PFAC Pre Licensing Education Program Curriculum

Curriculum

INTRODUCTION

Originally Presented November 14, 2019
1.0 Pre Licensing Education Credits
Instructor: Jeffrey Marvan, Esq. – MarvanLaw A.P.C.

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.

4.0 Pre Licensing Education Credits
Instructors: Various

This course is offered directly through the National Guardianship Association.

This series is geared toward people who are new to the field of guardianship. The series contains four one-hour modules, each taught by an approved educator. It is a basic course for people who want to learn the fundamentals of good guardianship. Continuing Education Credits: Each individual module will last for 60 minutes, and is eligible for one hour of continuing education credit from the Center for Guardianship Certification.

  • Fundamentals Module 1: The Basics
  • Fundamentals Module 2: Guardian of the Person
  • Fundamentals Module 3: Guardian of the Estate
  • Fundamentals Module 4: Rights and Alternatives

CONSERVATORSHIP/POWER OF ATTORNEY

1.5 Pre Licensing Education Credits
Instructor: Dr. Teo Ernst, Ph.D.

Unpredictable, irrational, and impulsive behaviors from clients lead to significant practical challenges in fiduciary practice. The consequences often include fiduciary burnout, increased liability, and hours spent on non-billable client management tasks. This presentation offers psychological explanations for understanding problematic client behaviors including unrealistic expectations, oscillating between loving and hating one’s fiduciary, difficulty comprehending complex legal issues, and an inability to follow directions at critical moments. By drawing on the psychological literature on personality, neuropsychological functioning and relationship patterns, this presentation will review well informed strategies to manage challenging client interactions and effectively screen potential clients.

1.0 Pre Licensing Education Credits
Instructor: Donna Bogdanovich, CLPF – Bogdanovich Murry Professional Fiduciaries

This presentation will review what Bipolar, Psychotic and Depressive disorders are and what behaviors are present when dealing with these disorders. In addition, coping skills will be discussed to enable the fiduciary to be better able to work with someone who has these disorders.

1.0 Pre Licensing Education Credits
Instructor: Leslie Sugai, Esq. – Sugai & Sudweeks

Many of your clients may need additional help beyond what their resources can provide. It is the job of the private professional fiduciary to “Look for the Bare Necessities, the Simple Bare Necessities” and ensure that all available benefits are being received.

Many cases where fiduciaries are involved have significant or adequate resources. Some cases are “cash-poor” with the main asset consisting of a house. In these cases, or in situations where liquid funds have been depleted on care costs, many fiduciaries have clients where additional resources are not only needed but are critical. It is important to know and understand these various public benefit programs, so you can identify when they may be useful for your clients.

This session will provide a comprehensive overview of the Medicare, Social Security Programs (SSI), Medi-Cal (including IHSS) and VA programs so you can identify what programs may be needed and useful for your clients.

This section is broken into four parts.

  • Taking Control of Assets
  • Inventory, Management and Sale
  • Real Estate Assets
  • Difficult Assets

5.0 Pre Licensing Education Credits

TRUST

1.0 Pre Licensing Education Credits
Instructor: Monica Goel, Esq. – TLD Law

The presentation covers the three-stage process of trust administration: 1) Notification and marshaling assets, 2) Inventory and appraisal, 3) Allocation or distribution.

Understand the duties and responsibilities in being the successor trustee.

3.0 Pre Licensing Education Credits

Instructor: Kevin Urbatsch, Esq | 5.0 CEU

Administering a Special Needs Trust is one of the best services a professional fiduciary can provide. Doing a great job helps to enhance the quality of life of persons with disabilities and it is the type of service that professionals do better than non-professionals. This pre-conference intensive will assist the private professional fiduciary become a better SNT trustee by providing education and guidance on some of the most challenging duties an SNT trustee will face including creating a spending plan given available assets and lifetime care needs, understanding the do’s and don’ts of making appropriate SNT disbursements so that each is made with an understanding of the effect on public benefits, and tips in managing difficult beneficiaries and their families. This panel includes an experienced private professional fiduciary, special needs planning attorney, special needs planning financial advisor, and lifetime care manager to provide the best overview of these challenging tasks.

PROFESSIONAL PRACTICE

1.0 Pre Licensing Education Credits
Instructor: Russ Marshall, NMG, CLPF – Marshall Fiduciary Services

Attendees will learn ethical considerations is creating a schedule of fees, NGA Standards of Practice related to billing, California Rules of Court for Trustees and Conservators with criteria to be considered in determining reasonable fees.

1.0 Pre Licensing Education Credits
Instructors: Hon. Judge Maria Stratton; Yevgeny Belous, Esq.

Fiduciaries need to do everything possible to minimize risk. Acting as someone’s “fiduciary” is a serious undertaking. Each situation has different considerations and challenges. Further, a professional fiduciary is held to a higher standard than a family member or non-professional.

It is impossible to cover all the things you need to do to protect yourself from liability, but this presentation will cover important items for professional fiduciaries to think about to protect themselves from liability.

ETHICS

1.0 Pre Licensing Education Credits
Instructors: Frank Acuña, Esq.; Tracy Regli, Esq.

Are you aware of the situations which create conflicts of interest? Can you clearly identify who is the client, and to whom you owe fiduciary duties, including the duty of confidentiality? What about attorneys who refer you cases and who may owe duties to you and to others? This is the course for identifying and handling conflicts of interest and avoiding lawsuits! We will examine common conflict of interest situations and how to resolve them (including conflicts of interest created by your attorney!). We will also provide checklists for fiduciaries to use when they first take cases to determine whether they are safe from actual or potential conflicts of interest.

1.0 Pre Licensing Education Credits
Instructor: Monica Goel, Esq.

This lesson focuses on the ethical challenges facing fiduciaries in the estate and trust practice. It provides case examples on how to avoid breaches of fiduciary duty and protect yourself from liability.

2.0 Pre Licensing Education Credits
Instructor: Viki Kind, M.A.

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 interview, how diversity within and across cultures affects decision making, and how our own perspective may be influencing our practice.

FINANCIAL MANAGEMENT / ACCOUNTINGS

1.5 Pre Licensing Education Credits

Instructor: Martin Harris | 1.5 CEU

Court Accountings are easy! Yes, that’s right. That’s what you’ll come out of this dynamic and informative session realizing. Part 1 is a quick review of the basics: banking basics; how best to keep the records you’ll need (particularly real estate-related transactions); reconciling bank (and brokerage?) statements; software; basic nuts & bolts of accountings; and what you need to plan ahead for. Part 2 will focus on more complex aspects of accountings such as securities, and brokerage accounts for example. Wouldn’t it be nice to have one less area to worry about? (Particularly since you and your attorney may not get paid until an accounting is filed with the court and approved!) Led by the Bay Area’s probate accounting expert.

1.5 Pre Licensing Education Credits
Instructor: Ted Ong | 1.5 CEU

This Course will discuss the fundamental financial management obligations of trustees and fiduciaries under the Uniform Prudent Investor Act. We will identify common ways these obligations may be compromised and how these issues may be remedied.

1.0 Pre Licensing Education Credits

Instructor: Scott MacDonald, Daniel Cutter, Donovan Filpi, Paul Bartschi, Craig Stone, Emily Vierra

This session describes the basics of investments for the professional fiduciary.

TOTAL CREDIT HOURS: 30