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GramaJo Asked October 2021

Must a fiduciary of a million dollar estate agree to spend money to repairs that affect my sister's safety?

Reluctant and combative and uncooperative with repair people. We only ask for the safety and well being that she would have attended to if she were capable of decisions requiring repairs etc.

AlvaDeer Oct 2021
I don't understand who is reluctant and combative? Would this be the person who is in the care of a fiduciary? Yes, a Fiduciary is legally responsible for the safety of the person being cared for. What that consists of is generally in the hands of the fiduciary. If you feel there is a danger present that the Fiduciary is not aware of please inform him or her by mail and request a response. If you have no response and believe that the physical or mental well being of the person being cared for is at risk call APS and ask that an investigation be opened.

GardenArtist Oct 2021
Some questions to clarify the issues:

1.   The Fiduciary is of an estate, but your sister is still living.  Is this Fiduciary also a conservator, or in what capacity is he/she serving?  Pursuant to what documents?  Chosen or court appointed, and if the latter, for what purposes generally?   I.e., house maintenance, or physical health care?

2.   What do the enabling documents establish as the Fiduciary's responsibility?

3.   Who chose this particular Fiduciary?

4.    What are the steps for replacing this Fiduciary?

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