Fiduciary License: Frequently Asked Questions & Answers
Article Courtesy of PFAC Website
PROFESSIONAL FIDUCIARIES BUREAU
GENERAL INFORMATION
Q. Who is the Professional Fiduciaries Bureau?
A. The Professional Fiduciaries Bureau is a state agency created by the Legislature in 2006 to license and regulate private fiduciaries, including specified conservators, guardians, trustees, and agents under a durable power of attorney for health care and finances.
Q. Who needs a Professional Fiduciary?
A. A person who needs help managing their personal finances or healthcare matters may hire a Professional Fiduciary to assist.
Q. When is licensing required for Professional Fiduciaries?
A. All mandated Professional Fiduciaries must be licensed by January 1, 2009, but between July 1, 2008 and December 31, 2008, a mandated Professional Fiduciary must be licensed to receive a new court appointment.
Q. Is there a separate license category for each type of fiduciary covered under the Professional Fiduciaries Act?
A. No. There is only one license category for all mandated Professional Fiduciaries.
QUESTIONS FOR CONSUMERS
Q. How do I verify the license of a California Professional Fiduciary?
A. The license of a California Professional Fiduciary will be verifiable on the Bureau’s website once the fiduciary becomes licensed.
Q. What if a licensed California Professional Fiduciary violates the law?
A. The Bureau can bring an enforcement action against a licensee who violates the law. Enforcement actions can result in fines, sanctions, and license suspensions or revocations. The Bureau may also refer suspected criminal cases to the Office of the Attorney General or to local district attorneys for criminal prosecution.
Q. What if a mandated Professional Fiduciary is practicing without a license?
A. It is a violation of the Bureau’s laws to practice without a license and it is a crime subject to criminal prosecution.
Q. How do I file a complaint against a licensed California Professional Fiduciary?
A. You may contact the Bureau or visit the Bureau’s website to obtain details on how to file a complaint against a licensee.
