PFAC NEWS - Professional Fiduciary Association of California

P FA C N E W S
P ro fe s s i o n a l F i d u c i a r y A s s o c i a t i o n o f C a l i fo r n i a
Vo l u m e 3 , I s s u e 3 - F a l l 2 0 1 4
President’s Message
By Marilyn Bessey, CLPF
One of my goals this year as your
2014–15 President is to keep our
membership informed as we move
forward. The face–to–face governance decision making
of our association takes place at the Board of
Directors meetings, which occur only four times a year.
These meetings bring together the elected board
member representatives from throughout the state.
We just completed a Board of Directors meeting
September 6th at the Hyatt San Francisco Airport, the
location of the 2015 PFAC Conference. Meeting there
gave us all a great understanding of the hotel and how
it is a wonderful venue for the 2015 conference. The
success of our Annual Conference is vital to the
continued strength of our association. 2015 Conference
Chairs, Art Passante (on Skype), Leslie Byrne and
David Keeler (in person) met with the committee
members, along with Susan Gibson and Jeanne Sleeper
from JBS who will facilitate the conference logistics.
It was a highly successful meeting – the entire
committee is off and running! I know you will be
hearing more from them soon–if not already! The
Sponsorship–Exhibiting–Advertising brochure has been
mailed and the conference website is now open for
business, including conference registration and hotel
reservations.
Continued on page 4
Affiliate of the National Guardianship Association
INSIDE
President’s Message
PAGE 4 - 5
Upcoming Education Programs
PAGE 5
Executive Director’s Message
PAGE 6
Brain Healthy Living
PAGE 7
Security Bank of California
PAGE 7
PFAC Board of Directors
2014−2015
INSIDE
President
Marilyn Bessey, CLPF
916−930−9900
[email protected]
continued from front cover
Government Affair Update . . . . . . . . . . . . . . . . . . . . . . . . . .Page 8
Alzheimer’s - Know the 10 Signs . . . . . . . . . . . . . . . . . . . . .Page 9
Vice President / President Elect
Joyce Anthony, CLPF
650−383−5313
[email protected]
PFAC: Communication Committee Update (ComCom) . . . . .Page 11
Caregiver Checklist for Finding an Adult Program . . . . . . . .Page 12
2015 PFAC Annual Conference . . . . . . . . . . . . . . . . . . . . .Page 13
Secretary
Rita D. Michael, CLPF
310−372−7380
[email protected]
Braun: A Fiduciary Case Study . . . . . . . . . . . . . . . . . . . . . .Page 15
Welcome New Members . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 16
Treasurer
Gary Loebner, MBA, CLPF
650−961−3368
[email protected]
ICS − Insured Cash Sweep . . . . . . . . . . . . . . . . . . . . . . . . .Page 17
Suicide Prevention Crisis Lines . . . . . . . . . . . . . . . . . . . . . .Page 17
PFAC Regions & Chapters Directory . . . . . . . . . . . . . . . . . .Page 19
Past President
Scott S.H. Phipps, NCG, CLPF
510−508−9588
[email protected]
Northern Region President
Leslie Byrne, CLPF
510−635−0355
[email protected]
Region Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Page 19
Addressing Complex Borrowing Challenges . . . . . . . . . . . . .Page 21
PFAC Statement of Purpose
The purpose of the Professional Fiduciary Association of California is to:
Northern Region Director
Debra Dolch, NCG, CLPF
415−543−2121
[email protected]
San Diego Region President
Jeannette Servin, NCG, CLPF
858−204−2784
[email protected]
Encourage professional standards of conduct and practice
•
Maintain high qualifications for membership
•
Facilitate the continuing education of members
•
Offer opportunities for new members to network and meet
Fiduciaries in their area
•
Promote communications among members to share resources
www.pfac-pro.org
San Diego Region Director
Beverly Brito, NCG, CLPF
760−505−5699
[email protected]
PFAC Staff
JBS & Associates
954 La Mirada Street
Laguna Beach, CA 92651
Toll−Free: 866−886−7322
Phone: 949−497−3673 | Fax: 949−497−2623
Southern Region President
James Sullivan, NCG, CLPF
310−792−8838
[email protected]
Executive Director
Jeanne Sleeper | [email protected] | Extension 300
Southern Region Director
Norine Boehmer, CLPF
310−246−9055
[email protected]
PFAC Fall 2014
•
3
Susan Gibson
| [email protected]
| Extension 610
Kamberly Fix
| [email protected]
| Extension 600
President’s Letter Continued...
As President, I reported to the Board that, at the
direction of the Board in July 2014, attorney Joel Corwin
had been retained to assist with our ethics committee
and Code of Ethics transition matters and updating of
PFAC bylaws, to assure compliance with current
California law–the California Corporations Code. He will
provide a legal review of our bylaws that are many years
old and consider the changes that have occurred in the
corporation’s code and other state and federal statutes
since the bylaws were enacted, as it is the Boards’ duty
to assure that the PFAC Articles of Incorporation,
Bylaws, Policies and Procedures are in compliance with
current laws. Mr. Cor win is an active member of the
California State Bar, and as Chair of the Non–profit
Organizations Committee of the State Bar for the past
two years, and he has been actively involved in the
preparation of bills submitted to our legislature on
matters beneficial to California associations and other
nonprofits. Joel is a strong advocate for the proper
governance and legal health of PFAC.
which affirmed the continuation of the Bureau. The Bureau
is financially stable with a healthy balance of funds available
to support their main activities, which are the licensure
process, along with oversight and investigation of all
complaints filed against licensed professional fiduciaries. A
new full–time Investigative Officer has been hired and the
Bureau’s budget includes increased resources allocated to
investigation and enforcement, including using the Attorney
General’s staff for litigation. The Bureau, with Bureau Chief
Julia Ansel, is now legally mandated to continue its role for
the upcoming years within the Department of Consumer
Affairs.
Past President, Scott Phipps, reported on the latest
developments of the Feasibility Study Group that is considering
potential redistricting of the PFAC regions. This subject is
being discussed based on how our association’s regions are
designated geographically. The concern is the need for better
availability of activities to our members and how our very large
geographic regions make that a challenge for some members.
Jim Sullivan and Leslie Byrne, Membership Co–Chairs, reported
that PFAC now has 440 licensed members and 604 total
members.
Our Executive Director, Jeanne Sleeper, has been very
involved in the management transition period from AMG
to JBS during the months of June and July. Our thanks to
the staff of AMG for their assistance in this complex task.
It has obviously been a very busy time, not only the
physical move, but also changing from one accounting
system to another, moving the associations records off
of the AMG software to new programs and reviewing all
the business processes. One of the biggest changes has
A business plan is being developed by the Education
Committee, reported Chair, Rita Michael, as part of the
planning of future on–line education courses provided by the
association. The committee continues its vetting process of
all chapter and regional education programs and the
conference programs.
been developing PFAC’s brand new website. Over time
many new member–focused features will become available
to our members and the region and chapter leaders in
marketing and managing the local educational programs,
which are primary PFAC missions. Jeanne announced the
roles of Susan Gibson, PFAC Account Executive and
Conference Manager and PFAC Membership and
Communication Manager, Kamberly Fix. All very positive.
light of the Professional Fiduciar y Bureau duties and
responsibilities. They made a recommendation that the
association discontinue the receipt of complaints against
association’s members, as well as cease the corresponding
Ethics Committee investigation process of those complaints.
Now is the right time to shift those responsibilities to the
Professional Fiduciary Bureau, that is fully–staffed and able
to provide this important consumer service as is mandated
by the enabling laws that established the Bureau.
A
resolution was presented and passed by the Board of
Directors that the corporation’s Ethics Committee will no
longer be responsible, as of September 6, 2014, to accept
and investigate complaints about PFAC members, as it is
more appropriately the responsibility of the Professional
PFAC lobbyist, Jerry Desmond, with Norine Boehmer
reported on the status of bills that were moving through
the California legislature that may have effect on our
profession. Jerry also reported to the Board the positive
Sunset Review of the Professional Fiduciar y Bureau,
PFAC Fall 2014
4
Ethics Committee Co–chairs, Joyce Anthony and Bev Brito
presented a report on the evolving role of the Committee in
Fiduciaries Bureau for licensing and enforcement of professional conduct
of fiduciaries. PFAC will provide procedures for suspension and termination
of membership, including those which may be based on decisions of the
Professional Fiduciary Bureau and other tribunals.
At the suggestion of attorney Joel Corwin, the President of the corporation
and the Ethics Committee will review and rework the corporation’s Code
of Ethics and frame a new Code of Conduct with an oppor tunity for
members to comment. The resolution also authorized the President of the
corporation to have new/revised bylaws of the corporation prepared by
legal counsel, with related documents, for presentation to, and approval
by, the Board of Directors. Following the board’s acceptance of the revised
documents, the current bylaws require the new documents be presented
to the voting members of the corporation for ratification. PFAC will retain
its longstanding, core commitment to providing education to its members
with a goal of education resulting in quality service to our clients.
Susan Gibson from JBS & Associates reported that as the membership of
PFAC grows, the attendance, number of programs and exhibits at our
annual conference has increased substantially. This is wonder ful, but is
limiting the conference locations available from the standpoint of cost,
required space and fewer suitable facilities across the state. Mark your
calendars, here is the PFAC spring conference schedule for the next five
years: April 22-25, 2015, Hyatt Regency San Francisco Airport; June 1-4,
2016, Hyatt Regency Indian Wells; April 26-29, 2017, Hyatt Regency San
Francisco Airpor t; May 30-June 2, 2018, Riverside Convention Center,
Mission Inn, Marriott and Hyatt Place; June 5-8, 2019, Westin Mission
Hills, Palm Springs.
As you can see, this is a very busy board both at quarterly meetings and
working on projects between board meetings! The Board of Directors wants
all members to know the corporation’s focus, our commitment to up–to–date
governance and what we are accomplishing as your elected representatives.
We thank you for your support.
PFAC is always interested in hearing of members who are interested in
serving in leadership positions – so don’t be shy. Let your chapter, region
or state leaders know of your interest.
Thank you again.
Marilyn Bessey
2014-15 PFAC President
Upcoming PFAC
CEU Opportunities
October 18, 2014
An Ounce of Prevention...An Early
Probate Mediation Workshop
(6.0 MCLE CEUs / 6.0 PFAC CEUs)
(includes 1.0 Ethics MCLE CEU / 1.0
Ethics PFAC CEU)
9:00 a.m. − 5:00 p.m.
Roseville, CA
PENDING CEU Opportunities
October 22, 2014
San Diego Region
Section 8 Housing Choice Voucher
Program
1.0 PFAC CEU
La Mesa, CA
November 19, 2014
San Diego Region
E&O Ins. What it means and
How it Protects Fiduciaries
1.0 PFAC CEU
La Jolla, CA
PFAC 2015 – 2019
Conference Dates:
2015
April 22 - 25
Hyatt Regency San Francisco Airport
Burlingame, CA
2016
June 1 - June 4
Hyatt Regency Indian Wells
Indian Wells, CA
2017
April 26- 29
Hyatt Regency San Francisco Airport
Burlingame, CA
2018
May 30 - June 2
Riverside Convention Center
Riverside, CA
Host Hotels: Mission Inn Hotel & Spa;
Marriott Riverside
& Hyatt Place Riverside
5
PFAC Fall 2014
Executive Director’s Message
By Jeanne Sleeper
Hello PFAC Members,
In the few weeks since JBS & Associates became your administrative office,
we’ve been on an exciting journey learning about your association and
starting to meet the incredible members who are the regional leadership in
chapters and regions and the state board of directors. We value their patience
and willingness to keep us pointed in the right direction as we learn more
about PFAC and your roles as fiduciaries.
Jeanne Sleeper
PFAC Executive Director
949−497−3673 ext 300
[email protected]
When working on the 2014 San Diego Educational Conference, we met many
of you. It will be a pleasure to meet more PFAC’s in April 2015 at the Hyatt
Regency San Francisco Airport hotel in Burlingame. The breadth and diversity
of what you do each day as a fiduciar y involves many disciplines and a
plethora of skills. We look forward to an ongoing conversation about how
PFAC can assist you and your business in providing high quality services to
your clients.
PFAC membership provides a list of benefits, one of which is the
organization’s website. It is an important communication tool for members
and the public. There’s a fresh, contemporar y, new look at
www.PFAC−Pro.org and new features are being added monthly. Over the next
few months these new features will help all members and prospective
fiduciaries find local educational meetings, sign up online and members to
view their personal summar y of earned continuing education units. The
Annual Conference section of the website has “everything Conference” all in
one place for easy reference. Our team started from the ground up and built
a technologically modern new site to make your web−use easier, faster, and
simpler. Yes, it is different. But we hope you will embrace the long term
benefits and take a few minutes to browse the new site and find all the usual
sections and a few new ones.
Susan Gibson
PFAC Conference Planner
949−497−3673 ext 610
[email protected]
You’ll see the new PFAC look on the website, the e−news messages and this
quarterly e−newsletter. We hope you find the communication vehicles easy
to read, more inviting and useful to your professional development.
A shout out to the Communications Committee and the board for their
valuable input and to David Rossen at CDR Marketing, PFAC’s new, incredibly
talented and dedicated webmaster.
The Staff at JBS & Associates
Kamberly Fix
PFAC Membership Manager
949−497−3673 ext 600
[email protected]
PFAC Fall 2014
6
Brain Healthy Living
By Mary Ball, President & CEO, Alzheimer’s Association San Diego
When people think about staying fit, they generally think from the neck down. But
the health of your brain plays a critical role in almost everything you do; thinking,
feeling, remembering, working, playing and even sleeping.
The good news is that emerging evidence suggests there are steps you can take
to help keep your brain healthier as you age. It is important to understand that
Alzheimer’s is not a normal part of aging but like other parts of your body, your
brain may lose some agility as it gets older, if you do not take care of it. Science
is unlocking many of the mysteries of the brain, but unfortunately we do not
have all the answers yet. You can do ever ything “right” and still not prevent
Alzheimer’s disease.
That being said, maintaining the health of your brain is an important part of your
overall health and wellbeing. There are four aspects to consider, when talking
about living a brain healthy lifestyle: physical exercise, nutrition, social activity
and mental exercise.
• Physical exercise is essential for maintaining good blood flow to the brain as
well as to encourage new brain cells. It also can significantly reduce the risk
of heart attack, stroke and diabetes, and thereby protect against those risk
factors for Alzheimer’s and other dementias
• Research suggests that high cholesterol may contribute to brain cell damage.
A low fat, low cholesterol diet is advisable. There is also growing evidence that
a diet rich in dark vegetables and fruits, which contain antioxidants, may help
protect brain cells.
• Social activity not only makes physical and mental activity more enjoyable, it also
reduces stress levels, which help maintain healthy connections among brain cells.
• Mentally stimulating activities strengthen brain cells and the connections
between them, and may even create new nerve cells.
Alzheimer’s is a skyrocketing epidemic with more than 60,000 San Diegans
suffering from the disease today and the numbers are climbing at an alarming
pace. Age is the greatest risk factor for Alzheimer’s disease. This means we are
all at risk and should be aware of the warning signs, so we can receive early
diagnosis that allows us to plan for the future and have access to the comfort,
support and resources we need.
Sadly, this is an insidious disease, that not only claims the life of diagnosed
individual, but also puts tense, emotional, physical and financial strain on those
who love and care for them. More than 80% of individuals who are living with
Alzheimer’s, are cared for at home by a family member. For this reason, the
Alzheimer’s Association is committed to providing those affected and their loved
ones with FREE support and resources including a 24/7 Helpline, community
education, social activity programs, more than 30 support and discussion groups
and one−on−one assistance from masters level experts in Alzheimer’s disease.
Along with providing the community with free programs and service’s the
Alzheimer’s Association is unrelenting on advocating for public policy issues and
critical research funding in hopes of accelerating the global effort to eliminate
Alzheimer’s disease.
If you are interested in finding out more about any of the above, please visit our
website at www.alz.org/sandiego or call our 24/7 Helpline at 800−272−3900.
Another fun and easy way to learn more and get involved with the Alzheimer’s
Association is to sign up for the Walk to End Alzheimer’s this October. We are
hosting two walks this year: Oceanside Pier on Saturday October,4th at 4:00pm
and at Balboa Park, Saturday October 18th at 8:00 am. Bring your friends and
family out to walk with us and support families while raising critical funds and
awareness. Sign up at www.als.org/sandiego today!
Since our founding, Security Bank of
California has focused on delivering
quality banking services.
The words ‘Relationship’ and ‘Community’
commonly appear in many banking
advertisements, so much so that they
frequently lose their true meaning. To us,
these words mean working together to
reach a common goal in a manner that is
truly beneficial to everyone involved.
Our ‘Fiduciary Services Group’ managed
by Kathy Meredith and her 20 years of
fiduciary experience is committed to
earning the right to be your trusted
ADVISOR and ser ve you as a valued
financial resource. Our expertise and
streamlined approach will save you time
and keep your focus on your clients.
We know that your practice requires a
strong level of Professionalism, Attention
to Detail, and an Immediate Response to
YOUR client’s needs. Kathy and the
entire ‘Fiduciary Services Group’ staff
here at Security Bank of California are
dedicated to providing those same
benefits to you and your clients.
Our Expertise is in Providing Banking
Products and Services in the Areas of
Special Needs Trusts, Guardianships,
Conservatorships, Trust Accounts, Court
Blocked Accounts, Attorney Client
Trusts, VA Federal Fiduciary Accounts.
Security Bank of California
When you want a Banker,
Not just a Bank.
Security Bank was an Exhibitor and Bronze Sponsor
for the 2014 PFAC Annual Educational Conference.
7
PFAC Fall 2014
Governor Signs Two
PFAC−Supported Bills
Authored by
Assemblywoman Bonilla
on Retired Licensees,
Licensing Bureau
By Jerry Desmond, Jr., Esq.
AB 2024 allows professional
fiduciaries who have served
PFAC is pleased to report that the Governor has signed into law two bills
authored by Assemblywoman Susan Bonilla that impact licensed professional
fiduciaries: AB 2024 and AB 2741.
seniors, disabled persons and
minors to obtain a retired
license as a distinction of
acknowledgement and respect.
AB 2024 updates the Professional Fiduciaries Act by allowing the Professional
Fiduciaries Bureau to offer and oversee retired and inactive licenses, in
addition to requiring the cancellation of licenses that are not renewed within
three years.
“Fiduciaries play a vital role in society by assuming the responsibility of trust
for thousands of Californians across the state,” said Assemblywoman Susan
A. Bonilla (D−Concord). “AB 2024 allows professional fiduciaries who have
served seniors, disabled persons and minors to obtain a retired license as a
distinction of acknowledgement and respect.”
As noted by Assemblywoman Bonilla, under current law retired professional
fiduciaries must continue to pay renewal fees and complete continuing
education requirements if they want their license to remain in good standing. If
they do not, a public records search would indicate that their license is
“delinquent,” indicating possible misbehavior. AB 2024 allows the Professional
Fiduciary Bureau the statutory authority to designate retired or inactive licenses
for licensees in otherwise good standing.
Jerry Desmond, Jr., Esq.
Desmond & Desmond
California Lobbying Firm
916−441−4166
[email protected]
“There is no reason why the Professional Fiduciaries Bureau should not offer a
retired or inactive license as numerous bureaus and boards already offer,” said
Assemblywoman Bonilla. “I’m pleased that my colleagues and the Governor
agree and that retired professional fiduciaries will be able to acknowledge a
distinguished career without jumping through bureaucratic hoops.”
AB 2741 extends until January 1, 2019, the sunset date on the Professional
Fiduciaries Bureau and Chief of the Bureau.
The continuation of the Professional Fiduciaries Act will ser ve to protect
consumers by ensuring the continuation of the Bureau that is charged with
the following responsibilities: educating consumers about their rights;
promoting legal and ethical standards of professional conduct; investigating
the background of applicants; administering licensing examinations; licensing
professional fiduciaries; investigating complaints from consumers; and, taking
disciplinary action and issuing citations.
PFAC pursued a “support” position on both bills, advocating for their approval,
testifying in each legislative committee. The association also urged the
Governor to sign these measures into law.
Assemblywoman Susan A. Bonilla (D−Concord) was elected in November 2010
and represents California’s 14th Assembly District, which includes Contra
Costa County and Solano County. She is Chair of the Assembly Business
Professions and Consumer Protection Committee.
PFAC Fall 2014
8
Have You Noticed Any of These Warning Signs?
Please list any concerns you have and take this sheet with you to the doctor.
Note: This list is for information only and not a substitute for a consultation
with a qualified professional.
1. Memory loss that disrupts daily life. One of the most common signs of Alzheimer’s,
especially in the early stages, is forgetting recently learned information. Others
include forgetting important dates or events; asking for the same information over
and over; relying on memor y aides (e.g., reminder notes or electronic devices) or
family members for things they used to handle on their own. What's typical?
Sometimes forgetting names or appointments, but remembering them later.
2. Challenges in planning or solving problems. Some people may experience changes in their ability to develop and follow
a plan or work with numbers. They may have trouble following a familiar recipe or keeping track of monthly bills. They may
have difficulty concentrating and take much longer to do things than they did before. What's typical? Making occasional
errors when balancing a checkbook.
3. Difficulty completing familiar tasks at home, at work or at leisure. People with Alzheimer’s often find it hard to complete
daily tasks. Sometimes, people may have trouble driving to a familiar location, managing a budget at work or remembering
the rules of a favorite game. What’s typical? Occasionally needing help to use the settings on a microwave or to record
a television show.
4. Confusion with time or place. People with Alzheimer's can lose track of dates, seasons and the passage of time. They
may have trouble understanding something if it is not happening immediately. Sometimes they may forget where they are
or how they got there. What's typical? Getting confused about the day of the week but figuring it out later.
5. Trouble understanding visual images and spatial relationships. For some people, having vision problems is a sign of
Alzheimer's. They may have difficulty reading, judging distance and determining color or contrast. In terms of perception,
they may pass a mirror and think someone else is in the room. They may not recognize their own reflection. What's typical?
Vision changes related to cataracts.
6. New problems with words in speaking or writing. People with Alzheimer's may have trouble following or joining a
conversation. They may stop in the middle of a conversation and have no idea how to continue or they may repeat
themselves. They may struggle with vocabulary, have problems finding the right word or call things by the wrong name
(e.g., calling a watch a "hand clock"). What's typical? Sometimes having trouble finding the right word.
7. Misplacing things and losing the ability to retrace steps. A person with Alzheimer’s disease may put things in unusual
places. They may lose things and be unable to go back over their steps to find them again. Sometimes, they may accuse
others of stealing. This may occur more frequently over time. What's typical? Misplacing things from time to time, such
as a pair of glasses or the remote control.
8. Decreased or poor judgment. People with Alzheimer's may experience changes in judgment or decision making. For
example, they may use poor judgment when dealing with money, giving large amounts to telemarketers. They may pay
less attention to grooming or keeping themselves clean. What's typical? Making a bad decision once in a while.
9. Withdrawal from work or social activities. A person with Alzheimer's may start to remove themselves from hobbies,
social activities, work projects or sports. They may have trouble keeping up with a favorite sports team or remembering
how to complete a favorite hobby. They may also avoid being social because of the changes they have experienced. What's
typical? Sometimes feeling weary of work, family and social obligations.
10. Changes in mood and personality. The mood and personalities of people with Alzheimer's can change. They can become
confused, suspicious, depressed, fearful or anxious. They may be easily upset at home, at work, with friends or in places
where they are out of their comfort zone. What's typical? Developing very specific ways of doing things and becoming
irritable when a routine is disrupted.
For more information, go to alz.org/10signs or call 800.272.3900.
This is an official publication of the Alzheimer’s Association but may be distributed by unaffiliated organizations or individuals. Such distribution does not constitute an
endorsement of these parties or their activities by the Alzheimer’s Association.
Copyright 2009 Alzheimer’s Association. All rights reserved.
9
PFAC Fall 2014
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PFAC Communication Committee
(ComCom) Updated:
Our Progress in Promoting PFAC
By Gary Loebner and Tom Behr, CoChairs
Led by Chairmen Gar y Loebner and Tom Behr, the six−member 2014−15
PFAC Communications Committee has been hard at work to make sure we’re
helping to bolster our reputation as fiduciaries, introduce the profession to
key audiences, attract new members and provide opportunities for visibility
to existing members.
HERE IS A QUICK UPDATE ON OUR RECENT PROGRESS:
WEBSITE
Gary Loebner has been the Committee point person to manage the transition
of content from the former PFAC hosts at AMG to the new home of the site,
now managed by JBS.
Co−Chair:
Gary Loebner
650−961−3368
[email protected]
Detailed updates and suggestions from all committee members have been
compiled and delivered to JBS for inclusion in the update. While the project
is not yet complete, a visit to our site will already show updated functionality
as well as a cleaner look and feel. Keep checking back with us as we
continue to improve our website.
Also, we hope you visit the Member Communications Kit, our online home
for important policy documents, as well as tips for promoting your business.
Right now this page features PFAC guidelines for how to use our name and
logo, as well as tips for participating in our online forums, and even a sample
press release for new members to adapt when they join our organization. We
expect this area to grow and include more resources for you, so stay tuned!
SPEAKER’S BUREAU
Our Speaker’s Bureau is at the center of our planned activity for the
remainder of the year and into the spring.
Led by committee member Gloria Kosbie, with support from Kamer Group’s
Jane Sacco, plans are underway to identify and pitch a number of speaking
engagements and forums across the state, to promote PFAC to our
previously identified key audiences.
We’re always looking for places to present in our communities, and there is a
chance we may even want to partner with you to present at one of them. If
you have any ideas for forums where we could present in your community (your
local chapter of the Estate Planning Council or Financial Planners Association,
etc.) please send them to Jane Sacco ([email protected]). Otherwise,
stay tuned for more news on this exciting front!
PODCASTS
At last year’s conference, we captured nearly 20 PFAC members on video,
each providing their professional fiduciary tips and working knowledge on
topics of interest to internal and external audiences. Now, we as a
committee are strategizing on how best to feature and promote these clips,
with many of them likely being featured right here in the member newsletter,
on the PFAC website, and in the organization’s YouTube account. The
strategy is to provide our members with real−life, on the ground case studies
so you may improve your knowledge and practice, as well as to have a forum
with which to showcase our members’ expertise to key external audiences
and promote our members value as professional fiduciaries.
Co−Chair:
Tom Behr
858−566−1661
[email protected]
Submit Your Chapter Meetings &
Region Education Days For the
Website Master Calendar
Let all the PFAC members and other
fiduciaries know about your local
education programs by posting them to
the PFAC website Master Calendar.
When the chapter has an application
approved, email the application and CEU
approval as a PDF as soon as possible,
so it can be added it to the calendar. If
the chapter has a series of meeting
dates set, send them to Kamberly Fix
and she will post them all now for your
member’s forward planning.
Send meetings with approved CEU’s and
other events you would like posted on the
Master Calendar to [email protected]
If a posted meeting cancels, let Kamberly
know so she can mark it as cancelled on
the calendar.
11
PFAC Fall 2014
What is PFAC?
PFAC is an alliance of over 600
professional fiduciaries serving in the
roles of conservator, trustee, estate
administrator and/or care manager.
Because of the growing population of
elderly Californians and the diversity
of our clients’ needs, PFAC members
rely on professionals in a wide variety
of fields and industries, including
psychiatric care, estate appraisal,
medical care, tax preparation, real
estate, funeral ser vices, and many
others.
PFAC is on the leading edge of
legislative advocacy, continuing
education, and member support,
while building public awareness of
professional fiduciaries and the
important services they provide.
Caregiver Checklist for Finding
an Adult Day Program
The process of finding the right place for your loved one can be overwhelming. Here is a handy guide you can print to help you select the best
adult day program to meet your own family’s needs.
Staff
• What is the ratio of staff to participants?
• Does the staff have specific training in dementia care?
• Does the staff show interest in individual participants?
• Is the staff courteous and treat everyone with dignity and respect?
• Is privacy respected?
Activities
• Is there adequate space to accommodate group activities?
• Are the activities therapeutic, such as activities specifically to engage
both the mind and body?
• Do the activities cover a variety of interests?
• Are there enough activities throughout each day to keep your loved one
engaged and social?
Pictures from 2014 conference
• Do participants spend time outdoors, weather permitting?
• Are there support services for caregivers, such as lending libraries and
weekly support groups, to help the caregiver best manage at home?
Centers
• Is there transportation provided to and from the center? If so, is it an
additional cost?
• Does the center have a “good feel” – like a home away from home?
• Are the doors secured?
• Is there an alarm system or other security measure to ensure no one
can wander off the premises?
• Are the rooms clean? Is there an obvious odor reflecting poor
housekeeping?
• Is there adequate ventilation?
• Is there an outdoor patio so the participants can get fresh air?
• Are halls and restrooms wide enough to accommodate walkers and
wheelchairs?
• Are floors clean and non−slippery? Is the kitchen area clean and food
handled safely?
• Is the dining area pleasant, comfortable, clean and easily accessible?
• Are participants encouraged to eat nutritional meals and snacks that
the center provides?
• Are tables convenient for wheelchairs?
• Are the meals and snacks appropriate for your loved one? Does the food
appear appetizing
• Are bathrooms conveniently located? Do they have handgrips or rails
near the toilets?
This list is produced by The Glenner Memory Care Centers of San Diego County with help from Southern
Caregiver Resource Center.
PFAC Fall 2014
12
PFAC 2015 ANNUAL CONFERENCE
“Celebrate the Past & Build a Bridge to the Future”
By Susan Gibson, PFAC Conference Manager
As many of you already know, the PFAC 2015 Annual Educational
Conference will be held April 22−25, 2015 at the Hyatt Regency San
Francisco Airport in Burlingame, California. The Hyatt Regency is the
largest airport convention hotel in Northern California and is conveniently
located only 2 miles south of the San Francisco International Airport.
Complimentary shuttle service is provided both to and from this airport.
San Francisco is also easily accessible by taking BART from the airport
(only a 25 minute ride).The PFAC Board, Conference Committee and staff
helped select this location because of its easy access, great meeting space
and award winning ser vice. This 4 Diamond, 9 stor y hotel, with 789
guestrooms sits directly across from the San Francisco Bay.
Susan Gibson
PFAC Conference Planner
949−497−3673 ext 610
[email protected]
The Hyatt’s outstanding Atrium features a soothing waterfall with live
plants and trees throughout. The Swiftwater Deli and Café is open
daily for breakfast, lunch and dinner and Knuckles Historical Bar
features 23 flat screen TV’s to catch your favorite games, beers on
tap and a full pub menu. Immediately around the hotel, enjoy many
unique restaurants and bars within walking distance. And if you’re
interested in exploring Burlingame, hop on the free Burlingame Trolley
for a ride to quaint shopping, dining and entertainment.
PFAC is also celebrating 20 years! Yes, PFAC started in 1995 and
here we are 20 years later with over 600 members, managing over 8
billion in assets. It’s exciting to be involved in an industry that’s
vibrant and growing. The Conference Committee is working diligently
to plan the best educational and networking opportunities for all
levels of fiduciaries. There are over 30 educational sessions planned
as well as time to connect with fellow fiduciaries and welcomed sponsors,
exhibitors and advertisers. This is California’s leading industry event for
fiduciaries. We encourage you to go the PFAC website and register now!
www.pfacmeeting.org
Hyatt Regency
San Francisco Airport
Burlingame, CA
www.pfac-pro.org
Conference Deadlines
December 19, 2014
Sponsor−Exhibitor−Advertising Early Bird 10% Discount Ends
January 30, 2015
“Early Bird” Conference Attendee Registration Ends
March 2, 2015
Exhibitor FREE Badge Registration Closes
March 2, 2015
Exhibitor Booth Reservation Closes
March 2, 2015
Last Day to Submit Ad Artwork & Company Write Ups for
Conference Program Book
March 3, 2015
Exhibitor PAID Badge Registration Begins
March 20, 2015
“Standard” Conference Attendee Registration Prices End
March 20, 2015
Last Day to Transfer a Registration Between Employees of
a Company
March 20, 2015
Deadline for Group Discount Hotel Rooms, (if rooms
still available)
March 23, 2015
“Late Conference Attendee Registration Prices Begin
13
PFAC Fall 2014
BRAUN: A Fiduciary Case Study
By Todd Wohl, ASA, NAA, BRE
Recognizing BRAUN’s reputation and expertise in the market, a Fiduciary
hired BRAUN to sell a multi−family property. This client had a need to
complete a sale within a certain time frame, so BRAUN’s expert marketing
team worked quickly to develop a bespoke marketing campaign designed
specifically for the property. The marketing campaign was unique and
exhaustive, and included targeting owners of multi−family properties,
agents, brokers, and commercial investors WORLDWIDE. Special creative
was designed to market this property and distributed via direct mail, the
MLS, as a Loopnet featured listing, Zillow.com, Trulia, Realtor.com, Redfin
Todd Wohl
866−568−6638 ext 228
[email protected]
and a targeted email campaign that reached over 480,000 contacts.
BRAUN’s dedicated sales staff placed over 1,000 outbound phone calls
to Brokers and Agents in Southern California, and multiple open houses
were held. The results were overwhelming. Over 250 interested buyers
toured the property, and 20 fully qualified buyers presented offers for
consideration. More than half of the offers were more than the asking
price! A buyer was secured, who paid all cash and closed well within the
desired timeframe. BRAUN’s expertise spans unique valulation, brokerage
and auction of commercial and residential properties throughout California
and the United States. Learn how fiduciaries use Braun’s ser vices to
protect themselves from unforseen legal and client issues. Contact us
for a consultation.
Braun was a Bronze Sponsor at the 2014 PFAC Annual Conference and is an Exhibitor at
the 2015 PFAC Annual Conference in San Francisco.
October is Breast Cancer Awareness Month
HELP SAVE A LIFE!
15
PFAC Fall 2014
Welcome New Members
NORTHERN REGION
Associate
Michael Lawson
Manteca, CA
209−824−0170
[email protected]
Elvira Orly
El Cerrito, CA
510−384−5606
[email protected]
Affiliate
Raj K. Ditta
Pinole, CA
570−417−2584
[email protected]
Eileen O’Brien
Half Moon Bay, CA
408−839−2742
[email protected]
Kathryn Pernet
Marina, CA
831−236−5241
[email protected]
Keith Settle
Agoura, CA
818−707−1981
[email protected]
Steven Hackett
Belmont, CA
650−339−0951
[email protected]
Associate to General
Dean Lipsitz
Sebastopol, CA
510−798−5201
[email protected]
Jeffrey Chow
Morgan Stanley Wealth Management
Cupertino, CA
408−861−2010
[email protected]
Steven Minchen
Sotheby’s International Realty
Danville, CA
415−690−0352
[email protected]
James Tinsley
True Link Financial
San Francisco, CA
415−685−4258
[email protected]
Affiliate Corp.
David Clarke and Scott Hampton
Clarke Hampton Investment Group of
Wells Fargo Advisors, LLC
925−253−4300
[email protected];
[email protected]
Francesca Wood and Meredith Brown
Live Home
Walnut Creek, CA
925−296−0406
[email protected]
[email protected]
General
Jeff Maltz and Caroline Cua
San Francisco, CA
415−861−7433
[email protected]
[email protected]
Loretta L. Hefner
Pleasant Hill, CA
925−262−4250
[email protected]
Updating your Membership Profile on the PFAC Website
You can update all of your member profile information on the website with just a few clicks.
• On the www.PFAC−PRO.org Home page, click Members Only.
• Look at the drop down menu for “Member log in”. Click on that. Your Log in is your
PFAC Member ID (not your state license #).
• Enter your password. It is case sensitive.
• Click on Log in.
• Go to top of page and click Members Only.
• Look at the drop down menu for “Update Profile”. Click on that.
• Make the changes you need.
Congratulations! Your profile has been updated!
PFAC Fall 2014
16
SOUTHERN REGION
Associate
Anjanette LeDent
Coastal Fiduciary Services
Sunset Beach, CA
714−337−7504
[email protected]
Rajendra (Bob) Pershadsingh
Realty Dynamic, Inc.
Santa Barbara, CA
805−722−8257
[email protected]
Affiliate
Susan Caldwell
Walnut Acres Residential Care
Walnut Acres Companion and
Care Services
Woodland Hills, CA
818−903−6445
[email protected]
Phil Seymour
The Seymour Group/
Elite Properties Realty
Beverly Hills, CA
310−271−4040 ext 130
[email protected]
General
Jacquelyn Quinn
Santa Barbara, CA
805−966−3312
[email protected]
SAN DIEGO REGION
Associate
Deborah A. Rossi
San Diego, CA
619−822−4325
[email protected]
Affiliate
Dave Morris
AppraiseNet Group, Inc.
San Diego, CA
619−940−7015
[email protected]
General
Jodi M. Bernstein
Carlsbad, CA
760−994−9117
[email protected]
ICS – Insured Cash Sweep
Strategies to ensure that funds are generating a yield
in a secure way with ease in management
We understand that as a Fiduciary you are the steward for your clients’
funds and FDIC insurance coverage is an important factor in the placement
of those funds. As your Bank, we understand that protecting your clients’
funds is important.
As such, Torrey Pines Bank can provide you the Insured Cash Sweep ®
(ICS), offering flexibility and convenience in managing your fiduciar y
relationships through an interest−bearing, fully liquid, insured money market
account. The ICS account:
• Competitive rates on money market accounts
• are protected by the full faith and credit of the United States
government and;
• no depositor has ever lost a penny of FDIC−insured funds.
With the ICS money market account you can withdraw funds up to six times
per month; you can make deposits
into the account as usual.
Implementation is easy: we just add an ICS Agreement to an existing or
new account, and then we direct the deposits to interest−bearing accounts
at other participating banks in amounts under $250,000.
We at Torrey Pines Bank would appreciate the opportunity to further explore
how ICS can work for you.
CONTACT US TODAY:
Los Angeles: 213−362−5200
San Diego: 858−523−4600
San Francisco Bay Area: 510−899−7500
Depression and Suicide have been in
the news recently. These are just a
few, of the many 24-Hour Crisis Lines.
Los Angeles
1-800-854-7771
24-Hour Crisis Line
Orange County
1-866-830-6011
24-Hour Crisis Line
Sacramento
1-888-881-4881
24-Hour Crisis Line
Sonoma
1-800-746-8181
24-Hour Crisis Line
San Diego
1-888-724-7240
24 Hour Crisis Line
(Placement of your funds through the ICS service is subject to the terms, conditions, and
disclosures set forth in the agreements, including the ICS Deposit Placement agreement that
you enter into with us. Limits and customer eligibility criteria apply. Program withdrawals
are limited to six per month when using the ICS savings option. ICS and Insured Cash Sweep
San Francisco
1-800-273-8255
24-Hour Crisis Line
are registered service marks of Promontory Interfinancial Network, LLC)
Torrey Pines Bank is a division of Western Alliance Bank. Member FDIC
Torrey Pines Bank was Exhibitor and Gold Sponsor for the
2014 PFAC Annual Educational Conference in San Diego.
17
PFAC Fall 2014
real estate
solutions for
professional fiduciaries
Success doesn’t just happen...
it’s achieved
“Whether it’s selling Residential, Multi-Family,
or Commercial Real Estate, the Seymour group
will ensure your transactions close and your
objectiv es are met.”
the Seymour group
Elite Properties Realty
Contact: Phil Seymour, Executive Vice President
Phone: 310.271.4040 Ext. 130
Email: [email protected]
Member of Professional Fiduciaries Association of California (PFAC)
148 S. Beverly Drive
Member of the Board of Directors and Sponsor of the California Receivers Forum
Beverly Hills, California 90212
Sponsor / Member of National Association of Federal Receivers (NAFER)
www.theseymourgroup.net
Sponsor / Member of the California Bankruptcy Forum
BRE#00630158
PFAC REGION & CHAPTERS
NORTHERN REGION
Leslie Byrne, President
510−635−0355
[email protected]
SOUTHERN REGION
James Sullivan, President
310−792−8838
[email protected]
Central San Joaquin Valley Chapter
Ronald Dicken
559−732−0759
[email protected]
Central Coast Chapter
Wendy Edmunds, Co−Chair
805−965−2345
[email protected]
East Bay Chapter
www.pfaceb.org
Meredith Taylor
510−352−6000
[email protected]
Kathryn Glenn, Co−Chair
805−904−6670
[email protected]
A Little Play Acting ... Robert Rules Learned ...
Desert Chapter
Ronald Olund
760−323−8857
[email protected]
A Forward Look ... Good Chinese Food
Inland Empire Chapter
Art Passante, Co−Chair
760−200−3800
[email protected]
Jackie Miller & AMG ... Imagining
Feather River Chapter
Susie Below
530−532−1757
[email protected]
Sacramento Chapter
Dawn Akel
916−686−7804
[email protected]
San Francisco Chapter
David Keeler, Co−Chair
415−713−4811
[email protected]
Aishlin O’Coyle, Co−Chair
415−221−2864
[email protected]
San Joaquin Valley Chapter
Mark Olsen
209−768−7044
[email protected]
San Mateo Chapter
Steve Chandler, Co−Chair
650−344−3233
[email protected]
Pam LoCoco, Co−Chair
650−529−9600
[email protected]
Leadership Training Day ...
Lots of Discussion ... Plenty of Listening ...
An Engaging Ethics Presentation ...
and Time to Talk ... PFAC’s Strength
In Its Leaders ... Many Thanks & Good Bye to
the Next Decade .. A Fruitful Day
Robin Shea, Co−Chair
951−765−1000
[email protected]
Long Beach Chapter
Wendy Hatch, Co−Chair
562−435−0018
[email protected]
Tim Mock, Co−Chair
562−433−3677
[email protected]
Orange County Chapter
Herb Cohen, Co−Chair
[email protected]
Emma Kresser, Co−Chair
949−951−7297
[email protected]
San Gabriel Valley Chapter
Annabelle Wilson, Co−Chair
626−792−1664
[email protected]
Santa Rosa Chapter
William Zuur
707−539−2216
[email protected]
John Cooper, Co−Chair
626−888−2255
[email protected]
Silicon Valley Chapter
www.pfacsv.org
Eric Hersh, Co−Chair
[email protected]
Southern San Joaquin Chapter
Greg W. Honegger
661−387−9954
[email protected]
Will Hoggan, Co−Chair
408−712−9457
[email protected]
SAN DIEGO REGION
Jeanette Servin, President
858−204−2784
[email protected]
FIRST ROW: Left to Right: Marilyn Bessey, President; Martin Wixson
and Donna Verna,
SECOND ROW: Left to right: John Cooper, Eric Hersh, Dusty White,
Steve Chandler, Anabelle Wilson, Emma Kresser, Mark Olson,
Susan Ghormley, Pam Lococo, and Aishlin O’Coyle
THIRD ROW: Norine Boehmer, Rita Michael, Jeanette Servin,
Scott Phipps, Leslie Byrne, Joyce Anthony, Debra Dolch and
Jim Sullivan,
FOURTH ROW: Gary Loebner
www.pfac-pro.org
19
PFAC Fall 2014
Northern California
By Leslie M. Byrn, CLPF, Northern California Region President
On September 10th the NorCal Education
Day that was held at the South San
Francisco Conference Center. Debra Dolch
and David Keeler did an excellent job at
co−chairing the event. We had over 125
participants from all over the region earn up
to 7.5 hrs of CEUs, with a focus on Person
and Ethics.
Our next Regional Dinner and Speaker will
be on January 15, 2015 hosted by the San
Francisco Chapter. Location and Speaker TBA.
Leslie M. Byrne
On April 22, 2015 the NorCal region will be hosting the
20th Annual Educational Conference at the San
Francisco Airport Hyatt Regency. The Conference
Committee met at the hotel in early September and are
excited about the event.
There will be changes to the conference−most of
it from feedback from the 2014 Conference.
There will be larger break out rooms, balanced
class offerings (Person, Estate, Trust, Ethics,
etc), additional Night Owl choices, less walking
and no 3 hr sessions. Co−Chairs: David Keeler,
Leslie Byrne and Art Passante. Program
co−chairs Debra Dolch & Richard Lambie,
Fundraising co−chairs: Cecilia Mason & Kellie
Hayes Marketing: Jennifer Keystone and
Hospitality: Julie Menack and Dean Lipsitz.
Please contact one of the chairs if you’d be interested in
helping with this event.
RE GION
REPOR TS
Southern California
By James Sullivan, Southern California Region President
We have had an active quarter with many
learning and fellowship opportunities. In
addition to chapter meetings in Orange
County, Long Beach, San Gabriel and the
Inland Empire, brown bag lunches in the South
Bay, West side and the Valley provide a great
way to meet fellow fiduciaries and affiliates
and share experiences. The Southern Region
James
held a Regional Dinner at The Grand in Long
Beach in July 22, 2014 and 65 PFAC members, affiliates
and guests attended. The next Regional Meeting is
scheduled to be on Tuesday, October 21. The location,
topic and time will be announced shortly.
The Southern Region Educational Day at the Petroleum
Club in Long Beach on September 20th was a great
success with more than 70 in attendance. Many thanks
to the program Co−Chairs Wendy Hatch and Bill Gamble
for putting together a fantastic program titled “Everything
You Need To Know To Handle A Decedent’s Estate”. Thank
you to the following presenters, in the order of their
presentation:
• Frank Acuna, Esq. − Duties and Responsibilities of
the Attorney & the Representative
PFAC Fall 2014
20
Sullivan
• Sam Hlavaty, CLPF − Primary Duties of
Representative the First 6 Months
• Nancy Sanborn, Realtor, and Lynard (Lyn)
Hinojosa, Esq. − Real Estate Management
in the Decedent Estate
• William (Bill) Gamble, III, CLPF − Tax
Administration in Probate Estate
• Jennifer Sawday, Esq., and Bill Gamble,
CLPF − Final Accounting, distribution,
receipts, discharge & closing
The following sponsors generously contributed to the
Education Day and deserve our consideration when seeking
services they offer:
• Bond Services of California
• Beach Equities Real Estate, The Fingerhut Team
• One West Bank, Chris Lee
• Onisko & Scholz, LLP, CPAs
• Prudent Investors Network
• Tredway, Lumsdaine & Doyle, LLP, Legal Counsel
Thank you to our regional board, chapter and brown bag lunch
leaders and organizers, presenters, sponsors and the many
others that help our membership and contribute in so many
ways. PFAC is a valuable resource thanks to our members.
Addressing Complex Borrowing
Challenges: Success Stories from
First Probate Loans
By Jonathan Brooks, President − First Probate Loans
Working with fiduciaries and their attorneys to borrow on behalf of trusts and
estates is no small matter with complex probate, national and local real
property, and finance lending laws. First Probate Loans manages the probate
financing process for short−term loans to trusts and estates, post−property
distribution loans, and distributions of trusts and estates.
Jonathon Brooks
310−487−6944 direct
818−788−2308 office
[email protected]
The following examples illustrate the firm’s highly specialized expertise in
assisting fiduciaries, and its reputation for resolving challenging and difficult
problems.
•
Paying for conservatorship costs: A PFAC member was appointed
conservator of an estate with real property valued at $400,000. The
fiduciary obtained a court order to borrow $200,000 from First Probate
Loans to pay for the ongoing costs of the conservatorship.
•
Helping heirs keep the family home: In a case where a PFAC member
was named the court−appointed administrator of a decedent’s estate,
intestate heirs wanted to keep the family home. The estate, however,
had no liquidity to pay administration expenses, including attorney fees,
administrator commissions and creditor claims. The member was able
to obtain a court order to borrow $50,000 from First Probate Loans.
Fees, commissions and claims were ordered paid, with the property
distributed subject to the First Probate Loans lien. Probate Loans then
arranged long−term financing for the heirs.
•
The PFAC member netted the trust
estate $1.7−1.8 million from her
ser vices, the sale and the First
Probate Loans financing.
Netting profits for a trust estate: A PFAC member was named the
court−appointed successor trustee (and conservator) of an estate with
real property valued at $1.7 million. The first trust deed was $1 million;
the member and her attorneys negotiated down a Franchise Tax Board
lien of $1.5 million to $100,000. She obtained a court order for a
second trust deed, which First Probate Loans funded, to pay off the
lien. The court approved the sale of the property for $2.2 million. The
PFAC member netted the trust estate $1.7−1.8 million from her
services, the sale and the First Probate Loans financing.
Fiduciaries looking to borrow on behalf of trusts and estates, and obtain
loans at competitive rates, need a partner that can navigate complicated
waters effectively and efficiently. Finding the right firm results in positive
results for all parties.
First Probate Loans was an Exhibitor and Bronze Sponsor for the 2014 PFAC Annual Educational
Conference in San Diego and is an Exhibitor and Bronze Sponsor for the 2015 PFAC Annual
Educational Conference in San Francisco.
21
PFAC Fall 2014
P ro fe s s i o n a l F i d u c i a r y A s s o c i a t i o n o f C a l i fo r n i a
9 5 4 L a M i ra d a S t .
Laguna Beach, CA 92651
P: 949-497-3673
T: 8 6 6 - 8 8 6 - 7 3 2 2
w w w. p f a c - p ro . o r g