When is a Qualified Income Trust (miller trust) needed?
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When a person's monthly income is 3 times the amount of the current SSI
payment.
What is the least important factor in decision making regarding Ward?>
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Cost
You have been appointed guardian for an 88-year-old women who is living in her
own home. The house is full of junk she collected for years, and she has 16 cats. What
action should the guardian take?
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Always inventory the home as first priority. Take pictures of items; Remove
and secure items that you may think has value; Have items appraised;
Address other issues in order of importance.
preponderance of the evidence
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The court has venue or that this court is the proper court to make the
determination of necessity of guardianship
the person to be appointed as guardian is eligible and qualified to serve as
guardian
the proposed ward is totally incapacitated; or is partially incapacitated,
and can perform some, but not all, of the tasks necessary to care for
himself or herself and manage the individuals property.
What should a guardian do when a Ward loves gardening but her back yard faces
onto busy traffic and is surrounded by menacing dogs?
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, Build a fence around the backyard.
Notice to Creditors
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30 days
(Creditors then have 4 months from date of notice)
Who can serve as co-guardians?
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Married couples only
How can a decision be made using substituted judgement when a Ward cannot
convey values, beliefs, and preferences?
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The guardian can speak with family to determine if Ward's values, beliefs,
and preferences are known.
(if there is no prior knowledge, the guardian must use the Best Interest
Principle to make the decision)
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