MCLE Archives - Page 5 of 7 - Professional Fiduciary Association of California

The Law, Ethics, And Practicalities Of The Private Professional Fiduciary As Petitioner

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 […]

Insurance Coverage: Dropping the Ball

Risk Transfer and Unrealized Expectations from Insurance Coverage for Trust Owned Real Estate.

How To Work With Attorneys In Contested Matters PART 2

In Part 2 of this two-part topic, the panel will address working with all the other attorneys in contested matters (besides your own attorney). The panelists will begin by discussing the role of the various attorneys for a proposed conservatee: court-appointed counsel, guardian ad litem, and private counsel. Also discussed will be tips and strategies […]

How To Work With Attorneys In Contested Matters PART 1

In Part 1 of this two-part topic, the panel will address choosing, hiring, and managing your own attorney as a fiduciary in a contested matter. Typically, attorney’s fees are the largest expense born by any trust. How does the fiduciary manage this large expense item for the trust? And what duties does your attorney owe […]

Here Today, Gone Tomorrow: A Fiduciary’s Guide To Attorney-Client Privilege

Fiduciaries of all experience levels often have a less-than-clear understanding of when attorney-client privilege protects them and when it does not. The attorney-client privilege rules as applied in the fiduciary context are exceedingly complex, and one accidental misstep can expose your private communications to the world (or, more ominously, to a contentious beneficiary or dissatisfied […]

Generally Speaking About Conservatorships, Probates, Trusts, Powers of Attorney and Guardianships

This course describes the cast of characters involved in each of these matters and the interrelation between trusts, probates, powers of attorney, conservatorships, and guardianships.

Financial Elder Abuse, What’s Involved and Is It Worth the Time and Expense?

Financial elder abuse unfortunately is all too common. The professional fiduciary appointed by the court as conservator or trustee, in many cases, is in the best position to rectify the abuses suffered by an elderly person. Therefore it’s important that the fiduciary be able to identify the various means by which financial elder abuse occurs. […]

Fiduciary Succession Planning- Fact or Fiction

Two Probate Litigators Look at Private Fiduciaries and Fiduciary Succession.

Fiduciary Neutrality: When to Join the Fight. The Ethics, Law and Practice of Neutrality – Part I

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 […]

Examining The Role Of A Professional Fiduciary In Challenges To Mom And Dad’s Wishes Before They Die

When financial and healthcare decisions lead to conflict between and among elderly parents and their children, the decision to initiate ligation is often fraught with risk. Fractured families, costly attorneys’ fees, ethical considerations and the potential for a disinherited litigant must be weighed against the potential benefits of initiating litigation during a parent’s lifetime, particularly […]

Course Credit Type: MCLE

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