In 2006 the State of California enacted the Fiduciaries Act, which was meant to protect consumers from financial fraud, and abuse, by California Fiduciaries. A Fiduciaries Bureau was opened and Fiduciaries had to register, take classes, and become licensed by the Fiduciaries Bureau, a Division of the Calif. Dept. of Consumer Affairs. However, since 2006, Private Fiduciaries in California have been conducting a "Feeding Frenzy" with regards to fees charged to their elderly client's estates, assets, etc., see Calif. 6th Cir. Court of Appeals recent decision. Furthermore, Norine Boehmer, president of the Professional Fiduciary Association of California is against the reduction of fees for fiduciary's whom belong to her for profit organization.
Therefore, to to protect the consumer from further financial abuse by California licensed Private Fiduciaries, we urge State Senator Noreen Evans to submit legislation placing a cap on all licensed fiduciary fees in the State of California.
Source:
SIGN Petition: Urge Calif. Sen. Noreen Evans to CAP California Probate Fees
12 comments:
This is an opportunity for the people of California to be heard!!!
Capping fees is a good start!
I hope they get alot of signatures.
Capping fees is a great start, Donna. But, remember they find a way to make it up and the best way to do that is awarding fees for "exceptional services." That gives judges the opportunity to say all fiduciaries are giving exceptional services.
Public outrage is what does it and this is a way for the public to send its outrage all the way to the Senator!
Exorbitant fiduciary fees are just the tip of the iceberg. Please also address the practice of private conservators and public guardians imprisoning and isolating conservatees. This practice is common throughout the state. There is no remedy at law.
My mother (Carol Hahn) was isolated for over a year. She is still imprisoned and denied medical care. Cops tell me this is a civil matter. The DA said, “There is nothing out of the ordinary.” The probate court ruled that I do not have standing to sue until my mom dies.
Gisela Riordan was imprisoned and isolated for over two years. Lille Sclaia was imprisoned and isolated for over a year. Maria Jordanou was imprisoned and isolated for her last month of life. She died believing that her family had abandoned her.
There nust be a cap on fees because no one is doing anything about the profiteers who, instead of conserving assets, are spending them as fast as they can - on themselves!
One of the ugliest and most painfuil parts of unlawful and abusive guardianships is the isolation and brainwashing.
That must be brought to an end.
If the courts won't, the legislators must!
The public doesn't get upset about this terrible abuse to our elderly until it happens to them. Then it is too late. As children you will lose your inheritance. Your parent may be isolated and die alone. We need public outrage now!
If capping fees is accomplished, then that's just one small step toward reform. But, it's a step and we'll celebrate that!
Cap is a good beginning, but only a beginning.
Think they'll do it? I doubt it but a petition sends a very strong message and sooner or later, they're going to have to reply!
How high is the cap and is the cap on hourly fees or total annual fees? It's pretty easy to pad invoiced hours, and it's also easy to hire all kinds of 'help' to drum up more fees. What about costs? if the guardian always goes for the expensive choice (you know, the one with all the kickbacks), fees can mount up to unreasonable levels even if the hourly fees are capped.
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