Roles and Responsibilities Flashcards

A guardian relocates a ward to a different state for better care options. What legal step is typically required?

Answer: Obtain court approval for the relocation and pursue ancillary guardianship in the new state

Interstate relocation of a ward typically requires court approval and may require establishing ancillary guardianship proceedings in the new state under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

A ward becomes terminally ill and has no advance directive. The guardian must make end-of-life care decisions. Which standard should primarily guide the guardian?

Answer: The best interest standard, incorporating any known prior wishes of the ward

Without an advance directive, guardians use the best interest standard while considering any previously expressed values or wishes the ward communicated before losing capacity.

A guardian who is also an attorney provides legal services to the ward's estate and bills for those services. This practice:

Answer: Creates a dual role conflict that must be disclosed and may require court approval

Serving dual roles as both guardian and paid professional creates a conflict of interest requiring full disclosure and often court approval to ensure the ward's interests are not compromised.

What is the guardian's responsibility when a ward's medical provider recommends a treatment the guardian believes is not in the ward's best interest?

Answer: Seek a second medical opinion and, if necessary, bring the dispute to the court

Guardians have both the right and responsibility to question medical recommendations, seek second opinions, and involve the court if a treatment dispute cannot be resolved.

Under the National Guardianship Association Standards, a guardian's personal values about lifestyle should:

Answer: Be set aside in favor of the ward's own values and preferences

NGA Standards require guardians to subordinate their personal values and instead honor the ward's own values, lifestyle preferences, and cultural background.

A guardian of property fails to file the required annual accounting with the court. What is the most likely consequence?

Answer: Court sanctions, removal of the guardian, or surcharge for losses

Failure to file required accountings is a serious breach that can result in court sanctions, removal as guardian, and personal liability for any losses to the ward's estate.

Which scenario best illustrates a guardian fulfilling the 'least restrictive alternative' principle?

Answer: Seeking a limited guardianship covering only financial matters when the ward can manage personal care

The least restrictive alternative principle requires guardians to seek only the authority actually needed, such as limited guardianship when the ward retains some decision-making capacity.