CA Fiduciary: Legal and Courts Latest Actual Exam
And Practice Exam With Complete 150 Questions And
Correct Detailed Answers| Brand New Version!
Under court supervision, the court investigator checks for what?
Whether the conservatee wants the conservatorship to end, if he/she
should still be in the relationship, and if the conservator is acting in
his/her best interest.
In determining if the fiduciary is acting on the best interest of the
conservatee, the court investigator will assess the restrictiveness of the
living situation, how well the conservatee's needs are being met, and
what kinds of resources are available to the fiduciary to assist him/her.
True, this is the investigator's role for reviewing the conservatee's best
interests.
What is the role of a probate referee?
Their role is to determine the value of noncash assets.
1|Page
,The general role of a fiduciary's/conservator's lawyer may only include
preparing inventories, accounts, reports, petitions, and representing
him/her in court as any other duty would impose a conflict of interest.
False. The lawyer may also file these reports on your behalf and attend
court hearings.
During the lifetime of a conservatorship, the court must receive
reporting which details the assets, the living arrangements of all related
persons to the conservatee, personal care plan, annual accounting, and
addresses of the person and guardian in this relationship.
Flase, the court may or may not require reporting on living
arrangements. Reporting requirements will be listed in the Letters of
Office.
If the court finds that the fiduciary is breaching statute, regulation, code
of ethics, it will notify the bureau, and it will impose administrative
citations, fines, and may suspend or revoke his/her license.
False, while the court may impose most of these, it does NOT have the
authority to suspend or revoke the license.
2|Page
,The Fiduciary Bureau may automatically revoke a license if it finds the
fiduciary did this.
If he/she has knowingly, intentionally, or willfully breach a
legal/fiduciary duty to a client that constitutes abuse, or cause serious
physical/financial/mental harm through gross
negligence/incompetence.
Fiduciary licenses may be suspended, revoked, or denied if the fiduciary
has convicted a felony, failed to notify the bureau of a conviction, or
committed fraud in obtaining a license/in line of work.
True, any of these acts will land the fiduciary in serious trouble.
In the case of resignation, a conservator must simply inform the
conservatee that he will no longer be serving, and inform the court
within five days. He/she should have a successor conservator lined up in
case the court refuses his reisgnation.
False. The conservator must file a petition before this can happen,
which the court usually accepts.
The court may remove a conservator for any of the following reasons
3|Page
, If the court finds that the conservator is failing or incapable of
performing their duties, or if the conservatee or his/her relatives ask
the conservator to be removed.
Even if a trust lists a fiduciary the ability to modify it, that power must
still be approved by the court.
True. Even if the power is listed in the trust, it may not be to the benefit
of the conservatee.
Who, in the court, is in charge of compelling compliance with laws and
rules of the court in probate law?
This is typically covered by the court examiner.
Who, in the court, is in charge of monitoring the conservatorship for the
court?
This is covered by the court investigator.
Why is it important to seek out mediation, or ADR (Alternative Forms of
Dispute Resolution), in fiduciary cases?
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And Practice Exam With Complete 150 Questions And
Correct Detailed Answers| Brand New Version!
Under court supervision, the court investigator checks for what?
Whether the conservatee wants the conservatorship to end, if he/she
should still be in the relationship, and if the conservator is acting in
his/her best interest.
In determining if the fiduciary is acting on the best interest of the
conservatee, the court investigator will assess the restrictiveness of the
living situation, how well the conservatee's needs are being met, and
what kinds of resources are available to the fiduciary to assist him/her.
True, this is the investigator's role for reviewing the conservatee's best
interests.
What is the role of a probate referee?
Their role is to determine the value of noncash assets.
1|Page
,The general role of a fiduciary's/conservator's lawyer may only include
preparing inventories, accounts, reports, petitions, and representing
him/her in court as any other duty would impose a conflict of interest.
False. The lawyer may also file these reports on your behalf and attend
court hearings.
During the lifetime of a conservatorship, the court must receive
reporting which details the assets, the living arrangements of all related
persons to the conservatee, personal care plan, annual accounting, and
addresses of the person and guardian in this relationship.
Flase, the court may or may not require reporting on living
arrangements. Reporting requirements will be listed in the Letters of
Office.
If the court finds that the fiduciary is breaching statute, regulation, code
of ethics, it will notify the bureau, and it will impose administrative
citations, fines, and may suspend or revoke his/her license.
False, while the court may impose most of these, it does NOT have the
authority to suspend or revoke the license.
2|Page
,The Fiduciary Bureau may automatically revoke a license if it finds the
fiduciary did this.
If he/she has knowingly, intentionally, or willfully breach a
legal/fiduciary duty to a client that constitutes abuse, or cause serious
physical/financial/mental harm through gross
negligence/incompetence.
Fiduciary licenses may be suspended, revoked, or denied if the fiduciary
has convicted a felony, failed to notify the bureau of a conviction, or
committed fraud in obtaining a license/in line of work.
True, any of these acts will land the fiduciary in serious trouble.
In the case of resignation, a conservator must simply inform the
conservatee that he will no longer be serving, and inform the court
within five days. He/she should have a successor conservator lined up in
case the court refuses his reisgnation.
False. The conservator must file a petition before this can happen,
which the court usually accepts.
The court may remove a conservator for any of the following reasons
3|Page
, If the court finds that the conservator is failing or incapable of
performing their duties, or if the conservatee or his/her relatives ask
the conservator to be removed.
Even if a trust lists a fiduciary the ability to modify it, that power must
still be approved by the court.
True. Even if the power is listed in the trust, it may not be to the benefit
of the conservatee.
Who, in the court, is in charge of compelling compliance with laws and
rules of the court in probate law?
This is typically covered by the court examiner.
Who, in the court, is in charge of monitoring the conservatorship for the
court?
This is covered by the court investigator.
Why is it important to seek out mediation, or ADR (Alternative Forms of
Dispute Resolution), in fiduciary cases?
4|Page
