Ethical canons expressly require professional fiduciaries make decisions about “best interests” through the prism of their clients’ known ethnic, religious, social, and cultural values. Notably missing from this list is an oft-elided dynamic—many clients and their families are entrenched in dysfunction. How do you recognize and take into consideration the effect of this environment when […]
This presentation analyzes the legal guidelines and parameters of the Private Professional Fiduciary taking on the role as Petitioner in Conservatorship, Guardianship, Decedent Estates, and Trusts. In addition to the law, the discussion includes an analysis of the ethics rules applicable to fiduciaries and their attorneys when the fiduciary acts as the Petitioner. The law […]
A comprehensive presentation setting forth the financial standard of care for the various fiduciary roles of trustee, conservator, power of attorney, and administrator of decedent’s estate. The presentation addresses the ethical parameters that envelope each of these specific fiduciary duties. Throughout the presentation the panelists highlight useful practice pointers in regard to the practicalities of […]
The panelists will provide an in-depth analysis of the statutes and case law defining the fiduciary’s ethical duty of neutrality depending on the circumstances. The perception of neutrality of a professional fiduciary can be very important to the effectiveness of that fiduciary in solving contested in a case. The Honorable David J. Cowan, the Supervising […]
We have a unique profession in that we do not provide a one-time service but instead provide multiple services and care across the person’s lifetime. Our practice is enhanced when we have greater insight into and respect for the person’s culture, religion, gender, sexual orientation, ethnicity, etc. Attendees will learn how to do an ethnographic […]
Rattlesnakes are known to strike quickly, without warning, and cause fatal and near fatal injuries. For the unwary fiduciary, ethical mistakes can happen without warning and be fatal to their career. Using the California Fiduciary Code and the Best Standards for Pooled Trusts, this interactive presentation will look at the ways that a fiduciary can […]
We have a unique profession in that we do not provide a one-time service but instead provide multiple services and care across the person’s lifetime. Our practice is enhanced when we have greater insight into and respect for the person’s culture, religion, gender, sexual orientation, ethnicity, etc. Attendees will learn how to do an ethnographic […]
A presentation and conversation about a very difficult case that brings in every difficult aspect that conservators will ever have to deal with. This presentation will discuss a conservatorship of a young man who has severe medical and behavioral problems, his family who was not allowed to be his conservator but, insist they are the […]
The presentation will focus on the professional fiduciaries’ risks in representing clients who have diminished capacity, mental and/or physical limitations, or limited English-speaking skills in understanding what a “fiduciary duty” means in high-stress situations. This program will present illustrations of typical problems encountered by professional fiduciaries and provide risk management suggestions to avoid ethics complaints […]