FACTS ABOUT THE OFFICE OF THE
MARICOPA COUNTY PUBLIC FIDUCIARY

The Office of the Public Fiduciary was established by the 1974 Arizona Legislature. A.R.S. §14-5601(A) states: “Each County Board of Supervisor shall, by resolution or ordinance, create the office of and appoint a public fiduciary.”

It is the responsibility of the Public Fiduciary to serve as court appointed guardian, conservator and personal representative when there is no other person or corporation qualified and willing to serve. There is a public fiduciary office active in every county in Arizona. (See list)

It is the responsibility of the Public Fiduciary to protect the legal rights and financial interests of vulnerable adults and to administer the estates of deceased persons. The Public Fiduciary is an independent and impartial public official and its role in serving as guardian and conservator is to balance protection with autonomy and thereby ensure that people may live in the way they choose with support of family and friends. The Public Fiduciary is accountable to clients, the Court and the public at large. The current Public Fiduciary for Maricopa County is Richard T. Vanderheiden.

The Public Fiduciary’s Office currently has a staff of 35 with combined experience of over 490 years in fiduciary administration, who perform a combination of legal, financial, human service and investigative functions in carrying out their responsibilities. The office administers approximately 1150 guardianships, conservatorships, decedent estates and investigations per year. The office also directs the Maricopa County Indigent Burial Program.

The Public Fiduciary is often appointed by the Probate Court to make an investigation and recommend what action should be taken. The Public Fiduciary’s Office generally prefers to investigate the case prior to any court appointment to explore alternatives with family, friends, caseworkers and attorneys. The Public Fiduciary is frequently appointed successor guardian, conservator or personal representative in matters involving breach of fiduciary duty.

Cases are referred to the Public Fiduciary by physicians, hospitals, nursing homes, attorneys, Adult Protective Services, professional fiduciaries, Social Security Administration, the Arizona State Hospital and members of the general public. Upon receiving a case referral, an intake investigator gathers the information, visits the prospective client, family members and interested persons, then makes recommendations whether to accept or decline the case. The recommendation of the intake investigator takes into account such things as personal care and placement costs, asset and investment status, and the need and eligibility for public benefits.

The fact that a person is elderly, mentally ill, developmentally disabled or physically disabled does not necessarily indicate a need for guardianship or conservatorship. In many cases, alternatives to guardianship can and should be used. Guardianship or conservatorship should be considered a last resort. It should never be used in a retaliatory manner or as a convenience for a health care provider, family member or others. Guardianship or conservatorship is an extreme form of intervention in a person’s life, because it takes control over personal and/or financial decisions for an indefinite, often permanent period of time. Once established, it can be extremely difficult to revoke a guardianship or conservatorship even if the guardian or conservator believes it is no longer necessary.

Although many of the referrals received by the Public Fiduciary’s Office meet the criteria for a guardianship or conservatorship, there is often not a demonstrated need or necessity for the person to have a guardian or conservator. In determining whether to accept the case and petition for guardianship or conservatorship, the Public Fiduciary evaluates the following questions:
  
      1. Is the person in physical risk?
      2. Will the person suffer a financial loss if there are assets that are not protected?
      3. Is the Public Fiduciary’s appointment an advantage to the person’s situation?

If the appointment of a guardian or conservator is necessary and appropriate, a petition is prepared for filing with the Court. The Maricopa County Public Fiduciary is represented in these proceedings by the Civil Division of the Maricopa County Attorney’s Office. The current Deputy County Attorneys for the Maricopa County Public Fiduciary are Gary Strickland and Paul Christian.

The Public Fiduciary serves without bond per state statute and has a claim against the estate for “an annual assessment in lieu of bond of $25.00 and one-forth of one percent of the amount of the estate greater than $10,000.” A.R.S. §14-5604(A)(3). The Public Fiduciary also has a claim against the estate for its expenses and fees and the expenses and fees of its attorney. A.R.S. §14-5604(A)(2). The Public Fiduciary has an approved fee schedule pursuant to an administrative order of the Court. It is important to note that the wards or protected persons for which the Public Fiduciary is appointed guardian and conservator are not supported by any county funds or administrative budget funds of the Public Fiduciary’s Office. All support for the wards or protected persons come from their own estate.

OFFICE LOCATION/PARKING

Security Center Building
222 North Central Avenue, Suite 4100
Phoenix, Arizona 85004

There is available paid parking on the northeast corner of Van Buren and Central Avenue.

SERVICE HOURS

8:00 a.m. to 5:00 p.m.
Monday through Friday
Phone: 602-506-5801
FAX: 602-506-3003

The office is open during the noon hour. The office is closed on all legal holidays.

See contact and biographical information on the staff of the Maricopa County Public Fiduciary.