California Business and Professions Code 6533 – In order to meet the qualifications for licensure as a professional …
In order to meet the qualifications for licensure as a professional fiduciary a person shall meet all of the following requirements:
(a) Be at least 21 years of age.
Terms Used In California Business and Professions Code 6533
- Bureau: means the Professional Fiduciaries Bureau within the Department of Consumer Affairs, established pursuant to Section 6510. See California Business and Professions Code 6501
- Decedent: A deceased person.
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Professional fiduciary: means either of the following:
California Business and Professions Code 6501
- Trustee: A person or institution holding and administering property in trust.
(b) Have not committed any acts that are grounds for denial of a license under Section 480 or 6536.
(c) Submit fingerprint images as specified in Section 6533.5 in order to obtain criminal offender record information.
(d) Have completed the required prelicensing education described in Section 6538.
(e) Have passed the licensing examination administered by the bureau pursuant to Section 6539.
(f) Have at least one of the following:
(1) A baccalaureate degree of arts or sciences from a college or university accredited by a nationally recognized accrediting body of colleges and universities or a higher level of education.
(2) An associate of arts or sciences degree from a college or university accredited by a nationally recognized accrediting body of colleges and universities, and at least three years of experience with either of the following substantive fiduciary responsibilities:
(A) Serving as a conservator of a person, estate, or person and estate, a guardian of a person, estate, or person and estate, a trustee, an agent under a durable power of attorney for health care, an agent under a durable power of attorney for finances, or a personal representative of a decedent‘s estate, as specified in Section 6501.
(B) Working for a professional fiduciary, a public agency, or a financial institution acting as a conservator of a person, estate, or person and estate, a guardian of a person, estate, or person and estate, a trustee, an agent under a durable power of attorney for health care, an agent under a durable power of attorney for finances, or a personal representative of a decedent’s estate, as specified in Section 6501.
(3) At least five years of experience with either of the following substantive fiduciary responsibilities:
(A) Serving as a conservator of a person, estate, or person and estate, a guardian of a person, estate, or person and estate, a trustee, an agent under a durable power of attorney for health care, an agent under a durable power of attorney for finances, or a personal representative of a decedent’s estate, as specified in Section 6501.
(B) Working for a professional fiduciary, a public agency, or a financial institution acting as a conservator of a person, estate, or person and estate, a guardian of a person, estate, or person and estate, a trustee, an agent under a durable power of attorney for health care, an agent under a durable power of attorney for finances, or a personal representative of a decedent’s estate, as specified in Section 6501.
(g) Agree to adhere to the Professional Fiduciaries Code of Ethics and to all statutes and regulations.
(h) Consent to the bureau conducting a credit check on the applicant.
(i) File a completed application for licensure with the bureau on a form provided by the bureau and signed by the applicant under penalty of perjury.
(j) Submit with the license application a nonrefundable application fee, as specified in this chapter.
(Amended by Stats. 2021, Ch. 188, Sec. 4. (SB 826) Effective January 1, 2022.)