General Provisions
Cal. PROB § 2112
California Statutes
(a)
(1) In addition to other remedies available under statutory or common law, if the court finds that a conservator who is a professional fiduciary licensed by the Professional Fiduciaries Bureau has abused a conservatee, the conservator shall be liable for a civil penalty of up to ten thousand dollars ($10,000) for each separate act of abuse, payable to the estate of the conservatee.
(2) In addition to other remedies available under statutory or common law, if the court finds that a conservator who is not a professional fiduciary licensed by the Professional Fiduciaries Bureau has abused a conservatee, the conservator shall be liable for a civil penalty of up to one thousand dollars ($1,000) for each separate act of abuse, payable to the estate of the conservatee. (
b) If the court finds that a professional fiduciary has abused a conservatee, or if the court imposes a penalty on the professional fiduciary, including, but not limited to, surcharging, punishing for contempt, suspending, or removing the professional fiduciary as a conservator for cause, the court shall report that finding or penalty to the Professional Fiduciaries Bureau.
If the court reports an action taken under this section, the court shall provide the bureau, at no charge, with access to the information, including confidential information, regarding its investigation of the professional fiduciary contained in court records. The bureau shall maintain the confidentiality of the information, as required by paragraph (4) of subdivision (
a) of
Section of the Business and Professions Code or any other applicable state or federal law. (
c) For purposes of this section, the following
definitions apply: (1) “Abused” means that the conservator engaged in
an act described in
Section 15610.07 of the Welfare and Institutions Code. (2) “Professional fiduciary” has the same meaning as defined in
Section of the Business and Professions Code. (
d) A superior court shall not be required to perform any duties imposed pursuant to this
section until the Legislature makes an appropriation identified for this purpose.