California Business and Professions Code 6580 – (a) (1) The bureau may upon its own, and shall, upon the …
(a) (1) The bureau may upon its own, and shall, upon the receipt of a complaint from any person, investigate the actions of a professional fiduciary, including a person with a license that either restricts or prohibits the practice of that person as a professional fiduciary, including, but not limited to, a license that is retired, inactive, canceled, or suspended.
(2) The bureau shall investigate a professional fiduciary’s alleged violation of statute, regulation, or the Professional Fiduciaries Code of Ethics and any other complaint referred to it by the public, a public agency, or the department, and shall impose sanctions upon a finding that the professional fiduciary did any of the following:
Terms Used In California Business and Professions Code 6580
- Allegation: something that someone says happened.
- Bureau: means the Professional Fiduciaries Bureau within the Department of Consumer Affairs, established pursuant to Section 6510. See California Business and Professions Code 6501
- Client: means an individual who is served by a professional fiduciary. See California Business and Professions Code 6501
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Consumer Affairs. See California Business and Professions Code 6501
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Licensee: means a person who is licensed under this chapter as a professional fiduciary. See California Business and Professions Code 6501
- Probate: Proving a will
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Professional fiduciary: means either of the following:
California Business and Professions Code 6501
- related: means related by blood, adoption, marriage, or registered domestic partnership. See California Business and Professions Code 6501
- Statute: A law passed by a legislature.
- Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15
(A) Breached a legal or fiduciary duty to a client and thereby caused financial or physical harm or mental suffering to the client.
(B) Abused an elder or a dependent adult client, as defined in § 15610.07 of the Welfare and Institutions Code.
(C) Violated a statute or regulation related to this chapter.
(3) Paragraph (2) applies, but is not limited to, all of the following referrals:
(A) (i) A report from a court that the court has taken any of the following actions:
(I) Imposed a penalty on the professional fiduciary, as provided in subdivision (d) of § 1051 of the Probate Code.
(II) Removed the professional fiduciary as a conservator or guardian for cause, as provided in paragraph (3) of subdivision (c) of § 2653 of the Probate Code.
(III) Determined that the professional fiduciary has abused a conservatee, as provided in subdivision (a) of § 2112 of the Probate Code.
(ii) The report from the court pursuant to this subparagraph shall include a copy of the court’s finding and order and may include other supporting documentation. However, failure of the court to provide supporting documentation does not relieve the bureau of its duty to take action.
(B) A certified copy of a judicial or administrative finding that a professional fiduciary’s violation of law, breach of fiduciary duty, or abuse, as defined in § 15610.07 of the Welfare and Institutions Code, caused harm to a conservatee or ward in their care.
(4) If a court makes a referral described in paragraph (2), the court shall provide the bureau, at no charge, with access to the information, including confidential information, regarding its investigation of the professional fiduciary that is contained in court records. The bureau shall not disclose any confidential information contained in court records and shall use that information only for purposes of investigating allegations against the professional fiduciary or in a criminal, civil, or administrative proceeding brought by the bureau against the professional fiduciary. Confidential information derived from a court record and filed in a criminal, civil, or administrative proceeding shall be kept in the confidential portion of the court case file. If the bureau does not bring a criminal, civil, or administrative proceeding against the professional fiduciary as a result of the allegation, the bureau shall destroy the records in its possession that contain confidential information as soon as it determined that no further action will be taken regarding the allegations. This paragraph does not affect the admissibility of confidential information as evidence in a criminal proceeding.
(b) Sanctions shall include any of the following:
(1) Administrative citations and fines as provided in Section 125.9 for a violation of this chapter, the Professional Fiduciaries Code of Ethics, or any regulation adopted under this chapter.
(2) License suspension, probation, or revocation.
(c) The bureau shall provide on its internet website information regarding sanctions imposed by the bureau on licensees, including, but not limited to, information regarding citations, fines, suspensions, and revocations of licenses or other related enforcement action taken by the bureau relative to the licensee.
(d) The bureau shall revoke the professional fiduciary’s license if it finds that the professional fiduciary did either of the following:
(1) Knowingly, intentionally, or willfully breached a legal or fiduciary duty to an elder or dependent adult client that constitutes abuse of the client, as defined in § 15610.07 of the Welfare and Institutions Code.
(2) Caused serious physical or financial harm or mental suffering to a client through gross negligence or gross incompetence.
(Amended by Stats. 2021, Ch. 417, Sec. 2. (AB 1194) Effective January 1, 2022.)