CFG Legal & Regulatory Issues in Elder Care 4 — Questions and Answers
Question 1: A conservatorship differs from a guardianship in that a conservatorship typically manages:
- Personal care and living arrangements
- Financial affairs and property (Correct answer)
- Medical treatment decisions
- Social activities and relationships
Correct answer: Financial affairs and property
A conservatorship (or financial guardianship) is court-ordered oversight of a person's financial affairs, while guardianship covers personal care.
Question 2: When a nursing home seeks to involuntarily discharge a Medicaid resident, which protection does federal law require?
- Immediate removal with no notice
- Written notice at least 30 days in advance with appeal rights (Correct answer)
- Only verbal notification to family
- Court approval obtained within 7 days after discharge
Correct answer: Written notice at least 30 days in advance with appeal rights
Federal law requires facilities to provide written notice at least 30 days before discharge and inform residents of their right to appeal.
Question 3: The term 'Medicaid estate recovery' refers to:
- Medicaid recouping benefits paid from the deceased recipient's estate (Correct answer)
- The process of applying for Medicaid after age 65
- Transferring assets to qualify for Medicaid benefits
- Recovering overpaid Social Security from estates
Correct answer: Medicaid recouping benefits paid from the deceased recipient's estate
Medicaid estate recovery programs require states to seek reimbursement from the estates of deceased Medicaid beneficiaries for certain covered services.
Question 4: Which of the following is an example of 'undue influence' in elder law?
- An elder voluntarily updating a will after consulting an attorney
- A caregiver isolating an elder and pressuring them to change their will (Correct answer)
- An elder donating to charity as they have done for years
- A financial advisor recommending a diversified portfolio
Correct answer: A caregiver isolating an elder and pressuring them to change their will
Undue influence occurs when someone uses their position of trust or power to override an elder's free will, often through isolation and coercion.
Question 5: Which federal program provides prescription drug coverage for Medicare beneficiaries?
- Medicare Part A
- Medicare Part B
- Medicare Part C
- Medicare Part D (Correct answer)
Correct answer: Medicare Part D
Medicare Part D provides outpatient prescription drug coverage through private insurance plans approved by Medicare.
Question 6: Adult Protective Services (APS) agencies are primarily responsible for:
- Prosecuting elder abusers in criminal court
- Investigating reports of abuse, neglect, or exploitation of vulnerable adults (Correct answer)
- Administering Medicaid benefits to elders
- Licensing nursing homes and assisted living facilities
Correct answer: Investigating reports of abuse, neglect, or exploitation of vulnerable adults
APS investigates reports of mistreatment and connects vulnerable adults with services to ensure their safety and well-being.
Question 7: A 'payable on death' (POD) bank account designation achieves which estate planning goal?
- Reduces the account owner's income taxes during life
- Transfers funds directly to named beneficiaries outside of probate (Correct answer)
- Creates a trust for the benefit of minors
- Establishes a joint tenancy with right of survivorship
Correct answer: Transfers funds directly to named beneficiaries outside of probate
POD designations allow bank account funds to pass directly to named beneficiaries without going through probate.
CFG Legal & Regulatory Issues in Elder Care 4
A conservatorship differs from a guardianship in that a conservatorship typically manages: