California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 41 - Professional Fiduciaries Bureau
Article 4 - Code of Ethics
Section 4478 - Residential Placement
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The provisions under this section apply to those licensed fiduciaries acting in the capacity of a conservator, guardian, or agent under durable power of attorney for health care.
(b) The licensee shall be informed and aware, and consider the options and alternatives available when establishing the consumer's place of residence.
(c) The licensee shall use every reasonable good faith effort to ascertain the desires of the consumer prior to making any decisions when establishing the consumer's residence, unless doing so would violate the licensee's fiduciary duties to the consumer or impose an unreasonable expense on the estate.
(d) If after every reasonable good faith effort the desires of the consumer cannot be ascertained or if exercising them would violate the licensee's fiduciary duties to the consumer or impose an unreasonable expense on the estate, the licensee shall select the least restrictive and appropriate residence that is available and necessary to meet the needs of the consumer that are in the best interest of the consumer.
(e) The licensee shall not remove the consumer from his or her home or separate the consumer from family and friends unless such removal is appropriate and in the best interest of the consumer.
(f) The licensee shall seek professional evaluations and assessments whenever appropriate to determine whether the current or proposed placement of the consumer represents the least restrictive and appropriate residence that is available and necessary to meet the needs of the consumer that are in the best interest of the consumer.
(g) The licensee shall monitor the placement of the consumer on an on-going basis to ensure its continued appropriateness, and shall make changes whenever necessary that are in the best interest of the consumer.
(h) The licensee shall take all action necessary to protect the consumer from financial and/or physical harm or abuse.
1. New section
filed 11-2-2007 as an emergency; operative 11-2-2007 (Register 2007, No. 44). A
Certificate of Compliance must be transmitted to OAL by 4-30-2008 or emergency
language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 11-26-2007 order, including
amendment of subsections (b)-(d) and new subsection (h), transmitted to OAL
4-24-2008 and filed 5-19-2008 (Register 2008, No.
21).
Note: Authority cited: Sections 6517 and 6520, Business and Professions Code. Reference: Section 6520, Business and Professions Code.
