When a Fiduciary Arrest Warrant Can Be Issued
Courts appoint fiduciaries to manage other people's money, property, and personal affairs. That responsibility comes with court oversight. When a fiduciary is ordered to appear and does not, the court needs a way to compel attendance.
The court may issue a fiduciary arrest warrant if the court finds that all of the following apply to the person for whom the warrant is sought: 1. The person was ordered by the court to appear personally at a specific time and location. 2. The person received actual notice of the order, including a warning that the failure to appear might result in the issuance of a fiduciary arrest warrant. 3. The person failed to appear as ordered.
A.R.S. § 14-5701(A)All three conditions must be met. The fiduciary must have been ordered to appear at a specific time and place. They must have received actual notice, including a warning about the possibility of an arrest warrant. They must have failed to appear. The court can issue the warrant on its own motion or at the request of a party.
How the Warrant Works
Once issued, the warrant commands that the named person be arrested. The person is either held in the custody of the sheriff or brought before the judicial officer who issued the warrant. If that judicial officer is absent or unable to act, the person is brought before the nearest or most accessible judge of the superior court in the same county.
The warrant issued pursuant to this section remains in effect until it is executed or extinguished by the court.
A.R.S. § 14-5701(B)The warrant does not expire on its own. It stays in effect until the person is arrested or the court cancels it. The court also sets a bond amount. A peace officer executing a fiduciary arrest warrant has the same powers as with a criminal arrest warrant. This is one of the strongest enforcement tools available to protect vulnerable individuals who depend on a fiduciary to act responsibly.