President's Message
by Richard Lambie

At its January meeting, the Board approved the Association’s budget for 2004. Among the significant projects that are part of the budget are Education in the form of our California certification test, legislative projects focused on ensuring that PFAC has input on all significant bills that affect our members, our executive office, and the two educational conferences. During the budget discussion, the Board also received financial information for 2003. PFAC received income from dues, sponsors and contributors of approximately $255,000. Expenditures covering the conferences, newsletter, administration, and management totaled $235,431.

Many members have asked what response was issued to the AARP article that covered two of our members. The Board determined that the most appropriate response was to actively commend the magazine for stressing the need for all elders to plan ahead and clearly nominate those that they wish to handle their health care decisions and financial arrangements in the event of a disability.

An ongoing concern of PFAC members is their compensation, particularly in Court supervised cases. We strongly support appropriate fees for our members. Both case law and the Probate Code detail how fees should be requested and how the Court can authorize payment. Both established fiduciaries and new members should examine the guidelines set out in the California Rules of Court Title Seven Chapter 15 (www.courtinfo.ca.gov/
rules/titleseven/), the Probate Code (http://www.leginfo.ca.gov/) and any local County Court rules that may apply. In all applications to the Court for fees, detailed reference should be made to the eight categories set out in the case of Nazro that are repeated in the California Rules of Court Title Seven Chapter 15 Rule 7.756. The resume of the fiduciary should be attached as well as details of the background and experience of any staff, associates or assistants that the fiduciary has as part of his or her team. The narrative covering the tasks performed and the petition prepared by the attorney should contain references to the education of the PFAC member and ongoing education that is available from Cal State Fullerton, the NGA, our conferences, the PFAC regional meetings, and any other appropriate sources.

All of our members are responsible for ensuring that our profession is held to the highest ethical and professional standards. It is from these standards that all fiduciaries will receive the respect and compensation deserved.