When the Public Fiduciary Steps In
The court appoints a public fiduciary in situations where there is genuinely no one else available. This could mean a person who is incapacitated with no family nearby, or a deceased individual whose relatives cannot be found. The public fiduciary fills the gap so that property does not sit unprotected and vulnerable people do not go without care.
The court shall appoint a public fiduciary for those persons or decedents' estates in need of guardianship, conservatorship or administration and for whom there is no person or corporation qualified and willing to act in that capacity.
A.R.S. § 14-5602(A)The public fiduciary can also apply to become a designated payee of benefits under federal or state law and conduct investigations necessary to fulfill its responsibilities.
How Law Enforcement Fits In
When a law enforcement agency responds to a death and cannot find the heirs or personal representative, the public fiduciary takes over. The law enforcement agency protects the property in the meantime, and the public fiduciary then follows the procedures outlined in A.R.S. 14-5605 and 14-5606.
Pending action by the public fiduciary, the law enforcement agency shall protect all properties of the deceased person.
A.R.S. § 14-5602(B)For this statute, "law enforcement agency" means either the police department of an incorporated city or town, or the county sheriff for unincorporated areas. This coordination between law enforcement and the public fiduciary helps prevent property loss during the gap between a death and estate administration.
