In the wake of unfortunate stories like the one of Marie Long, legislators are considering proposals that would make court-appointed fiduciaries and trustees more accountable. A column in the Arizona republic looks at a handful of proposals on the table this year. The goals of the proposals are to give vulnerable individuals or their representatives more control over how their money is being managed and spent by court appointed agents.

The article in the Arizona Republic points out one of the most glaring ironies related to the current system. If you feel that a court appointed fiduciary is breaching their duty to you and decide to challenge them, they may use your own money to defend themselves from your allegations.

House Bill 2424 takes several steps that if approved, would give a ward and their families more information about the way the funds are being managed and an increased ability to remove a fiduciary that they feel is not working out.

The bill says that a court-appointed fiduciary must provide a written account of all of the expenditures from the ward's funds on a monthly basis. Further, a fiduciary must resign if they are unable to maintain a proper working relationship with the ward, their family or legal guardian.

Of course, many court appointed fiduciaries act wholly for the best interest of the ward and do so in a cost effective manner. However a misunderstanding of the ward's needs and interests by the fiduciary, or a misunderstanding of the fiduciaries actions can lead to a breakdown. Like many relationships, ongoing communication is one of the keys to ensuring the fiduciary and the ward are on the same page, pursuing a common goal.

Source: Arizona Republic Bills may lead to needed probate reform Laurie Roberts, January 19, 2011