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A.R.S. § 14-5701

Fiduciary Arrest Warrants Explained

Verified April 4, 202657th Legislature, 1st Regular Session

When a fiduciary is ordered to appear in court and fails to show up after receiving actual notice, the court can issue a fiduciary arrest warrant. This enforcement tool applies to cases under Title 14 (estates and trusts) and Title 41 (veterans' services).

Title 14, PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

azleg.gov

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.

14-5701. Fiduciary arrest warrants A. In an action or proceeding to enforce a court action in a case filed pursuant to this title or title 41, chapter 4, article 1, or on motion by a party or on its own motion, 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. B. The judicial officer shall order the fiduciary arrest warrant and the clerk shall issue the warrant. The warrant shall contain the name of the person to be arrested and other information required to enter the warrant in the Arizona criminal justice information system. The warrant shall command that the named person be arrested and either remanded to the custody of the sheriff or brought before the judicial officer or, if the judicial officer is absent or unable to act, before the nearest or most accessible judicial officer 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. C. The warrant shall set forth a bond in a reasonable amount to guarantee the appearance of the arrested person or an order that the arrested person be held without bond until the arrested person is seen by a judicial officer. D. A peace officer acting pursuant to a fiduciary arrest warrant has the same powers as if acting pursuant to a criminal arrest warrant.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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