Guardianship

A guardian can be appointed when a person is determined by the
court to be incapacitated because he or she lacks sufficient
“capacity” to make or communicate responsible decisions concerning his or her daily living needs. Incapacity is usually a result of physical or mental illness, accident or dementia.  When a guardian is appointed by the probate court, he or she works to ensure that the personal and medical needs of an incapacitated person 'ward' are met.

The guardian is responsible for providing the least restrictive environment for the ward, determining and considering preferences of the ward, and making decisions to provide for the best possible care for that person.  The guardian for an incapacitated person must report to the court the progress made in managing the affairs of the individual.  Arizona requires the Professional Guardian to be Certified as a Fiduciary through the Administrative Office of the Courts, Certification and Licensing Division of the Arizona Supreme Court.

For more information about Guardianship, please see the article "Overview of Guardianship" on the Information page.

Conservatorship

A Conservator can be appointed by the probate court to manage the financial affairs and property of someone who is determined by the court to be unable to manage his or her own finances or property.

The conservator manages the assets of the protected person for his or her benefit under the court’s supervision.  Each year the conservator must account to the court and identify all receipts and disbursements made. The Conservator has a statutory duty to manage the affairs of the protected person with loyalty, prudence and solely for the benefit of the protected person.  Arizona requires the Professional Conservator to be Certified as a Fiduciary through the Administrative Office of the Courts, Certification and Licensing Division of the Arizona Supreme Court.

You can obtain more information about the role and responsibilities of the Professional Fiduciary at the Arizona Fiduciaries Association.

Personal Representative

After the loss of a loved one, families may be faced with issues of
increased care for a surviving family member.  Utilizing the services
of a fiduciary may be a necessary service for your family to consider.  A fiduciary is someone who accepts the responsibility of ensuring that the medical and personal needs of an individual are met as well managing the property of another person for the benefit of that person. The fiduciary is in a role of the highest legal trust.  In this role, the fiduciary manages the affairs of another, solely for the benefit of the protected person. 

Leslie Mann-Damon is an Arizona Certified Fiduciary who can be court-appointed as guardian, conservator, or personal representative to ensure the needs of the incapacitated person are met, as well as manage all aspects of the estate.  By service agreement, she may serve as trustee, successor trustee, representative payee or an agent under powers of attorney.

Licensing requirements make the Licensed Fiduciary an excellent choice for the role of Power of Attorney and / or Successor Trustee.  These roles are provided with the same high degree of services as court ordered cases.

 

           
           
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