What is a Professional Fiduciary?
Professional Fiduciaries are entrusted to provide financial and healthcare options that ensure their client’s dignity and peace of mind. They provide the experience, resources and knowledge to oversee services like paying bills, legal, investment management, medical care, housing, and nutrition, among other things.
Professional Fiduciaries are licensed and regulated by the State of California and must follow a strict code of ethics. One must take courses required by the licensing bureau, pass a lengthy exam, attend continuing education, have a clean background check and be bondable. Additionally, they are strictly bound by the California Probate Code and ultimately answer to the Court even if the matter is not court supervised. Professional Fiduciaries are ultimately responsible for the actions of anyone they hire to assist with managing a client’s needs such as investment companies or realtors. The Professional Fiduciary may be surcharged by the court for client losses resulting from improper management.
For more information see the Professional Fiduciaries of CA FREQUENTLY ASKED QUESTIONS ABOUT PROFESSIONAL FIDUCIARIES or the Professional Fiduciaries Bureau Guide for Consumers
What are a Professional Fiduciary Core Duties?
Confidentiality
Hold the client, trust and beneficiary matters in confidence
Impartiality
Treat all beneficiaries equally
Loyalty
Administer solely in the beneficiaries best interest, while respecting their cultural, social, and religious values
Care
Use reasonable care, skill, and prudence in all decision making. Avoid conflicts of interests
Prudence
Invest as a prudent investor would, according to the “Prudent Investor Rule” defined in Probate code § 16045
Administer the Instrument
Administer the trust according to its terms
Preserve & Protect
Preserve and protect trust and estate property
Inform & Account
Keep beneficiaries informed; provide accountings annually or as required by law
For more information and links to the complete CA code governing fiduciaries, got to the CA Professional Fiduciaries Bureau Website