When the Public Fiduciary Steps In
The court appoints a public fiduciary when no one else is available. This could mean a person who is incapacitated with no family nearby.
It could also mean a deceased individual whose relatives cannot be found. The public fiduciary fills the gap so that property stays protected and vulnerable people receive 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. They may conduct investigations needed to carry out their role.
How Law Enforcement Fits In
Sometimes a law enforcement agency responds to a death and cannot find the heirs or personal representative. In that case, the public fiduciary takes over.
The law enforcement agency protects the property in the meantime. The public fiduciary then follows the steps 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)Under this statute, "law enforcement agency" means the police department of a city or town, or the county sheriff for unincorporated areas. This coordination helps prevent property loss between a death and estate management.