C5 – To Serve Or Not To Serve

Many private professional fiduciaries are concerned about serving as conservators or guardians due to recent changes in the law. The California State Assembly passed AB 1194 to reform conservatorship laws in the state. The goal was to protect vulnerable individuals in need of a conservatorship and to expand the eligibility criteria for conservatorships to include individuals struggling with substance abuse disorders. However, the resulting changes to the California Business and Professions Code and the California Probate Code relating to conservatorship and guardianship have created challenges and risks for fiduciaries. This presentation provides an overview of the potential risks of serving as conservators and guardians, as well as legal and practical tips for avoiding pitfalls and protecting fiduciaries.

Speakers

Adam L. Streltzer

Ruttenberg Cutler Broomer LLP

Adam L. Streltzer is the principal of Adam L. Streltzer, Attorney at Law. Mr. Streltzer obtained his B.A. in Applied Geography in 1991 from San Diego State University, along with a Certificate in Geographic Information Systems (GIS), and graduated ‘With Distinction’ and Dean’s List honors. Mr. Streltzer obtained his J.D. in 1994 from the University of the Pacific, McGeorge School of Law.

Mr. Streltzer’s practice generally focuses on litigation concerning the rights, duties, responsibilities, money, and property of the deceased, incompetent, spendthrift, and bankrupt, with a special emphasis in judgment enforcement and representing creditors in the probate court. Mr. Streltzer represents a full range of litigants, including family members, professional fiduciaries, banks, lenders, business and trade creditors, and other interested individuals.

Mr. Streltzer formerly practiced with a boutique estate planning and litigation firm in Century City. Prior to joining that firm, Adam developed substantial experience in the fields of business litigation, creditor’s rights, and commercial collections, with a primary emphasis in judgment enforcement, as well as handling trust, estate, and fiduciary matters falling outside of probate court jurisdiction.

Mr. Streltzer is a member of the State Bar of California, Los Angeles County Bar Association, Beverly Hills Bar Association, and Commercial Law League of America. He is admitted to practice in the State of California, U.S. Court of Appeals for the Ninth Circuit, U.S. District Courts for all federal court districts in California (Central, Northern, Southern, and Eastern), and the U.S. Tax Court. He is also a contributing author for several Continuing Education of the Bar (CEB) publications, including California Decedent’s Estate Practice and California Conservatorship Practice. Mr. Streltzer is also an active member of the Los Angeles County Superior Court’s appointed counsel (CAC) and Guardian ad litem (GAL) programs and volunteers his time at the Los Angeles County Superior Court.

Sarah Broomer

Sarah Broomer

Ruttenberg Cutler Broomer LLP

Sarah S. Broomer is an equity partner at Ruttenberg Cutler Broomer, LLP. Ms. Broomer obtained her undergraduate degree in Political Science from the University of California, Berkely, where she received the Arnold S. Nelson Scholarship for academic excellence from 2000-2004. She then attended Southwest Law School, where she received the Southwestern School of Law Scholarship for 2005-2007.

Ms. Broomer’s practice includes all aspects of complex conservatorship, fiduciary, and trust and estate litigation. Ms. Broomer also handles all aspects of estate planning, family succession planning, charitable giving, and insurance trusts. Ms. Broomer has repeatedly been recognized as a “Southern California Rising Star” in the area of Trust and Estates Litigation by Super Lawyers™, as well as one of the “Top Women Attorneys in Southern California” in Los Angeles magazine. Ms. Broomer is an update author for the CEB, including the following guidebooks: Trust Administration, Powers of Attorney, Irrevocable Trusts, Small & Midsize Estates, and Decedent Estate Practice, as well as the CEB manuals on Handling a Probate, and the Probate Workflow Manual.

Ms. Broomer is currently serving as Trustee of the Board of Trustees of the Los Angeles County Bar Association. Ms. Broomer previously served as the Chair of the Los Angeles County Bar Association Trust & Estates Executive Committee, and as Co-Chair of the Beverly Hills Bar Association Trust & Estates Executive Committee. Ms. Broomer is the Chair of the Lecture Series (formerly known as the LACBA Trust and Estates Lecture Series). Ms. Broomer received her B.A. degree from University of California, Berkeley, and her J.D. degree from Southwestern University School of Law. During law school, she served as Judicial Intern for the Honorable Aviva K. Bobb, the Presiding Judge of the Probate Court.

Hon. Judge Ana Maria Luna

Hon. Judge Ana Maria Luna

Superior Court of California Los Angeles

Judge Ana Maria Luna has served as a bench officer in the Los Angeles County since 1992. She holds undergraduate degrees in Biological Sciences and Spanish from the University of California, Irvine. She received her juris doctorate degree from the University of Southern California Gould Law School in 1984. Before joining the bench in 1992, Judge Luna practiced as a family law attorney and as a deputy public defender in Los Angeles County. Judge Luna has extensive experience in handling family law matters involving issues of child custody, support and property division. Since 2020, Judge Luna has handled a probate calendar where she manages estate, trust, guardianship and conservatorship cases including long cause trials. She has lectured to bar associations and professional organizations including best practices as to case management and evidentiary hearings.