Professional Fiduciaries Code of Ethics
The full text of California Code of Regulations, title 16, division 41, article 4,
Setting forth the Code of Ethics for Professional Fiduciaries, may be found here.
The Code of Ethics is summarized as follows:
§ 4470. GENERAL PRINCIPLES.
• 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.
§ 4472. DECISION STANDARDS.
• 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.
§ 4474. CONFIDENTIALITY.
• Do not disclose the consumer’s personal information unless required by law.
• Limit disclosure to what is lawful, necessary, and relevant.
§ 4476. CONFLICT OF INTEREST.
• 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.
§ 4478. RESIDENTIAL PLACEMENT.
• 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.
§ 4480. CARE, TREATMENT AND SERVICES.
• 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.
§ 4482. MANAGEMENT OF THE ESTATE.
• 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.
§ 4484. LIMITATION OR ELIMINATION OF FIDUCIARY POWERS; RESTORATION OF CAPACITY; TERMINATION OF FIDUCIARY RELATIONSHIP.
• 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 (in some instances, 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/consumer relationship, other than when necessary or appropriate.
• 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.
§ 4472. DECISION STANDARDS.
• 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.
§ 4474. CONFIDENTIALITY.
• Do not disclose the consumer’s personal information unless required by law.
• Limit disclosure to what is lawful, necessary, and relevant.
§ 4476. CONFLICT OF INTEREST.
• 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.
§ 4478. RESIDENTIAL PLACEMENT.
• 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.
§ 4480. CARE, TREATMENT AND SERVICES.
• 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.
§ 4482. MANAGEMENT OF THE ESTATE.
• 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.
§ 4484. LIMITATION OR ELIMINATION OF FIDUCIARY POWERS; RESTORATION OF CAPACITY; TERMINATION OF FIDUCIARY RELATIONSHIP.
• 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 (in some instances, 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/consumer relationship, other than when necessary or appropriate.