Section 1

What is a Licensed Fiduciary?

You might be more familiar with the common terms that refer to a fiduciary, such as: Trustee, Executor, Estate Administrator, Personal Representative, Conservator, or Guardian.

A fiduciary accepts responsibility for taking care of the personal or financial needs of another person. Fiduciary duties depend on whether services are provided for a deceased person or someone still living.

Licensed professional fiduciaries may be engaged to serve by agreement in life planning documents such as Wills and Trusts, or they may be appointed by the probate court to serve in any of the above functions.

Section 2

About Donald Fischer

Donald E. Fischer is a California Licensed Professional Fiduciary and National Certified Guardian. He earned a Master’s Degree in Conflict Studies and Peacemaking from Fresno Pacific University (FPU), a Bachelor’s Degree in Rhetoric from the University of California, Berkeley and is certified by California State University, Fullerton to Manage The Person and The Portfolio Estate.

Section 3

Effective & Efficient

Resources

Professional Fiduciary Services

The titles may be different, but every service we provide is centered around trust. As California Professional Fiduciaries, we have a fiduciary duty to our clients and their estates. A fiduciary duty is the highest standard of care at law. A Professional Fiduciary must be extremely loyal to the person or party to whom he owes the duty (the “principal“): such that there must be no conflict of duty between fiduciary and principal.

Trustee

Every Trust must have a Trustee – A Trust is a written document that outlines the financial issues or wishes of the individual writing the trust. Each Trust needs a Trustee, and as Trustee we must follow the instructions of the Trust and execute the wishes and guidelines provided within the Trust. As Trustee, we have a duty to execute the directions in that Trust down to the letter. We handle each Trust as a unique document, following the directions as they appear in the Trust.

Revocable Trusts – AKA Living Trusts
Most people are familiar with Trusts that are created for estate planning purposes, usually revocable trusts; often called living trusts. Sometimes irrevocable Trusts are used when called for by the circumstances of your situation. We will serve as Successor Trustee and be ready to step into the role of Trustee when it becomes necessary. Your attorney will recommend the right trust for your particular situation.

Special Needs Trusts
One common type of Trust that we often handle are Special Needs Trusts (SNT’s). SNT’s are designed to protect the public benefits of the beneficiary while providing for the special needs of minors, the developmentally disabled and mentally ill. As directed by your trust, we professionally manage, administer, and safeguard the assets held in the trust. We report to the beneficiaries, file tax returns and make distributions per the instructions in the trust. We prepare court accountings and take responsibility for the investment assets.

Conservator of the Person

As a Conservator of the Person, we help clients with chronic medical concerns and end of life issues. In addition to dealing with Doctor’s offices and coordinating with Healthcare plans and managers, we can assist with living arrangements and ongoing care monitoring. We will engage in ongoing advocacy on behalf of client insurance matters, obtaining benefits, reviewing policies, and applying for and following through on claims. As Conservator, we will oversee living and medical care needs. We advocate on behalf of our client in their best interest.

Durable Powers of Attorney for Health Care
A Durable Power of Attorney for Health Care goes hand-in-hand with Conservator of the Person, as it allows a professional, trained fiduciary to make decisions about a persones health care. The document itself instructs the fifuciary ‘agent’ specific instructions about the kinds of medical treatments desired.

Conservator of the Estate

Conservator of the Estate – A Conservator is appointed by the probate Court to handle the financial affairs of a person who can no longer do so. As a Conservator of the Estate, we will locate and take control of assets, including opening bank, brokerage and other investment accounts, and managing investments, accessing safe deposit boxes, and dealing with judgments and creditors. We will also maintain accurate, detailed fiduciary records of all transactions and the decision-making process.

Representative Payee

A representative payee is a person or an organization appointed by the Social Security Administration to receive the Social Security or SSI benefits for anyone who can’t manage or direct the management of his or her benefits. As Representative Payee, our main duties are to use the benefits to pay for the current and future needs of the beneficiary, and properly save any benefits not needed to meet current needs. We also keep records of expenses and provide reports to the Social Security Administration when requested of how the benefits have been used or saved.

Powers of Attorney Agent

A Powers of Attorney (POA) is a signed document outlining Powers an individual would like to give to another individual or entity to carry out the financial responsibility of ones self. Our fiduciaries will carry out the responsibility of acting as the POA. We have acted as the attorney in fact for many individuals with excellent satisfaction. All of our POA’s are bonded as well as the corporation being insured.

Executor of Estate

As the Executor of Estate we act on behalf of that estate. When appointed, we are responsible for finalizing the affairs, paying the debts and taxes, assembling and distributing the remaining assets and/or property to the persons or organizations outlined in the decedent’s estate plan or will. The fiduciary as the Administrator of the Estate is a person appointed to act on behalf of the estate when a person dies without a will or living trust, or when a person dies with a will, but the named executor is unable to execute their duties, declines the appointment as executor, or is removed by the court.

Court Appointed Receiver

A Court Appointed Receiver is sometimes appointed to preserve property during litigation between two parties who appear to have an equal right to use the property but who are unwilling to acknowledge each other’s interest. A judge can appoint a receiver following the filing of an application, or petition, with the court. READ MORE

Mediation

Donald E. Fischer was Director, FPU Mediation Services Civil & Probate Division, Superior Court, County of Fresno for 12 years. Here is a pull-segment from Don’s Curricula Vitae:

“I am an associate with the Center for Peacemaking and Conflict Studies mediation panel. I earned a BA in Rhetoric with an emphasis in Public Policy from the University of California, Berkeley (’77). I maintain continuing education with excessive hours of certified mediation training including hours from the California State Bar Association and the American Bar Association. I have been trained in construction dispute arbitration certified by the New Mexico Bar and as an employment mediator by the EEOC. I have twenty-eight years of experience in retail business ownership and real estate management. I am a Research Consultant and advanced mediation trainer for the Fresno County Superior Court. I consider myself a conflict resolution specialist.”

If you require a skilled and experienced Mediator, Call (559) 905-4318 to discuss your matter.

For FREE Consultation: Call (559) 905-4318 or USE FORM