Case Management Standards
When you develop a balance between maximizing your client's independence and self-determination while maintaining the client's dignity, protection and safety.
What is the Least Restrictive Alternative?
MAPA Standard 7
The ward's health and safety and ward's environment should be assessed during this occasion.
What are annual visits & any time that the Public Administrator has contact with the ward?
A Public Administrator shall not authorize an extraordinary procedure without prior authorization from the Court unless the person has executed a ____________ that clearly indicates the person's desires with respect to the action.
What is A Living Will or an Advance Directive?
Buying something from an estate or hiring your brother in law to clean out a house would be an example of this.
What is a Conflict of Interest?
According to the Standard of Practice, first person entering into a newly acquired real estate property should be doing this to document the condition.
What is taking video and or pictures?
MAPA Standard of Practice Real Property Practice Tips: 8. b.iii. (1.)
Typically administrative expenses should be paid before other expenses, these are examples of administrative expenses.
What are Court Costs?
What are Fiduciary and Attorney fees?
What are other costs of Administration?
This year was the year that Public Administrators were created in Missouri statute. (Only decedents estates)
What is 1835?
This decision-making standard requires you to attempt to determine what decision your client would have made in certain circumstances when they did have capacity.
What is the Substituted Judgement Standard?
MAPA Standard 6
Among other information, this must contain the date that a ward was last seen by a physician and the wards current mental condition.
What is the Guardian Annual Status Report?
Form No. 7
*Bonus Points if you know the other information that is updated in this Report*
In Missouri, Warren says under §475.120.3 this is a medical decision.
What is a Do Not Resuscitate Order?
The conservator of the estate is under the duty to use the degree of care, skill, and prudence that an ordinarily _____________________ uses in managing property and conducting transactions on behalf of others.
Double Points if you know Statute Code
What is a Prudent Person?
§ RSMo 475.130.1
According to MO Revised State Statue 473.500, this is the least real estate can be sold and no offer should be considered if not above this amount of the appraised value.
What is 3/4 or 75%?
As a conservator, always get this if you need to make regular monthly expenditures.
What is a support and maintenance order?
This is the year that minors were added to Public Administrator's duties. (Both person and estates)
What is 1885?
As a Public Administrator, you have duty to seek this legal remedy when your client shows that they can maintain their health and safety.
What is Restoration?
MAPA Standard 7
When admitting a ward to a new Skilled Nursing Facility, Residential Care Facility, or a Independent Supported Living placement, it is suggested that you provided these.
(3 answers)
What is a copy of your letters or Order of Appointment?
What is your contact information?
What are any instructions you may have regarding obtaining medical consents and reporting incidents outside of normal business hours?
Cruzan is still good law. Don't do this without clear and convincing evidence of the client's intent.
What is withholding/withdrawing treatment?
Upon appointment as fiduciary for estate, a search should be conducted for these which may have a beneficial interest to the estate.
*Hint* These shall be appraised, inventoried and preserved.
What are Assets?
After being appointed as a Personal Representative this should be filed within 30 days.
Inventory
§473.233 RSMo
This rule requires a minor's conservator to consider whether the client's parents can support the minor prior to making expenditures from the minor's funds.
What is the doctrine of necessaries?
In this year, Missouri Public Administrators assumed the duty to "take charge of the estates or person and estate of all insane personas in his county" under certain circumstances.
What is 1895?
If there is no written directions from your client, a guardian can execute what legal document to provide funeral services?
What is a preneed contract?
§ 475.120.9
The court, as part of its review of the status report, may contact this entity to investigate the conduct of the guardian.
*Bonus if you can name the statute!*
What is Department of Health and Senior Services (DHSS) or other appropriate agencies?
§ RSMo 475.082
§475.120.5 says you cannot consent to this for more that 30 days.
What is consent to admission to mental health or intellectual disability facility without a court order?
To locate assets for an estate and determine how those assets are titled, a review of court documents should be made. The public administrator should also consider sending this inquiry out to local financial institutions.
What is a Banking Institution Inquiry Form?
Once a real estate agreement has been made by the Personal Representative and purchaser on a piece of real property, it must remain on file for how many days before being acted on by the court?
*Double Points if you know Statute Code*
*§473.573 RSMo
This rule requires claims against decedent estates be filed within one year of the date of death.
*Bonus if you know the Statute*
What is the non-claim statute?
*§ 473.444 RSMo
This is the year that the Missouri Association of Public Administrators was formed.
What is 1981?
You should use this decision-making standard if your client's preference cannot be determined.
What is the Best Interest Standard?
MAPA Standard 6
Other than annually, the PA should strive to make visits/contacts based on what frequency?
What is quarterly?
Treat this like a complex medical procedure if the purpose is to manage a behavioral issue or address a medical issue.
What is birth control?
Daily Double if you know the RSMo Code
An appointment as Conservator creates a duty to take possession of all real and personal property, assets, and income, but an appointment as Personal Representative may require this kind of order to take charge of the real property?
What is an Order to Take Charge of the Property?
RSMo 473.063
When any personal/real property is valueless or so encumbered or in such condition that is no benefit to the estate, the personal representative, by order of the court, may dispose of property in this way?
*Bonus if you know the Statute*
What is distribution to heirs?
What is abandonment?
What is destruction?
§RSMo 473.293
As a conservator, you do this with an asset that is payable on death or owned jointly with another.
What is get a court order after notice and hearing pursuant to §475.322?
In this year, Public Administrators became entitled by statute to Notice of Hearing before appointment.
What is 2018?