AB 3144: Professional Fiduciaries Bureau.

Existing law, until January 1, 2019, establishes the Professional Fiduciaries Bureau within the Department of Consumer Affairs, and requires the bureau to license and regulate professional fiduciaries. Existing law prescribes specified qualifications, including education and work experience, for licensure as a professional fiduciary. Existing law requires the licensee to initially, and annually thereafter, file with the bureau a statement under penalty of perjury as to whether, among other things, he or she has been removed for cause as a conservator, guardian, trustee, or personal representative. Existing law requires the bureau to maintain specified information in the licensees file, including whether the licensee has ever been removed for cause or resigned as a conservator, guardian, trustee, or personal representative and requires the bureau to make this information available to a court for any purpose. Existing law requires the bureau to investigate the actions of a professional fiduciary upon receipt of a complaint from any person.

This bill would extend the operation of the bureau to January 1, 2023. The bill would expand the work experience requirements to qualify for licensure as a professional fiduciary and would require a licensee to additionally include in his or her statement, filed under penalty of perjury, whether he or she has been removed for cause as an agent under a durable power of attorney for health care or as an agent under a durable power of attorney for finances. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.

This bill would also require the bureau to maintain in the licensees file, among other things, the licensees current principals under a durable power of attorney for healthcare or finances and whether the licensee has ever been removed for cause or resigned, as provided, as an agent under a durable power of attorney for health care or as an agent under a durable power of attorney for finances. The bill would prohibit a licensee, as specified, from billing a client, or imposing a fee on the estate or trust of a client, for responding to a complaint filed with the bureau against the licensee.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.