House of Representatives

HB 2351

fiduciary omnibus

Sponsors: Representative Voss, Senator Richardson: Representative Brotherton

DP	Committee on Judiciary
DP	Committee on Financial Institutions and Insurance
DP	Caucus and COW
DP	Third Read
X	As Transmitted to the Governor

HB 2351 broadens the power of the Arizona Supreme Court to oversee fiduciaries certified by the Court.

History

Arizona currently has two types of fiduciaries, both public and private. County boards of supervisors must appoint a public fiduciary who is in turn appointed by the court for persons or decedents’ estates in need of guardianship, conservatorship or administration for whom there is no person or corporation qualified and willing to act in that capacity. Currently, only private fiduciaries are subject to regulation by the Supreme Court. Private fiduciaries must register with the Court and be a citizen of the United States, not have been convicted of a felony, not have been found civilly liable in an action that involved fraud, misrepresentation, material omission, misappropriation, theft or conversion, and attend training sessions as prescribed by the Court.

Provisions

· Adds a violation of fiduciary duty as an aggravating factor for purposes of Arizona’s sentencing statute.

· Authorizes the Court to reasonably compensate investigators, accountants or attorneys for services rendered for probate of wills and administration of estates. The compensation may be charged to the estate, but if this is not feasible the Court must provide the compensation.

· Requires public fiduciaries to register with the Court and be certified as a fiduciary.

· Increases the minimum age for certification as a fiduciary from 18 to 21 years of age.

· Requires applicants for certification to consent to the jurisdiction of Arizona courts for actions arising under Arizona fiduciary law.

· Specifies that the Fiduciary Program Coordinator is the lawful agent for purposes of service of process in any action relating to the duties of a fiduciary.

· Adds public fiduciaries and the Department of Veterans’ Services to the definition of fiduciary.

· Establishes a fiduciary arrest warrant that authorizes criminal arrest of a fiduciary who fails to appear before the court as ordered.

· Outlines the time and manner for arrest of a fiduciary pursuant to a fiduciary arrest warrant.

· Authorizes an officer to use reasonable force to enter a building where the fiduciary named in the warrant is reasonably believed to be.

· Authorizes an officer to execute the warrant without being in possession of the warrant but requires the officer to show the fiduciary the warrant as soon as practicable after execution of the warrant.

· Outlines procedure after execution of the warrant, including release from custody pending the hearing if the fiduciary pays a bond set by the court.

· Requires a fiduciary arrest warrant to be entered into the wanted person file of the Arizona Criminal Justice Information System.

· Expands the purpose of the Criminal Justice Enhancement Fund to support a statewide fiduciary audit program.

· Makes technical and conforming changes.

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· 45th Legislature

· Second Regular Session 2 May 29, 2002

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