A. 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.

Terms Used In Arizona Laws 14-5602

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Court: means the superior court. See Arizona Laws 14-1201
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary: includes a personal representative, guardian, conservator and trustee. See Arizona Laws 14-1201
  • Person: means an individual or an organization. See Arizona Laws 14-1201
  • Personal representative: includes an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status. See Arizona Laws 14-1201
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • State: means a state, territory or possession of the United States, the District of Columbia or the Commonwealth of Puerto Rico. See Arizona Laws 14-9101

B. On filing a statement of administration pursuant to section 14-5605 or on obtaining an order to preserve and protect property pursuant to section 14-5606, the public fiduciary shall take possession of all properties and perform the duties prescribed in sections 14-5605 and 14-5606 when, in the performance of its duties, a law enforcement agency is unable to determine or locate the heirs or personal representative of a deceased person. Pending action by the public fiduciary, the law enforcement agency shall protect all properties of the deceased person.

C. The public fiduciary may apply for and become a designated payee of benefits payable to a person under federal or state law.

D. The public fiduciary may conduct investigations necessary to carry out the requirements of this section and section 36-831.

E. For the purposes of this section, "law enforcement agency" means either:

1. The police agency of an incorporated city or town.

2. The county sheriff of an unincorporated area of a county.

 

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