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Last Post 18 Sep 2023 06:50 PM by �RMayo
ACJA § 7-202: Fiduciary
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Shanneyvie Halk
New Member
Posts:12 New Member

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18 Aug 2023 03:41 PM
    Aaron Nash
    Director, Certification & Licensing Division
    Arizona Supreme Court and Administrative Office of the Courts 1501 W. Washington St., Ste. 104
    Phoenix, AZ 85007
    602-452-3378
    [email protected]
    Comment deadline is September 18, 2023

    Proposed modifications to ACJA 7-202 Fiduciary. To better meet the needs of the Fiduciary program and its licensees, the proposed modifications will increase fiduciary fees, clarify the definitions of fiduciary, ward, minor ward, and personal representatives, as well as simplify the roles and responsibilities of the court, board, and fiduciaries, the requirements for initial and renewal licensure, and the fiduciary code of conduct. The proposed modifications also resolve the confusion about continuing education, removes repetitive or irrelevant sections and language, and rephrase portions in plain English. The proposed changes are attached.
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    KBPrescottAZ
    New Member
    Posts:1 New Member

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    14 Sep 2023 03:32 PM
    Please consider an exemption for the proposed licensing fee increases for PUBLIC fiduciaries.
    A PUBLIC fiduciary serves per statute and is NOT a private, for-profit business as is a PRIVATE fiduciary.
    As a director of a county agency, I am required to submit my proposed budget for each fiscal year to our Board of Supervisors more than six months in advance of the upcoming fiscal year for approval. Our budget is extremely lean and not padded because we serve using public, taxpayer-generated funds.
    To reiterate, the county PUBLIC fiduciaries serve the most needy, indigent members of our communities per the requirement of statute and are not private, for-profit businesses. A licensing fee increase would create additional stress on our already very limited public resources.
    Thank you for your consideration.
    Heidi Ernst
    New Member
    Posts:1 New Member

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    15 Sep 2023 06:34 PM
    I join in the comment voiced by KBPrescottAZ and would also like to advocate for an exemption (or significant reduction) to licensing fees on behalf of county public fiduciaries and their licensed staff. Public fiduciaries are required to serve per statute and are publicly funded. Our client base is largely indigent, such that public fiduciaries are not able to, nor designed to, operate on fees assessed to its wards and protected people. A significant increase to fiduciary licensure fees will negatively impact public fiduciaries and, by extension, the wards, protected persons, and decedents estates they serve.
    Bill C
    New Member
    Posts:1 New Member

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    18 Sep 2023 01:17 PM
    A tiered fee structure for public versus private fiduciaries seems appropriate. My concern is that CLD investigations are not being completed in a timely manner and random audits have essentially stopped. CLD needs additional funding to appropriately staff investigations and protect victims from fiduciaries that exploit the vulnerable populations. My suggestion is to substantially increase the fees for private fiduciaries, given they are for profit businesses, while minimizing increases to public fiduciaries that are supported by public funds. If a public fiduciary charges the estate of a ward then they should be considered as 'for profit' and no tiered fee structure should apply to them.
    CYRyuma
    New Member
    Posts:1 New Member

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    18 Sep 2023 06:16 PM
    I join in the comment made by KBPPrescottAZ and would like to advocate for an exemption or to keep current license fees for PUBLIC fiduciaries and their licensed staff. Public fiduciaries are required to serve per statute and are publicly funded. We are required to submit proposed budgets six months in advance of the upcoming fiscal year. Our budget is very limited and there is no room for such an increase in fees.
    RMayo
    New Member
    Posts:1 New Member

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    18 Sep 2023 06:50 PM
    Please consider Public Fiduciaries be exempt from the Licensing Fee increase. As other public fiduciaries have commented here, we manage our fiduciary duties utilizing tax dollars. Additionally, our currently approved Budget does not include the fee increase should it be implemented for 2024.
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