SB 1024

Bill Subjects

Abstract

(1) The Guardianship-Conservatorship Law generally establishes the standards and procedures for the appointment and termination of an appointment for a guardian or conservator of a person, an estate, or both. Existing law provides for the appointment of a professional fiduciary to manage an estate or trust or administer a guardianship or conservatorship. Existing law authorizes the conservator of the estate of a disabled attorney to petition for the appointment of an active member of the State Bar of California to take control of the files and assets of the practice of the disabled member. Existing law also authorizes the personal representative of the estate of a deceased attorney who was engaged in a practice of law at the time of the attorney's death or other person interested in the estate to petition for appointment of an active member of the State Bar of California to take control of the files and assets of the practice of the deceased member. This bill similarly would authorize specified parties, commencing January 1, 2024, to petition for the appointment of a professional fiduciary practice administrator, as defined, to act as a temporary professional fiduciary when a professional fiduciary either becomes incapacitated or dies and a vacancy exists, as defined. The bill would require notice of the hearing on the petition for appointment of a professional fiduciary practice administrator as temporary successor to be given to all persons entitled to notice in each of the matters that are the subject of the petition, as specified. The bill would authorize the court to appoint the professional fiduciary practice administrator, as prescribed, and to require the professional fiduciary practice administrator to file a surety bond in each matter in which they are appointed temporary successor. The bill would require the appointment of the professional fiduciary practice administrator to terminate, in each of the matters on which the professional fiduciary practice administrator was appointed as a temporary successor, 45 days after the entry of the order appointing the professional fiduciary practice administrator, except as specified. The bill would set forth compensation requirements for the professional fiduciary practice administrator. The bill would also require the professional fiduciary practice administrator to provide written notice to all interested parties to advise those parties of the necessity and process for the appointment of a permanent successor, as specified. The bill would authorize the court to extend any of the time periods prescribed in the bill if the court determines that good cause exists, and that the extension is in the best interest of the minor, the conservatee, the decedent's estate, or the current income beneficiaries under a trust, as applicable. The bill would specify that the bill does not limit the authority granted to a court to remove or replace a guardian or conservator, personal representative, or trustee in accordance with specified provisions. The bill would require the Judicial Council to create or revise any forms or rules necessary to implement its provisions, no later than January 1, 2024. (2) Existing law, until January 1, 2024, establishes the Professional Fiduciaries Bureau within the Department of Consumer Affairs, and requires the bureau to license and regulate professional fiduciaries, as defined. Existing law requires the bureau to maintain specified information in a licensed professional fiduciary's file and requires a licensee to annually file a statement with the bureau, under penalty of perjury, that contains specified information, including whether the licensee has been removed for cause as a conservator, guardian, trustee, personal representative, agent under durable power of attorney for health care, or agent under a durable power of attorney for finances. This bill would expand the definition of "professional fiduciary" to make these provisions applicable to professional fiduciary practice administrators, including the requirement to annually report under penalty of perjury. The bill would require a licensee to disclose, and the bureau to maintain in the licensee's record, whether the licensee has ever been removed for cause from a position arising from an appointment as a professional fiduciary practice administrator. By expanding the crime of perjury, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Sections 6534 and 6561 of the Business and Professions Code proposed by SB 1495 to be operative only if this bill and SB 1495 are enacted and this bill is enacted last. 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.