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REFERENCE TITLE: fiduciary compensation; veterans' services department |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SB 1292 |
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Introduced by Senators Nelson, Griffin
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AN ACT
amending sections 14‑5414 and 41‑606, Arizona Revised Statutes; relating to the department of veterans' services.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 14-5414, Arizona Revised Statutes, is amended to read:
14-5414. Compensation and expenses; definitions
A. If not otherwise compensated for services rendered, any investigator, accountant, lawyer, physician, registered nurse, psychologist or conservator who is appointed in a protective proceeding, including a lawyer of the person alleged to be in need of protection pursuant to section 14‑5407, subsection B, is entitled to reasonable compensation from the estate of the protected person if the petition is granted or from the petitioner if the petition is denied.
B. If the petitioner withdraws the petition or if the court dismisses the petition because of the petitioner's failure to prosecute, the court may order that the compensation of the investigator, accountant, lawyer, physician, registered nurse, psychologist or conservator who is appointed pursuant to this article, including a lawyer of the person alleged to be in need of protection pursuant to section 14‑5407, subsection B, be paid either from the protected person's estate or by the petitioner, depending on the facts and circumstances. In making these determinations, the court may consider any evidence it deems appropriate.
C. A lawyer who is employed by the conservator to represent the conservator in the conservator's appointment or duties as conservator is entitled to reasonable compensation from the estate if the petition is granted. If the petitioner withdraws the petition or if the petition is dismissed because of the petitioner's failure to prosecute, the court may order that the compensation of the proposed conservator's lawyer be paid either from the protected person's estate or by the petitioner, depending on the facts and circumstances. In determining which party shall pay, the court may consider any evidence it deems appropriate.
D. A lawyer who is employed by the petitioner to represent the petitioner in seeking the appointment of a conservator is entitled to reasonable compensation from the protected person's estate if the petition is granted.
E. If the court pays for any of these services it may charge the estate for reasonable compensation. The clerk shall deposit monies it collects in the probate fund pursuant to section 14‑5433.
F. If a county pays for any of these services from general fund appropriations, the county may charge the estate for reasonable compensation. The county treasurer shall deposit monies collected pursuant to this subsection in the same fund from which the expenditure was made.
G. Compensation payable to the department of veterans' services, when acting as a conservator of the estate of a veteran or a veteran's surviving spouse or minor child or the incapacitated spouse of a protected veteran, shall not be not less than five per cent nor more than five ten per cent of the amount of monies received during the period covered by the conservatorship. A copy of the petition and notice of hearing shall be given to the proper officer of the veterans administration United States department of veterans affairs in the manner provided in the case of any hearing on a guardian's account or any other pleading. A commission or compensation is not allowed on the monies or other assets received from a prior conservator or on the amount received from liquidation of loans or other investments.
H. For the purposes of this section:
1. "Conservator" includes a conservator, temporary conservator or special conservator.
2. "Petition" means a petition filed pursuant to section 14‑5401.01, subsection A or section 14‑5404, subsection A.
3. "Protected person" includes a person who is alleged to be in need of protection.
Sec. 2. Section 41-606, Arizona Revised Statutes, is amended to read:
41-606. Action as executor, administrator, guardian or conservator; bond; method of payment
A. The department shall post with the secretary of state a corporate surety bond in an amount of five hundred thousand dollars. The bond shall be conditioned upon on the faithful discharge of the department's duties as executor, administrator, conservator or guardian and shall inure to the use and benefit of each person or estate for whom the department is appointed to act. In any case or proceeding in which the department is appointed administrator, executor, guardian or conservator as authorized under this article, the department shall act without additional bond and the court or official having jurisdiction shall so order in its order of appointment.
B. In each case in which the department is appointed to serve as administrator, conservator, executor, custodial and representative payee or guardian as authorized under this article, the court in which the estate is filed shall authorize a charge for each estate's share of the bond premium to be paid from the assets of the estate and to be deposited, pursuant to sections 35‑146 and 35‑147, in the state general fund. The department shall determine the charge to be made against each estate.