What is a fiduciary?
A fiduciary is someone who has undertaken to act for and on the behalf of another in a particular matter or circumstances which give rise to a relationship or trust and confidence. Fiduciaries advocate on behalf of their clients to ensure that their best interests are represented and their assets are protected.
When should I consider a Fiduciary?
Many people choose not to burden their family members with the task of administrating their trust or estates. It is an emotional time for grieving family members and the administration can be overwhelming, time consuming and difficult to manage if they are not local or in state. Adults or children with special needs can also benefit from using a fiduciary. Professional fiduciaries are regulated by the state of CA and held to stringent professional standards. We must maintain an insurance policy to prevent losses from negligence and in some circumstances, we are required to be bonded.
Where can I find a fiduciary?
PFAC website, Estate planning attorneys, Financial advisors, and CA Professional Fiduciaries Bureau.
What services do you provide?
• Estate Administrator
• Guardian Ad Litem
What is elder abuse?
An “elder” is someone over the age of 59, according to the California Penal Code.
Financial Abuse: If an elderly person can no longer manage their finances and another person takes over control against the elder’s will, using the elder’s finances and assets for their own purposes, this is elder financial abuse.
Physical Abuse: If an elderly person is intimidated, pushed, grabbed, beaten or assaulted physically or emotionally, this is physical elder abuse.
Each category is punishable by imprisonment and fines.
Where do your clients come from?
They come from a myriad of sources including estate attorneys, church members, accountants, friends, Adult Protective Services, the Public Guardian, etc.
Will you come to my home?
My staff and I prefer to meet with you in your home so you feel comfortable, relaxed and free to express yourself.
Do you serve only the elderly?
Our clients range in age from 8 to 99. Children who have lost a parent and are involved in court actions or people of any age who are found to be incapacitated may need the services of a person who represents their interest exclusively. In this position a Guardian Ad Litem speaks for them in any court action.
What if my family is taking advantage of me?
Unfortunately, elder abuse is very frequently committed by family members. We intervene to mediate and, where possible, work to resolve what issues are causing problems.
What do you charge?
Our fees are based on the value of the assets under our management on an annual basis, it is a percentage based on industry standards. IRAs and 401Ks are normally not included in Trusts so those amounts are not included in our fee base. According to the Professional Fiduciary Association of California (PFAC), “In most court-supervised cases, the Probate Court approves reasonable fees. In non-court supervised cases, the fees may be addressed in the estate planning documents.”