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
A guardian is petitioning to relocate a ward to another state. Which issue must the guardian typically address under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)?
Answer: Transferring the guardianship through a formal interstate transfer procedure
UAGPPJA provides a formal transfer procedure allowing a guardianship to be transferred to another state without requiring a completely new proceeding, simplifying interstate relocation.
Which type of elder abuse involves a caregiver or trusted person using an elder's assets, property, or finances for personal gain without authorization?
Answer: Financial exploitation
Financial exploitation is the misuse of an elder's money, property, or assets by someone in a position of trust or authority, and is among the most common forms of elder abuse.
Under the Older Americans Act (OAA), which program funds legal assistance services specifically for elders?
Answer: Title III — Grants for State and Community Programs on Aging
Title III of the OAA funds a broad range of supportive services including legal assistance through Area Agencies on Aging, targeting individuals 60 and older.
An elder client wants to give her home to her daughter before entering a nursing home. As her CEA, you advise that this transfer may result in:
Answer: A Medicaid penalty period calculated by dividing the home's value by the daily nursing home rate
Transferring the home within the 60-month look-back period triggers a Medicaid penalty period equal to the home's fair market value divided by the average daily private-pay nursing home rate in the state.
Which form of surrogate decision-making allows a court to authorize a specific medical procedure for an incapacitated person without appointing a full guardian?
Answer: Protective order for limited purposes
Courts can issue limited protective orders authorizing specific medical interventions without granting ongoing guardianship, preserving the individual's other rights.
When assessing a client's capacity to execute a will or trust, which legal standard is used?
Answer: Testamentary capacity: knowing nature of the act, extent of property, natural heirs, and the plan
Testamentary capacity requires that the individual understand the nature of making a will, the nature and extent of their property, their natural heirs, and how the document distributes the estate — a lower standard than guardianship incapacity.
A CEA is helping an elder client establish a Medicaid Asset Protection Trust (MAPT). Which feature is essential for the trust assets to be excluded from Medicaid countable resources?
Answer: The trust must be irrevocable and the client may not have access to principal
A MAPT must be irrevocable and the grantor must be prohibited from accessing the trust principal; if the grantor can reach the principal, Medicaid counts it as an available resource.