PROFESSIONAL FIDUCIARY ASSOCIATION OF CALIFORNIA
Education, Advocacy and Advancement for Professional Fiduciaries
“For every wrong there is a remedy” When a conservatee or beneficiary asserts a legal claim against a fiduciary, it will be based on a wrong they have purportedly suffered. The court’s analysis of that claim will always involve certain steps: What duties, if any, does the fiduciary owe to the complaining person? Was there a breach of any of those duties? What is the consequence for the breach? We will review the fundamental duties that a fiduciary generally owes; discuss the specific duties that are owed by conservators, personal representatives and trustees; and discuss the consequence — legal and professional — for breaching those duties. We will also discuss and offer practical solutions for avoiding liability.