Roles and Responsibilities Flashcards

Which principle requires a guardian to choose the option that most closely reflects what the ward would have chosen when capable?

Answer: Substituted judgment standard

The substituted judgment standard directs guardians to make decisions based on the ward's previously expressed values, preferences, and choices rather than what others think is best.

A guardian of property wants to make a charitable donation from the ward's funds to a cause the ward supported before losing capacity. What should the guardian do?

Answer: Review state law, the guardianship order, and seek court approval if required

Charitable donations from a ward's estate may require court approval depending on state law and the guardianship order, as they permanently reduce available assets.

A professional guardian oversees multiple wards. How must the guardian handle the financial accounts of each ward?

Answer: Keep each ward's funds in completely separate, individually titled accounts

Guardian funds must never be commingled; each ward's assets must be held in separate accounts to prevent confusion, liability, and potential misappropriation.

What does the term 'plenary guardianship' mean in the context of a guardian's roles and responsibilities?

Answer: Full guardianship covering all personal and financial decisions

Plenary guardianship grants the guardian authority over all aspects of the ward's life, including personal care and financial matters, representing the most comprehensive form of guardianship.

A guardian discovers that a facility housing the ward has filed a lien against the ward's property for unpaid fees that the guardian believes are incorrect. What should the guardian do?

Answer: Investigate the claim, dispute it if unwarranted, and consult legal counsel

A guardian has a fiduciary duty to protect the ward's estate, which includes investigating and disputing improper claims or liens with legal assistance if necessary.

Which of the following best describes the guardian's duty of loyalty?

Answer: Acting solely in the ward's interest without personal gain or conflict

The duty of loyalty requires guardians to place the ward's interests above all others, including their own financial interests and the interests of the ward's family.

A guardian of the person is responsible for ensuring a ward receives appropriate education. This responsibility is most likely to arise when the ward is:

Answer: A minor child under guardianship

Educational decisions are a primary responsibility of guardians of minor children, who step into a parental role for educational planning and school-related decisions.