To: Anna Caballero, Secretary CA Business, Consumer Services, and Housing Agency, Densie Brown, Director CA Dept. of Consumer Affairs, Julia Ansel, Chief CA Professional Fiduciaries Bureau, Barbara de Vries, Fiducairy Bureau Advisory Committ...
DEMAND THAT THE CA FIDUCIARIES BUREAU ENACT STRICTER CONSUMER PROTECTIONS FOR THE VULNERABLE CALI...
Julia Ansel, (a licensed fiduciary), and the newly appointed Chief of the California Dept. of Consumer Affairs Professional Fiduciaries Bureau claims that the Fiduciaries Bureau has no legal authority for force a licensed fiduciary in California to provide reasonable and necessary needs to the vulnerable clients of guardians, conservators, trustees, and power of attorney holders, thereby denying vulnerable California consumers consumer protection mandated by California Senate Bill (SB) 1550 2006 ch. 491, Business & Professions Code § 6516, which states as follows: “Protection of the public shall be the highest priority for the bureau in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.”
On August 1, 2013, The California Dept. of Consumer Affairs Professional Fiduciaries Bureau released an internal survey at http://www.fiduciary.ca.gov/about_us/20130801_sps_materials.pd,
at attachment #1, page 6, which states the following:
• (1) There is not enough staff to work complaints timely and do proactive audits;
• (2) Increasingly complex investigations demonstrate the need In the future for a permanent Investigator;
• (3) When implementing enforcement, sometimes there are cases when the investigator cannot locate the licensee;
• (4) Need to Increase the budget for enforcement;
• (5) The Bureau lacks the funds to run a meaningful enforcement program.
In essence, the Calif. Dept. of Consumer Affairs admits to be LACKING THE FUNDS TO RUN A MEANINGFUL CONSUMER PROTECTION ENFORCEMENT PROGRAM. Which, in the proponent’s opinion, and experience, is total contradiction of the Governor’s signing message at http://www.courts.ca.gov/documents/sb_1550_signing_message.pdf,
which states as follows: “I am signing Senate Bill 1550 because I believe that it is important to protect California’s vulnerable population from the financial abuse of unscrupulous professional fiduciaries that seek to do intentional harm.”
Without further stricter authority to hold licensed guardians, conservators, trustees, and agents of power of attorney, we as proponents of this petition believe that there will continue to be ongoing physical, emotional, and financial abuse of the State of California’s frail, disabled, and elderly consumer of licensed guardians, conservators, trustees, and agents of power of attorney.
On August 1, 2013, The California Dept. of Consumer Affairs Professional Fiduciaries Bureau released an internal survey at http://www.fiduciary.ca.gov/about_us/20130801_sps_materials.pd,
at attachment #1, page 6, which states the following:
• (1) There is not enough staff to work complaints timely and do proactive audits;
• (2) Increasingly complex investigations demonstrate the need In the future for a permanent Investigator;
• (3) When implementing enforcement, sometimes there are cases when the investigator cannot locate the licensee;
• (4) Need to Increase the budget for enforcement;
• (5) The Bureau lacks the funds to run a meaningful enforcement program.
In essence, the Calif. Dept. of Consumer Affairs admits to be LACKING THE FUNDS TO RUN A MEANINGFUL CONSUMER PROTECTION ENFORCEMENT PROGRAM. Which, in the proponent’s opinion, and experience, is total contradiction of the Governor’s signing message at http://www.courts.ca.gov/documents/sb_1550_signing_message.pdf,
which states as follows: “I am signing Senate Bill 1550 because I believe that it is important to protect California’s vulnerable population from the financial abuse of unscrupulous professional fiduciaries that seek to do intentional harm.”
Without further stricter authority to hold licensed guardians, conservators, trustees, and agents of power of attorney, we as proponents of this petition believe that there will continue to be ongoing physical, emotional, and financial abuse of the State of California’s frail, disabled, and elderly consumer of licensed guardians, conservators, trustees, and agents of power of attorney.
Why is this important?
The Proponant is starting this peition because Julia Ansel, a licensed California Fiduciary, and the politically appointed Chief of the California Dept. of Consumer Affairs Fiduciaries Bureau has claimed that the Fiduciaries Bureau has no authority to force a guardian, conservator, trustee, agent of power of attorney to provide specific reasonable and necessary needs to the vulnerable clients thereof.