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  Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association
 
 

October 2012     MCLE Test and Answer Sheet

Test No. 218: Of Sound Mind

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $20 testing fee ($25 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
  Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*  

1. Probate Code Sections 810-813 define mental capacity and list mental deficits that may support a finding of incapacity.
 True.
 False.

2. In re Marriage of Straczynski addresses the capacity of a party with a substance abuse problem.
 True.
 False.

3. Under Family Code Section 300(a), those with the capacity to marry also have the capacity to divorce.
 True.
 False.

4. By statute, a conservatee does not have the capacity to marry.
 True.
 False.

5. The test used by courts to determine one's capacity to maintain a dissolution proceeding is whether the potentially incapacitated spouse is capable of articulating his or her thoughts to his or her counsel.
 True.
 False.

6. In re Marriage of Higgason established the rule that a guardian ad litem may initiate a divorce so long as the spouse has expressed a wish that the marriage be dissolved.
 True.
 False.

7. In re Marriage of Higgason created a procedure by which a dissolution may reach its conclusion when a spouse becomes incapacitated during the proceeding.
 True.
 False.

8. Under fiduciary duty principles, a conservator for an incapacitated spouse may obtain an award of support from the well spouse.
 True.
 False.

9. If an attorney's client becomes incapacitated during the pendency of a divorce action, the attorney loses the ability to act on the client's behalf.
 True.
 False.

10. An attorney representing an incapacitated spouse in a dissolution must obtain the appointment of a guardian ad litem or conservator.
 True.
 False.

11. For a spouse who is temporarily incapacitated, a conservator is generally preferable to a guardian ad litem.
 True.
 False.

12. The attorney for a well spouse may seek the appointment of a guardian ad litem for the incapacitated spouse.
 True.
 False.

13. The test for the appointment of a conservator of the estate includes whether a spouse is substantially unable to manage his or her financial resources.
 True.
 False.

14. The well spouse's choice of a conservator is given priority over the incapacitated spouse's choice.
 True.
 False.

15. Upon a court's approval, a well spouse may be appointed conservator of an incapacitated spouse for purposes of finalizing the dissolution proceeding.
 True.
 False.

16. In a dissolution proceeding, one spouse may breach his or her fiduciary duty to the other by failing to acknowledge the incapacity of the other.
 True.
 False.

17. Pursuant to Family Code Section 2122, an incapacitated spouse may seek to set aside a divorce judgment three years after the judgment is entered.
 True.
 False.

18. If a court that finds that a spouse has breached his or her fiduciary duty to the other spouse, the breaching spouse will lose his or her half interest in the community estate or the particular asset at issue.
 True.
 False.

19. A court must award attorney's fees to the incapacitated spouse if it finds that the well spouse maliciously breached his or her fiduciary duty.
 True.
 False.

20. If a court finds that a well spouse has willfully breached his or her fiduciary duty to an incapacitated spouse, the court must award 100 percent of the entire asset at issue to the well spouse.
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
   
 

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