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Legal & Regulatory Issues in Elder Care Flashcards

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Read the first 7 Legal & Regulatory Issues in Elder Care flashcards as text
  1. Which standard must be met to establish that an individual lacked testamentary capacity when signing a will?

    Answer: The person did not understand the nature of the will, their assets, or their heirs

    Testamentary capacity requires understanding: the nature of making a will, one's property, one's natural heirs, and how the will distributes assets.

  2. The Veterans Aid & Attendance benefit provides financial assistance to eligible veterans who:

    Answer: Require help with activities of daily living or are housebound

    Aid & Attendance is a VA pension enhancement for veterans who need assistance with daily living activities due to age or disability.

  3. Under the Elder Justice Act, which type of behavior by long-term care facility staff is specifically addressed?

    Answer: Abuse, neglect, and exploitation of residents

    The Elder Justice Act focuses on preventing, detecting, and responding to elder abuse, neglect, and exploitation in long-term care settings.

  4. A financial gerontologist discovers a client's nephew has been making unauthorized withdrawals from the client's bank account. The gerontologist should first:

    Answer: Report suspected financial exploitation to Adult Protective Services

    Suspected financial exploitation should be reported to Adult Protective Services, which has authority to investigate and intervene.

  5. Which legal concept describes when a court appoints someone to manage the financial and/or personal affairs of a minor or incapacitated adult?

    Answer: Guardianship/conservatorship

    Guardianship and conservatorship are court-supervised legal arrangements transferring decision-making authority for incapacitated individuals.

  6. The Social Security Administration's Representative Payee program allows a designated person or organization to:

    Answer: Receive Social Security checks on behalf of a beneficiary who cannot manage funds

    A representative payee receives and manages Social Security or SSI payments for beneficiaries who cannot manage or direct their finances.

  7. Which of the following best describes 'spend-down' in the context of Medicaid eligibility?

    Answer: Reducing countable assets to the Medicaid resource limit by paying for qualifying expenses

    Spend-down involves using excess countable assets on allowable expenses (e.g., medical bills, home repairs) to reach the Medicaid asset limit.