Code of Conduct

A fiduciary must always put the interests of the beneficiaries of a trust, or the conservatee of a conservatorship, over the interests of any other party, including his or her own. As professional fiduciaries licensed by the State of California, we are held to the Code of Ethics set forth in Title 16, Division 41, Article 4 of the California Code of Regulations, and as members of the Professional Fiduciary Association of California ("PFAC"), we also abide by its Code of Conduct. The full text of the Code of Ethics is available through the California Professional Fiduciaries Bureau at fiduciary.ca.gov.

Together, these standards recognize that the trustee or conservator holds a special position of trust, and the highest standards of integrity must be set and followed. Our clients are entitled to competent professional services rendered in a fair and respectful manner. We act to protect the estate and preserve confidentiality, and we avoid all conflicts of interest, as well as the appearance of a conflict of interest.

Our Standard of Care

Recognizing that the care of the client is a prime responsibility, we provide services with respect for the dignity and uniqueness of each client. We do not engage in any form of discrimination on the basis of race, color, sex, sexual orientation, age, religion, national origin, or any other condition or status. Acting as an advocate in safeguarding the client's civil and legal rights, we make decisions that maximize and protect the rights of the client and allow for maximum independence and self-reliance. We manifest personal integrity, assume responsibility and accountability for our judgments, and maintain an attitude of fairness, honesty, respect, courtesy, and good faith in all professional relationships. We cooperate with colleagues to promote ethical and competent professional performance, and we continually seek to maintain and grow our professional competence.

General Principles · § 4470

• Comply with all laws as a minimum in the fulfillment of fiduciary duties.
• Protect all rights of the consumer.
• Refrain from representing the consumer outside the scope of legal authority.
• Seek competent, professional advice when appropriate.
• Provide or arrange appropriate and reasonable services.

Decision Making · § 4472

• Provide the consumer with a reasonable opportunity to make choices.
• Ascertain the consumer's desires when making decisions.
• Make decisions in the best interest of the consumer.
• Consider the ethnic, religious, social, and cultural values of the consumer.

Confidentiality · § 4474

• Do not disclose the consumer's personal information unless required by law.
• Limit disclosure to what is lawful, necessary, and relevant.

Conflict of Interest · § 4476

• Avoid actual conflicts of interest or the appearance of a conflict of interest.
• Do not engage in self-serving acts.
• Protect the consumer and estate against infringement by third parties.

Residential Placement · § 4478

• Consider all options and alternatives.
• Consider the desires of the consumer.
• Select the least restrictive and appropriate residence that meets the consumer's needs.
• Do not remove the consumer from their home or separate them from family and friends unless in their best interest.
• Seek professional evaluations and assessments when appropriate.
• Monitor placement and make changes, if necessary, that are in the consumer's best interest.
• Protect the consumer from financial and physical harm or abuse.

Care, Treatment and Services · § 4480

• Protect the personal and financial interests of the consumer.
• Consider the desires of the consumer.
• Make decisions in the best interest of the consumer.
• Be aware of your own limitations and seek professional evaluations and assessments.
• Monitor care, treatment, and services and make changes, if necessary, that are in the consumer's best interest.

Management of the Estate · § 4482

• Protect assets of the estate.
• Pursue claims against others.
• Defend against actions or claims against the estate.
• Incur appropriate expenses.
• Manage assets of the estate in the best interest of the consumer.
• Manage the estate with prudence, care, and judgment, and maintain detailed records.

Restoration of Capacity and Termination of the Relationship · § 4484

• Do not oppose limitations on powers or authority to act, the elimination of unnecessary or no-longer-necessary powers, or the termination of proceedings and restoration of the conservatee's legal capacity, and where necessary, seek these actions. Take all reasonable steps to facilitate the termination of the fiduciary relationship, when appropriate.
• Do not oppose or interfere with efforts to terminate the fiduciary or consumer relationship, other than when necessary or appropriate.

This Code of Conduct incorporates and summarizes the Professional Fiduciaries Bureau's Code of Ethics (California Code of Regulations, Title 16, Division 41, Article 4, Sections 4470–4484) and the Code of Conduct of the Professional Fiduciary Association of California (©2014 Professional Fiduciary Association of California. All Rights Reserved.).