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Fiduciary Qualifications

Fiduciaries serve by court appointment as estate trustees, court-appointed committee(s) or conservatorship(s), guardians, and/or personal representatives of estates. They also serve by agreement as estate trustees and/or agents under powers of attorney.  Additionally, they may serve in any capacity of the estate's trust assets, such as property manager and/or business manager.

on Thursday December 12
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Fiduciaries are governed by state or provincial statute. Each county or province has a probate court as part of its (superior) court system. While court-supervised matters have an extra layer of protection, all fiduciary accounts are protected by state or provincial licensing by way of their respective probate code.  Additionally, any fiduciary who is a member of any organization is held in accordance with those bylaws and ethics codes.

on Thursday December 12
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Fiduciaries must meet the requirements of their state or provincial licensing agencies, which generally require annual review and approval of continuing education units (CEUs), along with the ability to be bonded.  CEUs may be acquired by attending affiliated vendor educational conferences and/or meetings but do not require membership of said organizations. While some may advocate for membership of an organization, it is not a requirement any longer to be a member of such whereas prior to licensing it was the only form of protection the consumer had for complaints. A consumer should consider the caseload of a fiduciary -- lots of cases means less consideration to your family dynamics or attention to detail.  Educational background and community involvement should be considered -- is the fiduciary experienced with nursing or business (a common difference in fiduciaries).  These are just a few examples of what to consider.  The bottom line is one should look for a well-rounded skillset and a personality to match what you or your family expect in the long run.

on Thursday December 12
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Continuing education is a very important part of maintaining ones license. However, before one can claim licensure, they must qualify by experience or by education. It is important to realize that prior to legislation there were no formal degree requirements. With the creation of the Fiduciaries Bureau that changed to ensure world-knowledge experience to provide for a better service to those being protected.

Now one must hold a baccalaureate as a minimum to consider a new career as a fiduciary. The exceptions are with experience: an associates and three years of experience, or no degree and five years of experience. Note that experience is not one client but three or more unrelated persons.

To promote continued growth and understanding of legislative changes, every fiduciary must complete 15 units of continuing education units (CEUs) per year, with three (3) units of ethics related material.

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Words of Wisdom

I want to thank you for all you have done, your kindness and attention to FM in these last difficult years. While FM may not have been happy with her condition, the arrangements you made for her care in her last years made her comfortable and your continued visits to her must have been high points in her days of being confined in her activities. Thanks again....View More..
We hope you will enjoy the holidays knowing that you have given DR a new life. Your plans for her and the understanding of her needs are giving her a sense of confidence she's never before experienced. Bless you for all your efforts....View More..
It has been a true pleasure to work with you; I can honestly say you have been a true blessing in D’s life. With your support we were able to see D blossom to the lovely lady she is today....View More..
I feel kudos are due to you and appreciation should be shown for the above and beyond you do on our behalf. Thank you for being such a conscientious person and so thorough and efficient. Di, Mother, and I do really appreciate your work....View More..
Eric is a stand up guy. You can count on him. He is reliable, smart, helpful and thinks out of the box. He has been very helpful with suggestions and enhanced services. Add to this the fact that he is fast, able to meet deadlines and fix technical problems in a jif and you have one heck of a guy. And, wonder of wonder, he's nice. Which just goes to prove nice guys finish first!...View More..
Through you my life, has changed so much. I can do things now, and don't worry, as such. I don't worry so much, on how things will end. I just know things will end, from where I send. Through Sue, you came into my life. Now a lot less crying, stress and strife. Of you I am so very, very proud. I could scream it, from the highest hill aloud......View More..
He is supportive and genuinely concerned with the conservatee's quality of life......View More..
Thank you so much for helping us take a crappy situation and turn it into an awesome adventure! We are super grateful for everything!...View More..
He is a professional who cares about his clients and fights for them so that they may benefit from the best outcome of their affairs. I am personally pleased with the assistance he was able to give to a relative of mine. I would like add that Mr. Mayfield is also a warm and charming person with a good sense of humor and interest in people....View More..
We appreciate your efforts more than you know!...View More..
Thanks for working so hard to get us on the correct, appropriate financial citizenship!...View More..
You're the type of client that the legal profession appreciates most...highly organized and well documented....View More..

Powers of Attorney

Under common law, a power of attorney becomes ineffective if its grantor dies or becomes "incapacitated," meaning unable to grant such a power, because of physical injury or mental illness, for example, unless the grantor (or principal) specifies that the power of attorney will continue to be effective even if the grantor becomes incapacitated. This type of power of attorney is called "power of attorney with durable provisions" in the United States or "enduring power of attorney" elsewhere. In effect, under a durable power of attorney (DPoA)[1]  >>

Estate or Trust Administration

A trustee will manage investments, keep records, manage assets, prepare court accountings, pay bills (depending on the nature of the trust) medical expenses, charitable gifts, inheritances or other distributions of income and principal. Trustees are not required to exercise all of the powers that they are granted.[2] A trustee can manage any number of trust types, including Charitable, Special Needs Trusts, ILIT, Corporate, and Estate Trusts. >>

Conservator / Committee

The term conservatorship is synonymous with elderly guardian but used mostly in the western United States. It is a court-appointed process that can be very expensive as the petitioners and proposed conservatee all must be represented by attorneys, with just a few exceptions for in pro per family members without objections. The reason for the expense is that the proposed conservatee's estate is expected to bear the burden of the court costs in the procedures to appoint.>>

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