Gila County Health Department

SERVICES
 
   Guardianship and/or conservatorship are appropriate only when a person is unable to manage his/her person or property and consequently is in danger of abuse, victimization or substantial danger to health. If these elements can be proven by clear and convincing evidence in court, the person may need a guardian and/or conservator to make decisions for him/her.

How is a referral made to the Public Fiduciary?Contact should be made with an intake investigator in the Public Fiduciary’s Office. If services are being requested, a referral form will be mailed out. When the form had been completed and returned, an intake investigator will review the case. If a guardian and/or conservatorship petition is to be filed requesting the appointment of the Public Fiduciary, an investigator will be initiated, the relative and interested parties will be contacted and the potential ward will be visited. Cases are referred to the Public Fiduciary by physicians, hospitals, nursing homes, attorneys, Adult Protective Services, private fiduciaries, Social Security Administration, Arizona State Hospital, social and community agencies and members of the general public.


What to expect:
Contact should be made with an intake investigator in the Public Fiduciary’s Office. If services are being requested, a referral form will be mailed out. When the form had been completed and returned, an intake investigator will review the case. If a guardian and/or conservatorship petition is to be filed requesting the appointment of the Public Fiduciary, an investigator will be initiated, the relative and interested parties will be contacted and the potential ward will be visited. Cases are referred to the Public Fiduciary by physicians, hospitals, nursing homes, attorneys, Adult Protective Services, private fiduciaries, Social Security Administration, Arizona State Hospital, social and community agencies and members of the general public.

Steps to consider before referral:

  • All other possibilities for solution of the client’s problems should be exhausted. This includes referral to other agencies for appropriate services.
  • Counseling with the client, personally to mobilize resources or to help the client accept the services that are available. Often this step is sufficient; a client may accept difficult changes in his or her life if someone takes the time and effort to show they care.
  • If the client appears genuinely unable to manage his/her affairs, encourage the family or close friends to accept responsibility for the client and become guardian and/or conservator is necessary.

What to Expect:
The referring person or agency is expected to completely fill out the referral form and to obtain a properly written report signed by a physician, certifying that guardianship or conservatorship is necessary. This information is necessary for assessment of the case and for appropriate follow up if the Public Fiduciary is appointed. The investigator takes into account such things as personal care and placement costs, assets status, the necessity and eligibility for public benefits. At the investigation, the following questions are considered:

Is the person at physical risks?
Will the person suffer a financial loss if the assets are not protected?

Is the Public Fiduciary’s appointment an advantage to the person’s situation?
The Public Fiduciary will petition for appointment of a guardian or conservator only in those cases where there is a demonstrated need as defined by the Arizona Statues.

Because one meets the criteria for a guardian or conservator, does not necessary mean that there is a demonstrated need that the person have a guardian or conservator.

The person alleged to be incapacitated shall be interviewed by a person appointed by the court (called a court visitor) and examined by a court appointed physician, and a court appointed attorney for the

 Home  -  Webmaster -   Links