CEA Elder Law & Guardianship 3

Question 1

A guardian ad litem (GAL) is appointed in a guardianship proceeding. What is the GAL's role?

Accepted Answer

To represent the alleged incapacitated person's best interests in court

Answer

A guardian ad litem is appointed by the court to investigate and advocate for the best interests of the alleged incapacitated person during the proceeding.

Question 2

Which of the following is NOT a valid exception to the Medicaid look-back transfer penalty?

Accepted Answer

Transfer to an adult child who provided occasional visits

Answer

Transfers to a caretaker child who lived in the home and provided care preventing institutionalization are exempt, but occasional visits do not qualify as caretaking.

Question 3

Under what circumstances can an Emergency Temporary Guardianship be granted without standard notice to the alleged incapacitated person?

Accepted Answer

When there is an immediate risk of serious harm to the person or their estate

Answer

Emergency temporary guardianships may be granted ex parte only when there is evidence of immediate, serious risk of harm to the individual or their property.

Question 4

An elder's POLST (Physician Orders for Life-Sustaining Treatment) conflicts with their older living will. Which document generally controls?

Accepted Answer

The POLST, as it is a current physician order

Answer

A POLST is an actionable medical order signed by a physician and reflects the patient's most current wishes, generally taking precedence over older advance directives.

Question 5

Which Medicaid planning strategy involves converting countable assets into an exempt asset by paying down a mortgage on a primary residence?

Accepted Answer

Spend-down to primary residence

Answer

Paying off a mortgage converts liquid countable assets into home equity, which is an exempt asset for Medicaid eligibility purposes during the applicant's lifetime.

(CEA) Certified Estate Advisor Practice Test

(CEA) Certified Estate Advisor Practice Test

CEA Elder Law & Guardianship 3