Otis Fiduciary and Guardianship Services

 

 

Joe’s Life

Joe was a 92 year old very active man living in his four bedroom home on a golf course which he played 3 to 4 times per week. When not playing golf Joe was often seen cruising around the 55+ community in which he lived in his golf cart. In one quick moment Joe became hospitalized and his life changed. No longer able to handle his affairs or live alone safely the hospital case manager contacted Mr. Otis who met with Joe to find out what he needed and wanted to do. Joe recognized that he could not live alone and requested help from Mr. Otis who suggested that Joe move into a 5 star assisted living facility in Mesa. Mr. Otis took charge and made this happen for Joe coordinating the move, supervising all aspects of the life change that Joe was suddenly pushed into. Joe continued to live out his life playing cards with his friend and topped off with frequent visits to a local casino.

Otis Fiduciary and Guardianship

Call Direct - No Cost Consultation 480-491-6442

Frequently Asked Questions

 

The list below represents common questions asked by our clients and some general answers to them. As your situation is unique we invite you to call direct free to schedule your no cost consultation.

 

What Exactly Does a Guardian Do?

When a person becomes incapacitated and is unable to manage their own affairs the Superior Court will appoint a Fiduciary to make all of the decisions that the individual is no longer able to make themselves. The Fiduciary will pay the bills, make certain that the individual is in a safe living environment, has proper medical treatment and do everything that the individual is no longer able to do themselves.

 

What Does a Conservator Do?

When a person lacks the capacity to make appropriate decisions as to their finances and assets the Superior Court will appoint a Fiduciary to manage the assets and make all decisions on behalf of the person that lacks capacity to do it themselves.

 

What are the Legal Mechanisms By Which a Guardian and Conservator May Be Appointed For My Parents?

The Fiduciary must petition the Court do be appointed either guardian or conservator. The Court will require a psychological evaluation of the person and will also appoint an Attorney to represent the rights of the individual. The Court will schedule a hearing to determine capacity of the person and order that the Fiduciary post a bond with the Court.

 

What is the Regulation and Control Over the Duties of the Guardian and Conservator?

A Fiduciary must be licensed by the Supreme Court and post a bond with that Court. Additionally the Court requires that the Fiduciary provide the Court with an annual accounting of the person’s assets and the Court Auditor and Superior Court Judge will review all documentation submitted for accuracy.

 

If My Parents Need a Guardian or Conservator How Much is This Going To Cost and Who Will Pay For It?

Every case is different but in general the costs will be paid out of the individual’s estate unless the person is deemed to be indigent at which point the cost may be paid by the Court.

 

My Mother Owns a Home and Has a Significant Amount of Antiques. How Can I Protect Those Antiques For the Family?

This is one of the many reasons that people use a licensed and bonded Fiduciary. When a person loses the capacity to make appropriate decisions sometimes they will be susceptible to elder exploitation by neighbors and friends. The Fiduciary will secure the home and all of its contents. Locks will be changed and a complete inventory with photos will be done by the Fiduciary.

 

My Parents Are Having a Hard Time Paying Their Bills But Have a neighbor Helping Them. Should I Be Concerned About Financial Exploitation?

Yes! Elder financial exploitation is running rampant in our society.

 

My Parents Live In a Home But I Do Not Feel That They Are Safe. How Can You Help Me?

This is a very complex question and depends on the situation. You may call me for a free consultation and I will be happy to discuss your situation.