Elder Law & Guardianship Flashcards
7 cards from real CEA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Elder Law & Guardianship flashcards as text
Under the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA), what is the primary standard courts use when appointing a guardian?
Answer: The least restrictive alternative
UGCOPAA requires courts to apply the least restrictive alternative standard, preserving the individual's autonomy to the greatest extent possible.
An elderly client has been determined to lack capacity but retains the ability to make some personal decisions. Which type of guardianship best fits this situation?
Answer: Limited guardianship
Limited guardianship grants authority only over specific areas where the ward lacks capacity, preserving decision-making rights in other areas.
Which federal act primarily governs the rights of nursing home residents and sets minimum care standards?
Answer: Nursing Home Reform Act (OBRA 1987)
OBRA 1987, also known as the Nursing Home Reform Act, established a Residents' Bill of Rights and minimum quality-of-care standards for nursing facilities.
A conservator is appointed for an elder. What is the conservator's primary legal obligation regarding the ward's assets?
Answer: Manage assets for the ward's benefit under a fiduciary duty
A conservator owes a fiduciary duty to manage the ward's assets solely in the ward's best interest, not for the benefit of others.
Which elder law planning tool allows a designated individual to make healthcare decisions only when the principal is incapacitated?
Answer: Springing Healthcare Proxy
A springing healthcare proxy activates only upon the principal's incapacity, as determined by one or more physicians, and designates an agent for medical decisions.
In elder law, what is 'spousal impoverishment protection' under Medicaid?
Answer: Provisions allowing a community spouse to retain certain assets and income
Spousal impoverishment protections allow the community spouse to keep a minimum monthly income allowance (MMNA) and a community spouse resource allowance (CSRA) when the other spouse enters a nursing facility.
What is the typical look-back period for Medicaid long-term care asset transfers in most U.S. states?
Answer: 60 months
Most states apply a 60-month (5-year) look-back period for Medicaid long-term care, during which asset transfers may trigger a penalty period of ineligibility.