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REFERENCE TITLE: public fiduciaries; due diligence |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HB 2610 |
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Introduced by Representatives Barton: Crandell, Judd, Stevens
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AN ACT
amending section 14-5602, Arizona Revised Statutes; relating to public fiduciaries.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 14-5602, Arizona Revised Statutes, is amended to read:
14-5602. Duties of public fiduciary; appointment; law enforcement agency; temporary protection of property; definition
A. The court shall appoint a public fiduciary for those persons or decedents' estates in need of guardianship, conservatorship or administration and for whom the court determines, after due diligence, there is no person or corporation qualified and willing to act in that capacity. The court shall not make an appointment pursuant to this section earlier than ninety days after receiving the request for appointment. During this period, the court shall determine if it is in the person's best interest to appoint a guardian or conservator instead of a public fiduciary and determine if the person who is the subject of protection has granted decision-making authority to another qualified person through any document, including a power of attorney, health care directive or living will. The court shall also document its efforts to contact qualified persons who could serve in this capacity.
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. The public fiduciary shall document its efforts to locate the heirs or personal representative and file this information with the court.
C. The public fiduciary may apply for and become a designated payee of benefits payable to a person under federal or state law.
D. 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.