Why the Public Fiduciary Exists
Not everyone has a family member, friend, or professional ready to manage their affairs if they become incapacitated or pass away. That is where the public fiduciary steps in. The law requires every county to maintain this office for people who would otherwise have no one to serve in a fiduciary role.
Each county board of supervisors, by resolution or ordinance, shall establish the office of and appoint a public fiduciary. The supreme court shall certify each public fiduciary pursuant to section 14-5651.
A.R.S. § 14-5601(A)The public fiduciary can hire assistants, deputies, and support staff as needed. Salaries are set by the board of supervisors. These staff members serve at the pleasure of both the public fiduciary and the board.
Who Pays for the Office
The costs of running the public fiduciary's office are a charge against the county. This means taxpayers fund the baseline operations. The public fiduciary may also recover certain fees from individual estates it manages.
Costs incurred in conducting the office of public fiduciary shall be a charge against the county.
A.R.S. § 14-5601(C)For families working on estate plans, the public fiduciary serves as an important safety net. But relying on a county-appointed fiduciary means losing control over who manages your affairs and how decisions get made. A well-structured estate plan with a named successor trustee and financial power of attorney keeps that control in your hands.