservatorship cases are no exception. A.R.S. 14-1104 puts a clear duty on every professional involved: manage costs prudently and preserve the assets for the person who actually needs them.
The fiduciary must prudently manage costs, preserve the assets of the ward or protected person for the benefit of the ward or protected person and protect against incurring any costs that exceed probable benefits to the ward, protected person, decedent's estate or trust, except as otherwise directed by a governing instrument or court order.
A.R.S. § 14-1104(1)This applies to guardians, conservators, personal representatives, trustees, and their attorneys. The statute makes clear that everyone involved has a responsibility to keep costs reasonable, not just the person signing the checks.
Duties for Attorneys and Guardians Ad Litem
The statute goes further than most people expect. It requires court-appointed attorneys and guardians ad litem to act in the best interest of the ward or protected person, avoid excessive or unproductive activities, and affirmatively compare the cost of pursuing any action against the likely benefit.
A guardian ad litem, fiduciary, fiduciary's attorney and attorney for the ward or protected person have a duty to: (a) Act in the best interest of the ward or protected person. (b) Avoid engaging in excessive or unproductive activities. (c) Affirmatively assess the financial cost of pursuing any action compared to the reasonably expected benefit to the ward or protected person.
A.R.S. § 14-1104(2)Market rates also matter. The statute directs courts to consider market rates for goods and services when appointing or substituting fiduciaries and attorneys. This keeps the process grounded in practical economics rather than allowing fees to escalate unchecked.