AB 1194 – The Legislatures Response to “Free Brittney”

The scrutiny of PPF comes in cycles, generally prompted by a famous case or published articles surrounding egregious cases.  The cycle has come again with the Brittany Spears conservatorship and the “I Care A Lot” movie.  A result of which AB 1194 was enacted.  AB 1194 revises and add new statutes in the Probate Code and the Business & Professions Code.   The seminar will begin with a fact pattern that is likely familiar to many PPFs.  Two daughters at odds.  A conservatorship is established and a PPF is appointed as Conservator of the Person and Estate. The daughter who was opposed to the conservatorship would like Mom to move back into Mom’s home, where daughter lives, rent-free.  The seminar will pick up discussing the changes enacted by AB 1194 including, new advertising and fee posting requirements; revisions in the factors to be considered when presenting fee petitions, new enhanced sanctions, new reporting and investigation mandates, as well as changes in how and when counsel is appointed for the (proposed) Conservatee.  These new laws have the impact of increasing the risk to a PPF’s professional license and exposing the PPF to personal liability. The seminar will conclude with the initial dueling daughters fact pattern.  The attendees will be encouraged to comment if their opinions on accepting the appointment as Conservator has changed.

Speakers

Hon. Judge Kim R. Hubbard

Hon. Judge Kim R. Hubbard

Superior Court of California, County of Orange

Kim R. Hubbard was an attorney in practice for 29 years and who specialized in Elder Law for the last 18 years of that time. Judge Hubbard chaired the Elder Law section of the Orange County Bar Association in 1995 and was the President of that organization in 2004.

Judge Hubbard served on the governing board of the Victim/Witness Program for Waymakers (formerly CSP) and she was on the board of Community Legal Aid So. Cal. (formerly known as LASOC) for 21 years. She was a founding member of the Orange County Hoarding Task Force and a member of the OAS (Older Adult Services) sub-committee of the Orange County Mental Health Board. She was on the Advisory board that established the Professional Fiduciary credentialing program at Cal State Fullerton and has been a frequent lecturer for the Orange County Bar Association, the Public Law Center and CEB.

Teresa Gorman, Esq.

Teresa Gorman, Esq.

Fiduciary Real Estate Services

Protecting the Fiduciary Client in the LEGAL aspect of the real estate transaction. Teresa Gorman is a licensed attorney and has a certification as a Trust & Estate Specialist by the State Bar of California. Teresa brings over 20 years of experience in representing the interests of Private Professional Fiduciaries. Teresa’s law practice focused on representing Fiduciaries in some of the most challenging cases in Orange County. Teresa worked closely with Fiduciary Clients to ensure their actions met the standard of care expected by demanding, sometimes discontent, beneficiaries. Teresa provided aggressive and uncompromising representation in Probate, Conservatorship and Trust matters. Teresa was regularly appointed by the courts to serve as court-appointed attorney or guardian ad litem for seniors who found themselves in the crosshairs of the legal system. Teresa also serves a volunteer for South County Senior Services providing legal advice and protecting seniors in need.

As a Trust & Estate attorney Teresa saw the impact when Fiduciaries utilized the services of real estate agents who purchased tawdry “probate specialist” designations. In her role as an attorney, Teresa dealt with the aftermath of real estate agents who exposed her clients to liability when the agent did not possess the requisite experience in the probate court, did not understand the law, and did not understand the heightened duties of a Fiduciary Client. The sale of real property is a legal contract. The real estate transaction of a Fiduciary Client invokes a further level of expertise. Teresa’s law experience as a Trust & Estate Specialist protects the seller and ensures Fiduciaries are insulated from claims by disgruntled beneficiaries and buyers. By selecting FRES, the Fiduciary Client and their attorney can rely on FRES to provide a smooth real estate transaction.