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In California, remedies for breach of fiduciary duty encompass monetary damages, attorney fees, and court costs. Additionally, if the fiduciary acted with malice, oppression, or fraud, punitive damages may be awarded to further penalize and deter such conduct.
The Professional Fiduciaries Bureau (PFB) within the Department of Consumer Affairs (DCA) is responsible for the licensure and regulation of non-family-member professional fiduciaries, including conservators, guardians, trustees, personal representatives of a decedent's estate, and agents under durable power of ...
Fiduciary duty is the obligation to act in someone else's best interest. A fiduciary duty arises when someone places their trust and confidence in another person, with the knowledge of that person.
You may also email the complaint form to fiduciary@dca.ca.gov. Here is some important information to consider prior to submitting your complaint: When filing a complaint with the Bureau, please provide as much detailed information as possible, including supporting documents to assist with the investigation.
There is no set statute of limitations for breach of fiduciary duty in California. Instead the general statute of limitations set forth in California State Civil Code section 343 is used. This states that the statute of limitations is 4 years after the cause of action occurred.
Elements of a Breach of Fiduciary Duty Claim A fiduciary relationship existed where the fiduciary owed a duty to the principal. The fiduciary acted in a manner that contradicted, or breached, their expected duties. The principal suffered damages. The damages incurred were a direct result of the breach of fiduciary duty.
A: Professional Fiduciaries are entrusted to provide financial and healthcare options that ensure their client's dignity and peace of mind. They provide the experience, resources and knowledge to oversee services like paying bills, legal, investment management, medical care, housing, and nutrition, among other things.
In order to be licensed, Professional Fiduciaries will be required to pass an examination and to complete 30 hours of qualified education courses, and to complete 15 hours of continuing education each year in order to renew their licenses.