Which statement is not true about Ethics? || || || || || ||
a. Fiduciaries whose license is in good standing with the Professional Fiduciaries Bureau may be
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considered as alternatives to family members by probate judges. || || || || || || || ||
b. An ethical person does the right thing by conforming to professional standards of conduct.
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c. Ethical conduct is considered a “lower” standard of conduct than a legal standard.
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d. Conservators, both family members and professional fiduciaries, are expected to adhere to the
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Professional Fiduciaries Code of Ethics. || || || ||
Everyone appointed as a conservator, professional or not, must sign and acknowledge Judicial
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Council Form GC-348 DUTIES OF CONSERVATOR AND ACKNOWLEDGEMENT OF
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RECEIPT OF CONSERVATORS HANDBOOK. Answer: C || || || || ||
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In protecting the conservatee’s confidentiality, which of the following would the conservator not
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do?
a. Limit information disclosure only to what is necessary and relevant.
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b. Tell the conservatee’s ex-wife about his terminal illness.
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c. Refuse to discuss information that may be detrimental to the well-being of the client.
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d. Assist the conservatee in communicating sensitive information.
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The conservator “stands in the shoes” of the conservatee. Only that information that is in the
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best interest of the conservatee should be disclosed. Answer: B
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Which one of the following is an ethical issue for the conservator?
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a. Never exceeding your legal authority.
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b. Taking extra money out of the conservatee’s account for your expenses.
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c. Thorough and accurate documentation of your conservatee’s financial matters.
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d. Not being influenced by the un-ethical behavior of fellow professionals.
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It’s not your money. Don’t touch it. Expenses for the conservatorship estate should be paid with
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estate assets. Conservators who incur out of pocket expenses must include those in their petition
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for fees. Answer: B || || ||
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In hiring an attorney for the trust, which one of the following statements would not be a good
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choice?
a. Hire an attorney with experience in trusts.
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b. Get references from friends if you do not know an experienced trust attorney.
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c. Changing an attorney either in a court supervised trust requires the filing and the court approval
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of a Substitution of Attorney.
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d. An attorney with experience in real estate would be suitable.
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Attorneys, like many professionals, specialize in specific areas of the law. There are very few
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general practice attorneys. Answer: D || || || ||
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The administrative duties of a fiduciary do not include which statement?
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a. Knowledge that, in some instances, the terms of the trust override the CA Probate Code.
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b. Terms of the trust are to be followed explicitly, even if those terms dictate something illegal.
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c. The Court will evaluate your decisions concerning trust administration.
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d. Trust administrator is expected to fulfill their duties using care, skill and caution.
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When in doubt—PETITION THE COURT FOR INSTRUCTIONS. Answer: B
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The fiduciary is expected to remain impartial and in doing so, would not do which of the
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following?
a. Uphold the directives of the trust.
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b. Communicate fairly with each party.
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c. Follow directions from the heirs to invest aggressively in questionable stocks.
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d. Not allow your personal feelings to influence your decisions.
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Trusts can allocate certain powers to a beneficiary who is not named as a co-trustee. A
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beneficiary may have the power to direct specified investments or direct all investments leaving || || || || || || || || || || || || || ||
the trustee with bookkeeping responsibilities only. The beneficiary with these powers is held to
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the same standards for prudent investments. Answer: C
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Fiduciary responsibilities to the trust do not include which one of the following?
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a. Avoid adverse trust appointments, i.e. cannot become a trustee of another trust which is adverse
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in its nature to the first trust.
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