SB 1024 — Replacement of an incapacitated or deceased professional fiduciary.

Summary

(1) The Guardianship-Conservatorship Law generally establishes the standards and procedures for the appointment and termination of an appointment for a guardian or conservator of a person, an estate, or both. Existing law provides for the appointment of a professional fiduciary to manage an estate or trust or administer a guardianship or conservatorship. Existing law authorizes the conservator of the estate of a disabled attorney to petition for the appointment of an active member of the State Bar of California to take control of the files and assets of the practice of the disabled member. Existing law also authorizes the personal representative of the estate of a deceased attorney who was engaged in a practice of law at the time of the attorney's death or other person interested in the estate to petition for appointment of an active member of the State Bar of California to take control of the files and assets of the practice of the deceased member. This bill similarly would authorize specified parties, commencing January 1, 2024, to petition for the appointment of a professional fiduciary practice administrator, as defined, to act as a temporary professional fiduciary when a professional fiduciary either becomes incapacitated or dies and a vacancy exists, as defined. The bill would require notice of the hearing on the petition for appointment of a professional fiduciary practice administrator as temporary successor to be given to all persons entitled to notice in each of the matters that are the subject of the petition, as specified. The bill would authorize the court to appoint the professional fiduciary practice administrator, as prescribed, and to require the professional fiduciary practice administrator to file a surety bond in each matter in which they are appointed temporary successor. The bill would require the appointment of the professional fiduciary practice administrator to terminate, in each of the matters on which the professional fiduciary practice administrator was appointed as a temporary successor, 45 days after the entry of the order appointing the professional fiduciary practice administrator, except as specified. The bill would set forth compensation requirements for the professional fiduciary practice administrator. The bill would also require the professional fiduciary practice administrator to provide written notice to all interested parties to advise those parties of the necessity and process for the appointment of a permanent successor, as specified. The bill would authorize the court to extend any of the time periods prescribed in the bill if the court determines that good cause exists, and that the extension is in the best interest of the minor, the conservatee, the decedent's estate, or the current income beneficiaries under a trust, as applicable. The bill would specify that the bill does not limit the authority granted to a court to remove or replace a guardian or conservator, personal representative, or trustee in accordance with specified provisions. The bill would require the Judicial Council to create or revise any forms or rules necessary to implement its provisions, no later than January 1, 2024. (2) Existing law, until January 1, 2024, establishes the Professional Fiduciaries Bureau within the Department of Consumer Affairs, and requires the bureau to license and regulate professional fiduciaries, as defined. Existing law requires the bureau to maintain specified information in a licensed professional fiduciary's file and requires a licensee to annually file a statement with the bureau, under penalty of perjury, that contains specified information, including whether the licensee has been removed for cause as a conservator, guardian, trustee, personal representative, agent under durable power of attorney for health care, or agent under a durable power of attorney for finances. This bill would expand the definition of "professional fiduciary" to make these provisions applicable to professional fiduciary practice administrators, including the requirement to annually report under penalty of perjury. The bill would require a licensee to disclose, and the bureau to maintain in the licensee's record, whether the licensee has ever been removed for cause from a position arising from an appointment as a professional fiduciary practice administrator. By expanding the crime of perjury, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Sections 6534 and 6561 of the Business and Professions Code proposed by SB 1495 to be operative only if this bill and SB 1495 are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 09/27/22 - Chaptered Current pdf September 27, 2022
• Enrolled 09/09/22 - Enrolled pdf September 09, 2022
• Amended 08/29/22 - Amended Assembly pdf August 29, 2022
• Amended 08/24/22 - Amended Assembly pdf August 24, 2022
• Amended 06/06/22 - Amended Assembly pdf June 06, 2022
• Amended 04/25/22 - Amended Senate pdf April 25, 2022
• Amended 03/02/22 - Amended Senate pdf March 02, 2022
• Introduced 02/15/22 - Introduced pdf February 15, 2022
• SB1024 View text html

Action History

1. September 27, 2022

   Chaptered by Secretary of State. Chapter 612, Statutes of 2022.

2. September 27, 2022

   Approved by the Governor.

3. September 13, 2022

   Enrolled and presented to the Governor at 3 p.m.

4. August 31, 2022

   Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5373.) Ordered to engrossing and enrolling.

5. August 30, 2022

   In Senate. Concurrence in Assembly amendments pending.

6. August 30, 2022

   Read third time. Passed. Ordered to the Senate.

7. August 29, 2022

   Ordered to third reading.

8. August 29, 2022

   Read third time and amended.

9. August 24, 2022

   Ordered to third reading.

10. August 24, 2022

    Read third time and amended.

11. August 18, 2022

    Ordered to third reading.

12. August 18, 2022

    Action rescinded whereby the bill was read a third time, passed, and ordered to the Senate.

13. August 15, 2022

    In Assembly. Held at Desk.

14. August 15, 2022

    Ordered to the Assembly.

15. August 11, 2022

    In Senate. Concurrence in Assembly amendments pending.

16. August 11, 2022

    Read third time. Passed. (Ayes 76. Noes 0. Page 5828.) Ordered to the Senate.

17. August 04, 2022

    Read second time. Ordered to consent calendar.

18. August 03, 2022

    From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 3).

19. June 09, 2022

    Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

20. June 09, 2022

    Read second time. Ordered to consent calendar.

21. June 08, 2022

    From committee: Do pass. Ordered to consent calendar. (Ayes 10. Noes 0.) (June 8).

22. June 06, 2022

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

23. May 19, 2022

    Referred to Com. on JUD.

24. May 12, 2022

    In Assembly. Read first time. Held at Desk.

25. May 12, 2022

    Read third time. Passed. (Ayes 35. Noes 0. Page 3670.) Ordered to the Assembly.

26. May 05, 2022

    Read second time. Ordered to consent calendar.

27. May 04, 2022

    From committee: Do pass. Ordered to consent calendar. (Ayes 11. Noes 0. Page 3595.) (May 3).

28. April 25, 2022

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

29. April 14, 2022

    Set for hearing May 3.

30. March 09, 2022

    Re-referred to Com. on JUD.

31. March 02, 2022

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

32. February 23, 2022

    Referred to Com. on RLS.

33. February 16, 2022

    From printer.

34. February 15, 2022

    Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.

35. February 15, 2022

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Brian W. Jones · Primary

Votes

Subjects