Can i get help with my practice exam? I wanna compare it to mine but i have nobody to do it with.

Practice quiz for final Question 1 (2 points) What are the two main goals of estate planning?

Question 1 options: (write here)

Question 2 (2 points) You are a paralegal at an estate planning firm. Emery is your supervising attorney. Potential new client Skye calls to make an appointment. You should:

Question 2 options:

Tell Skye that calling the firm is the right idea -- all people need estate plans, and the firm will be happy to help

Check Emery's calendar for the first available appointment and get the meeting scheduled

Follow the firm's specific procedure regarding potential new clients

Inquire about the goals for the representation, take basic biographical information, and relay it all to Emery

Question 3 (2 points) Skye ends up meeting with Emery and asks what the options are in Arizona to draft valid Will. Emery's correct response would be:

Question 3 options:

Arizona recognizes only formal Wills executed with all necessary statutory requirements

Arizona recognizes any Will, as long as the intent of the testator is clear

Arizona recognizes oral Wills, holographic Wills, and formal Wills executed with all statutory requirements

Arizona recognizes holographic Wills and formal Wills executed with all statutory requirements

Question 4 (2 points) Skye asks Emery what is meant by the term "holographic Will." Emery should respond:

Question 4 options: (Select multiple)

A signed document with material provisions written in testator's own handwriting

A document written on paper entirely in the testator's own handwriting, dated, signed

A document written in the blood of testator that passes a DNA test

A document in testator's handwriting that lists gifts of tangible personal property and the individuals to whom they are to be given

Question 5 (2 points) Syke tells Emery that a neighbor friend said having a Will avoids probate. The neighbor's advice is:

Question 5 options: True False Question 6 (4 points) Emery goes on to explain the probate process in Arizona. Which of the following are correct (select all that apply):

Question 6 options: (Select multiple)

Probate in Arizona usually takes four years or more

Wills can change the distribution of assets to options other than the statutory defaults

Wills that go through probate become part of the public record

Certain procedures are required by statute, which in some circumstances can be a good thing

Probate in Arizona always costs tens of thousands of dollars

All heirs of the decedent must be notified

A Personal Representative (a/k/a "executor") is appointed in every probate

Probate in Arizona takes a minimum of four months

Question 7 (2 points) Emery learns there are other concerns. Skye's mother, Madge, is having some memory issues. Skye would like Madge to make a new Will. Which of the following would be required of Madge:

Question 7 options:

Her spouse's consent

Knowledge of the natural objects of her bounty

Ability to list bank accounts and their numbers

A doctor's note attesting to her capacity

Question 8 (2 points) Emery asks if Madge has a health care power of attorney and/or a living will. What's the common term for these documents?

Question 8 options:

Advanced directives

Surrogate decision maker elections

Health style documents

Advance directives

Will-to-live documents

Question 9 (4 points) Emery says that, given Madge's probable decline, it would be good to have her discuss her wishes for care now and put them in writing in a Living Will, which . . . (select all that apply) (Select multiple)

Select 4 correct answer(s) Question 9 options:

Might be called an "end of life statement"

Could be on a form provided by the State of Arizona

Must be executed the same way as a health care power of attorney, with 2 witnesses and a notary.

Would apply whenever treatment is needed

Would detail how specific assets are to be distributed after her death

Would detail treatment (or wishes not to have treatment) if in a terminal condition, coma, or persistent vegetative state

Could be used by Skye, the Agent, to learn about Madge's values to help guide treatment

Would travel with Madge from facility to facility as a medical order

Question 10 (2 points) Skye says she doesn't think her mother has such documents but would be able to understand what they mean. It would be unethical for Emery to inform Skye that forms are available on the Arizona Attorney General's website.

Question 10 options: True False Question 11 (2 points) To sign a health care power of attorney and living will, Madge would need:

Question 11 options:

Consent of a majority of Skye's siblings

A general idea of what the documents mean and the effect of signing them

A full neuropsychological exam proving she has capacity

The ability to sign the notary public's record book

Question 12 (2 points) If Madge creates a healthcare power of attorney and living will in Arizona, what is true about the execution of such a document:

Question 12 options:

Skye could be a witness but could not be involved in Madge's care or named in the document

Skye could not be either the witness or notary

If no one else is available, Skye could be the witness

Skye can be the notary because it involves requirements of independent significance set by the State of Arizona

Question 13 (2 points) One important provision in a health care power of attorney is a HIPAA release. What is that?

Question 13 options:

A medical provider policy that allows doctors to disclose medical information to anyone close to the patient if necessary for treatment purposes

A written consent that allows medical information to be disclosed only to close family members if the patient is incapacitated

A written consent from a patient that allows providers to disclose medical information to people other than the patient

A law that prohibits medical providers from disclosing medical information directly to a patient if it may cause emotional distress to the patient

Question 14 (2 points) The health care power of attorney document must

Question 14 options:

Clearly state Madge's desires regarding the withholding of life support systems

Be signed by Madge, and a witness or notary public

Be signed by Madge at least fourteen days prior to the power of attorney being used

Be signed by Madge, a witness and a notary public

Question 15 (2 points) Regardless of whether Madge signs a power of attorney, if Skye ends up acting as her surrogate decision maker, Skye must first consider:

Question 15 options:

What is in Madge's best interests

What Skye would do if in Madge's shoes

What medical professionals believe is the best decision for Madge

Instructions regarding health care that Madge explicitly gave before losing capacity to decide

Question 16 (2 points) Skye has six siblings, all adults; if Madge is unable to name Skye as health care agent, what would health professionals be required to do if Madge can't make medical decisions:

Question 16 options:

Seek the opinions of all siblings and seek consensus of all of them

Seek the opinions of all siblings and majority rules

Follow instructions of the first sibling to respond

Appeal to the board of medical decisions for a determination

Question 17 (2 points) Skye then shares happy news with Emery. There's a new significant other in the picture, and marriage may be in their future. Still the paramour, Grey, should be excluded from the Will, for now. If Skye and Grey get married, Grey would be:

Question 17 options:

A pretermitted spouse who would be entitled to Skye's community property

A pretermitted spouse who would be entitled to receive half of everything the Skye owns

A pretermitted spouse who would be entitled to nothing since the lawyer would testify that the omission was deliberate

A pretermitted spouse who may be entitled to an intestate share

Question 18 (2 points) Emery explains that if Skye and Grey do get married, there are several options regarding how to title the residence she shares with Grey. Arizona recognizes:

Question 18 options:

Community property and community property with right of survivorship

Tenancy by the entireties, community property, and joint tenancy with right of survivorship

Tenancy in common with right of survivorship, joint tenancy with right of survivorship, and community property with right of survivorship

Only Joint tenancy with right of survivorship, tenancy in common, and community property with no right of survivorship

Question 19 (2 points) Emery explains that Skye and Grey could hold the property as community property, which would have the following benefit at the first death:

Question 19 options:

Avoid estate tax

Basis adjustment on entire property

Avoid probate

All the rights of a life estate

Question 20 (2 points) Skye says a holographic Will sounds good. (Saves money!) But the formal Will has some benefits, too. What two things would be necessary regardless of the type of Will.

Question 20 options:

Signature and a witness

Capacity and notary

Intent and capacity

Date and physical document

Question 21 (5 points) Skye goes home and writes a holographic Will. Briefly explain the pros and cons of holographic Wills.

Question 21 options:

Question 22 (2 points) Five years later, Skye returns to your office saying doing the holographic Will was a mistake. It's no good and needs to be revoked, and paying for getting it right is important. Emery is likely to recommend the most common way to revoke a Will, which is:

Question 22 options:

Signing a new Will that revokes all prior Wills

Telling an attorney of the intent to revoke the Will

A ceremonial burning

Writing "I revoke this Will" on a Post-it, and affixing it to the Will

Question 23 (2 points) Syke then shares some good news: Skye and Grey got married! BUT Skye still wants to leave Grey out of the new Will. Emery should explain:

Question 23 options:

Grey would still get what they would have received if there were no Will

That's OK--In Arizona, you can completely disinherit your spouse

Grey would still be entitled to the family home and sufficient funds to maintain the home for one year

Grey would still be entitled to a homestead allowance, exempt property allowance, and family allowance

Question 24 (2 points) Emery explains to Skye that the Will can include a provision that allows for gifts to be made on a written list separate from the Will. Which of these would be valid on such a list?

Question 24 options:

$10,000 to friend Luca

Skye's vacation home at Rockland beach to cousin Lake

Skye's prized, signed University of Arizona basketball to sibling Jayde

$1 to "friend" Kim

Question 25 (2 points) Emery also explains that a testamentary trust might be a good thing to add to the plan. What is a testamentary trust?

Question 25 options:

A typed trust that needs to be dated, signed, and notarized by the Skye

A Trust that would ensure that Skye's entire estate was disposed of

A Trust in Skye's Will that could include protective provisions for Skye's mother, children, and pets, and even Grey, if desired

A Trust in Skye's Will that could include outright donations to charity

Question 26 (6 points) Skye decides to craft a simple Will. You are creating the initial draft for Emery. The document should include the following components:

Select 11 correct answer(s) Question 26 options:

Testimonium clause

Notary block and signature

Statement of intent

Self-proving affidavit

Nomination of Personal Representative

Lists of real estate owned by Skye and Madge

Blanks for two witness's signatures

Residuary clause

Social security numbers of Skye, Grey, Madge, and siblings

Accounts and beneficiary designations

Apportionment clause

Description of closest family members

Space for Skye's signature

Revocation of prior Wills and codicils

Question 27 (2 points) Ten years later, Grey calls the office informs you that Skye has died. You can ethically share information about Skye and the estate with Grey because the attorney's duty of confidentiality terminates at death.

Question 27 options: True False Part 2 Question 28 (2 points) Pat, 90 and single, has died. No Will has been found, and loved ones believe there is one in a safe deposit box. The bank won't allow anyone access. How could the Court help?

Question 28 options:

Declare the Will revoked because it cannot be accessed and is presumed revoked

The Court cannot help because the bank is outside of its jurisdiction. Everyone should proceed as if there is no Will

The Court cannot help because the bank's rules are the bank's rules

Appoint a special administrator to search for the Will, including the safe deposit box

Question 29 (2 points) Pat's Will is located, and there is a provision that begins, "The rest, residue, and remainder of my property, whether real or personal, is to be . . . ." That is an example of:

Question 29 options:

A specific bequest

A residuary bequest

Exercise of power of appointment

An invalid provision

Question 30 (4 points) The Will provides for the estate "to be divided equally among my three children, and if any predecease me, to their descendants, per stirpes." Before Pat's death, two of three children, Chris and Blake, have died. Three grandchildren, Chris's two children and Blake's child, survived Pat. What part of Pat's estate will Chris's children receive?

Question 30 options:

One half of the estate each

One third of the estate each

One quarter of the estate each

One sixth of the estate each

Question 31 (4 points) A second Will surfaces, in this one, the estate shall be "divided equally among my three children, and if any predeceases me, to their descendants, per capita at each generation." Remember three grandchildren, Chris's two children and Blake's child, survived Pat. Now what part of Pat's estate will Chris's children receive?

Question 31 options:

One third of the estate each

One sixth of the estate each

Two ninths of the estate each

One twelfth of the estate each

Question 32 (2 points) In determining which of the Wills' provisions govern the estate, what is the most important factor?

Question 32 options:

Where each Will was found (sofa cushions get an edge)

Whether Pat had been diagnosed with dementia in between the two wills

Whether either Will was prepared by an attorney

Whether the later Will has a statement revoking all prior Wills

Question 33 (2 points) If Pat's Will(s) were copies and not originals, neither one can be probated because they are both presumed revoked.

Question 33 options: True False

Question 34 (2 points) Pat died testate. What does that mean?

Question 34 options: (write here)

Question 35 (2 points) As it turns out, Pat's probate estate totals less than $75,000. How much time must pass before an Affidavit for Collection of Personal Property can be used?

Question 35 options:

6 months

5 days

None, it can used be used any time after the death as long a death certificate is attached

30 days

Question 36 (2 points) Pat also owned an empty lot near Sierra Vista valued at about $10,000. How much time must pass before an Affidavit of Succession to Real Property can be used?

Question 36 options:

5 days

6 months

30 days

None, it can be used at any time after the death as long as a death certificate is attached

Question 37 (2 points) Surprise! Pat has a $500,000 IRA, but there's no beneficiary designation. A probate is needed after all. Avery, Pat's surviving child, is named Personal Representative. One of the PR's tasks is to prepare inventory, which must be

Question 37 options:

Verified as being accurate by a CPA or licensed attorney prior to being mailed to the beneficiaries

Filed with the court or delivered to the beneficiaries

Delivered to the surviving adult siblings and adult children of the decedent, if any

Approved by the court prior to being mailed to the beneficiaries and other interested parties

Question 38 (2 points) Avery has to give Pat's creditors notice of the death and any probate proceedings. Select all options: (Select multiple)

Select 2 correct answer(s) Question 38 options:

Mailed notice to any known creditors

Phone calls to any known creditors

Notice isn't needed as they have two years to submit a claim anyway

Publication of a notice to creditors in a local periodical

Question 39 (2 points) Creditors given notice by publication must submit claims by:

Question 39 options:

Four months from date of first of publication

60 days from date of first publication

Four months from the third publication date

Four months from date of first publication, plus an extra 60-day automatic extension if requested

Question 40 (2 points) Looking through Pat's paperwork, Avery discovers a loan document from a friend saying Pat owes $3,000. Avery is not sure if it has already been paid off. The creditor period is over. Avery should:

Question 40 options:

Pretend like he didn't find the document; it's too late for the friend to make a claim anyway

Notify the beneficiaries that each of them must pay their share of the obligation

Pay the $3,000.00 immediately

Mail notice of the proceeding to the friend and calendar 60 days out, the deadline for a claim to be made

Question 41 (4 points) More surprises! Avery discovers that Pat inherited an interest in a family cabin in Colorado. Before selling the Colorado cabin, Avery should do the following (select all that apply): (Select multiple)

Question 41 options:

Inform the beneficiaries and inquire whether any wishes to receive the cabin as part of their share

File an ancillary probate proceeding in Colorado

Travel to Colorado to see the cabin before deciding what to do with it

Have all the beneficiaries interview the real estate agent and weigh in on the list price

Question 42 (2 points) Avery settles Pat's estate and is diagnosed with a terminal illness. Avery is married to Alex. Alex has three children from a prior relationship, and Avery considers them "children." In Avery's Will, it states, "I am married to Alex, who has three children, and they should be considered my children under this document." The document bequeaths Avery's estate "one-half to my spouse, and one-half equally to my children." When Avery dies, what's the relationship to the decedent:

Question 42 options:

Alex and the children are heirs and beneficiaries

Alex is an heir and beneficiary, and the children are beneficiaries

Alex is an heir and the children are beneficiaries

Alex and the children are beneficiaries, but not heirs

Question 43 (2 points) Same facts as prior question, except Avery is DIVORCED from Alex. Alex has three children from a prior relationship, and Avery considers them "children." Avery's Will, drafted before the divorce, states, "I am married to Alex, who has three children, and they should be considered my children under this document," and it still says, all goes "one-half to my spouse, and one-half equally to my children." When Avery dies, who are the legal heir(s):

Question 43 options:

Avery's mother, who is still alive

Alex

Avery's nieces and nephews (his siblings being deceased)

Alex's children

Question 44 (2 points) Avery's Will bequeaths a Rolex inherited from Pat to a nephew, but before death, Avery gave it Alex's son for his birthday. What now?

Question 44 options:

Avery's personal representative must locate and purchase a similar watch to give to Avery's nephew.

Alex's personal representative must distribute the value of the watch to Avery's nephew.

Avery's nephew gets nothing, the devise simply lapses.

Avery's personal representative must reclaim the watch from Alex's son and give it to the nephew.

Question 45 (2 points) When the Personal Representative of Avery's estate is ready to distribute the remainder, the following are usually advised:

Question 45 options:

Requesting that distributees approve an accounting, proposal for distribution, and sign a release of liability

Publishing notice of the estate inventory, final distribution, and closure

Requesting that the distributees sign a non-disclosure agreement, a/k/a NDA.

Filing a Petition for court approval of the accounting and plan for distribution

Part 3 Question 46 (2 points) Client Jordan met with your supervising attorney two months ago and is having trouble making decisions. Jordan calls you and asks what is better, a will or a trust? Your response?

(write here)

Question 46 options:

Question 47 (5 points) Whatever you told Jordan, you know something about revocable trusts. Select the benefits:

Question 47 options:

Protect money from the pool boy

Protect assets in divorce

Provide for estate management after death

Protect assets from creditors

Protect money from being wasted on youthful indiscretion and shopping or drug addiction

Provide for estate management during lifetime

Promote privacy

Avoid probate

Tax avoidance

Protect inheritance of a disabled person from being counted as an asset for means-tested public benefit

Question 48 (4 points) You also know something about other estate planning documents, too. What is the most important document every adult should have and why?

Question 48 options: (write here)

Question 49 (2 points) Jordan decides to create the trust. He would be the "Trustor," which is

Question 49 options:

A person having a fiduciary duty to the beneficiaries of a Trust

A person who always has the legal right to modify or revoke a Trust

A person who creates a Trust

A person with legal access to the funds in a Trust

Question 50 (2 points) Jordan's trust would be an inter vivos Trust, which means:

Question 50 options:

It was created by a survivor of the Trustor

It has provisions for minor beneficiaries woven throughout the Trust

It is legally considered to be a living entity

It was created during the lifetime of the Trustor

Question 51 (5 points) Jordan, who as we know has some difficulty making decisions, is dithering about who to name as Trustee. Your supervising attorney wants you to draft a short memo describing the job. List 5 duties of a Trustee that you plan to include in the memo, and provide a few words of explanation:(write here)

Question 51 options:

Question 52 (2 points) Jordan tells you that his niece has Down Syndrome, and your supervising attorney recommends a special needs trust. The purpose of an "SNT" is to:

Question 52 options:

Minimize a creditor's access to trust assets

Contribute to a pool of funds for a charitable organization that helps all disabled people live independently

Give a Trustee access to trust assets to provide for the needs of a beneficiary in excess of what the Trustor originally intended

Allow a beneficiary to qualify for public benefits while still receiving benefits from the trust

Question 53 (2 points) Jordan is worried that his other nieces and nephews won't use their inheritances wisely. You know all continuing trusts drafted in your office include a spendthrift provision, which helps to:

Question 53 options:

Protect the trust assets from a beneficiary's spouse if they divorce

Protect the trust assets from diminution in value because of market conditions

Protect the trust assets from the beneficiary

Protect the trust assets from the creditors of the beneficiaries

Question 54 (2 points) Jordan at this time is single, but has a significant other, Taylor, and has amassed a $50 million fortune. Friends have told him to get married to take advantage of the unlimited marital deduction. What would that allow?

Question 54 options:

For Jordan to leave the Trust estate to Taylor, if Taylor is a U.S. citizen, without incurring any estate tax

For Jordan to have unlimited control over the disposition of the Trust estate after Taylor's death

For Jordan to leave an unlimited amount to Taylor free of estate tax, regardless of Taylor's citizenship

For Jordan to minimize estate taxes due to distributions mandated by the IRS to spouses

Question 55 (3 points) If Jordan and Taylor got married and created a joint trust, a bypass trust could be employed to (select all that apply):(Select multiple)

Question 55 options:

Bypass the Surviving Spouse and provide for the next level of beneficiaries

Shelter estate tax by allocating the decedent's share up to the Deceased Spouse's estate tax exemption

Help ensure the Deceased Spouse's choice of beneficiaries receive an inheritance

Provide some creditor protection for the Surviving Spouse

Hold certain assets allocated to the surviving spouse in an "A Trust"

Hold certain assets allocated to the deceased spouse in a "B Trust"

Question 56 (2 points) A Bypass Trust would be irrevocable. How could it be changed? (select all that apply): (Select multiple)

Question 56 options:

By filing a Petition with the Court requesting modification due to changed circumstances

Decanting the Trust, so long as the Trustee has sufficient discretion

All Trust beneficiaries agree to the changes in a signed agreement

All of the above

None of the above - it's called irrevocable for a reason!

Question 57 (2 points) At Jordan's death, for capital gains tax purposes, assets included in Jordan's estate would:

Question 57 options:

Be adjusted upward, if the fair market value of the asset has increased, but not adjusted downward if the market value has decreased

Be maintained at the levels before Jordan's death, unless the personal representative makes an election otherwise on Jordan's final income tax return

Generally be adjusted to the fair market value of the asset as of Jordan's date of death

Be adjusted to the fair market value of the asset as of Jordan's date of death, but only if there's estate tax due.

Question 58 (2 points) Jordan has two corgi puppies and a 30-year-old cockatoo, and he's thinking about leaving his entire estate to them in a trust. That's probably not a good idea because . . . .

Question 58 options:

State law would require Court oversight because pets can't hold the Trustee accountable

Each pet would need a separate trust because they have different needs and lifespans

The amount grossly exceeds the amount reasonably necessary for the care of the pets

Pets are not people and cannot inherit

Question 59 (2 points) Jordan doesn't want fancy planning and wants tips on reducing his estate with gifts. He can make annual gifts that are excluded from the gift and estate tax calculation; in 2024, how much money can be gifted each calendar year without tapping his estate/gift tax exclusion?

Question 59 options:

$l8,000 to as many individuals as desired

$18,000 to one person

$18,000 to as many family members as desired

$18,000 to charitable organizations

Question 60 (2 points) Jordan's estate plan includes a trust, a will and two types of powers of attorney. The powers of attorney would be "durable." What does that mean?

Question 60 options:

Becomes effective upon the incapacity of the principal

Remains effective after the death of the principal

Remains effective after the incapacity of the principal

Becomes ineffective upon the incapacity of the principal

Question 61 (2 points) Jordan names Taylor to serve as agent under General Durable Power of Attorney; Taylor would have the authority to manage

Question 61 options:

Jordan's finances

Jordan's living arrangements

Jordan's health care

Both Jordan's health care and finances

Question 62 (1 point) Jordan and Taylor live happily ever after partly because . . . .

Question 62 options:

They have the peace of mind of having created a solid estate plan -- one and done!

They have a guarantee that neither of their estates will require probate

The estate planning process encouraged them to talk about difficult subjects, and they grew closer as a result

$50 million makes anyone happy

Part 4 Question 63 (2 points) Quinn Harley and Harper Hobson have been together for several years but are not married. Quinn has three children, all under age 10, from a prior relationship. One of the kids, Kai, has developmental delays and may never be able to live independently. Quinn and Harper are raising the children as their own, but Harper has not formally adopted them. As a paralegal, you advise them:

Question 63 options:

To fill out your office's estate planning questionnaire as completely as possible

To draft a trust, wills, and powers of attorney for health care and finances

To get married so they can make their relationship legitimate.

That their case is too complicated for your attorney to handle and they need to look elsewhere

Question 64 (2 points) Quinn and Harper want to be sure they can manage the affairs for each other, especially medical decisions. What is the best course of action to ensure they can get medical information about and make medical decisions for one other?

Question 64 options:

If one has a medical event, make sure the other of them gets to the hospital before any other relatives

Include medical decision making in a joint trust

Get married.

Execute health care powers naming each other as agent.

Question 65 (5 points) Considering their circumstances, which of the following documents or provisions are crucial to include in the estate plan?

Question 65 options:

Joint trust to pool and maximize their resources

Special Needs Trust for Kai in Harper's Will

Nomination of Guardians in Quinn's Will

Special Needs Trust for Kai in Quinn's Will

Living Wills for both of them

Financial Power of Attorney

Contract describing responsibilities as domestic partners

Health Care Power of Attorney with Mental Health Powers

For both to disinherit Kai so any needs-based benefits are not put at risk

Nomination of Guardians in Harper's Will

Question 66 (2 points) Because Quinn lives in Arizona, her parental authority can be delegated to Harper by means of a valid power of attorney:

Question 66 options:

If Quinn is physically unable to exercise parental authority

Because Harper is the other primary caregiver for Quinn's children.

For a period of time that is reasonable under the circumstances

For no longer than six months, unless Quinn is an active duty member of the military; then it can be one year

Question 67 (2 points) Quinn will be able to communicate with Kai's doctors even after Kai turns 18 because of his cognitive challenges:

Question 67 options: True False Question 68 (2 points) An interested party can first petition for the appointment of a guardian for Kai at . . .

Question 68 options:

Age 18

Age 17

Age 16 1/2

Age 17 1/2

Question 69 (2 points) After Kai's 18th birthday, Quinn and Harper file to obtain a general guardianship, and given Kai's challenges they may want to seek "enhanced" powers, which means:

Question 69 options:

They can admit Kai to an inpatient psychiatric facility for treatment without a court order

They can vote in primary and general elections on Kai's behalf

They can consent to a licensed medical provider prescribing a lethal dose of medication if Kai becomes terminally ill

Move Kai to a different state without telling anyone

Question 70 (8 points) In the Guardianship proceeding, the Court must . . . (select all that apply) (Select multiple)

Question 70 options:

Appoint an attorney for Harper

Appoint an attorney for Kai

Appoint an attorney for Quinn

Find, by clear and convincing evidence, that Kai is impaired and unable to make important decisions about his affairs

Appoint an investigator

Appoint a medical professional to examine Kai

Find that Quinn and Harper are suitable guardians

Find that either Quinn or Harper is a suitable guardians, but not both

Question 71 (2 points) To be eligible for guardianship, Kai would need to be deemed "incapacitated," which, in Arizona, means:

Question 71 options:

Kai has a history of failing to adequately provide for their own personal and financial affairs

Kai has some condition that results in lacking sufficient understanding or capacity to make or communicate important decisions regarding their person

Kai has been determined to be in need of protection by two or more family members, at least one of whom does not live with and is not responsible for care

Kai has been diagnosed by a licensed medical provider with a medical condition that impairs the ability to act in their best interest

Question 72 (2 points) Quinn's uncle dies, and leaves Kai a share of his estate. Quinn and Harper need a conservatorship, too! What evidentiary standard would they have to meet for a judge to determine Kai needs both a conservator and guardian?

Question 72 options:

For both a guardian and conservator, clear and convincing evidence

For a guardian, a preponderance of evidence; for a conservator, clear and convincing evidence

For both guardian and a conservator, preponderance of the evidence

For a conservator, a preponderance of evidence; and for guardian, clear and convincing evidence

Question 73 (1 point) Kai's other parent hears about the inheritance and objects to the Petition. Their best reasonable argument is . . .

Question 73 options:

As the other parent, they have equal priority to Quinn, and Harper has no priority

As the other parent, they are legal heirs and entitled to a share and should manage the funds

Quinn and Harper caused the impairment and should have no involvement in Kai's care or financial management

Because Quinn and Harper raised Kai, there is no reasonable argument in opposition

Question 74 (2 points) Regardless of who wins the Guardianship battle, the Guardian would have the same powers, rights and duties that . . .

Question 74 options:

A physician to patients

An employer has to employees

A parent has to children

A Trustee has to beneficiaries of a Trust

Question 75 (2 points) Which of the following is NOT a duty of Kai's Guardian:

Question 75 options:

Invest assets in interest-bearing account

Decide where Kai lives and visit quarterly

Take Kai to the doctor at least annually

File annual reports of guardian to the court

Question 76 (4 points) As a paralegal, what tasks might you assist with if your firm represents the guardian and conservator:

Question 76 options:

Remind clients that reports are coming due, obtain information to renew mental health powers

Mail notice to interested parties

Draft petitions to approve reports of guardian and conservator

Order a credit report

finish and file bi-annual reports of guardian

finish and file annual accountings of conservator

Explain mandatory forms for accountings

Calculate annual budgets

Question 77 (2 points) It's a miracle! Kai's condition is cured and there are no longer any signs of incapacity. What happens now?

Question 77 options:

Petitions to terminate both guardianship and conservatorship can be filed, but they are unlikely to be granted because courts insist on continuing supervision

Petitions to terminate both guardianship and conservatorship should be filed and granted

The guardianship can be terminated, but the conservatorship continues until no funds remain

Petitions to terminate both guardianship and conservatorship should be filed but not granted unless Kai can demonstrate the ability to manage funds and make wise decisions for one year