Roles and Responsibilities Flashcards

When a guardian of property discovers that a ward's investment portfolio has significantly declined due to market conditions, what is the guardian's primary obligation?

Answer: Document the decline and consult a financial advisor to act in the ward's best interest

Guardians of property must manage assets prudently, which includes consulting financial professionals and documenting decisions when market conditions affect the ward's portfolio.

A professional guardian learns that a ward's family member is pressuring the ward to change a long-standing living arrangement. What should the guardian do first?

Answer: Assess the ward's expressed wishes and best interests before taking action

The guardian must first evaluate the ward's own preferences and what genuinely serves their best interests before responding to third-party pressure.

Which document must a guardian typically file with the court on a regular basis to demonstrate accountability for the ward's care?

Answer: A periodic report or annual accounting

Courts require guardians to file periodic reports and/or accountings to ensure ongoing oversight and accountability for the ward's wellbeing and finances.

A ward who has been under guardianship for two years shows significant cognitive improvement. What is the guardian's ethical responsibility?

Answer: Petition the court to review and potentially modify or terminate the guardianship

Guardians have an ethical duty to seek the least restrictive arrangement, which includes petitioning for modification or termination if the ward's capacity improves.

A professional guardian serves as guardian for a ward who owns a small business. The guardian has an opportunity to purchase supplies from that business. This situation represents a potential:

Answer: Conflict of interest requiring court approval or avoidance

Self-dealing or transactions that benefit the guardian personally create conflicts of interest that must be avoided or disclosed and approved by the court.

When must a guardian of the person seek court approval before acting?

Answer: Before making major medical decisions such as elective surgery or experimental treatment

Major medical decisions, particularly elective procedures or experimental treatments, typically require court approval because they carry significant risk and are outside routine care.

A guardian is approached by a researcher who wants to include the ward in a clinical study. The ward lacks capacity to consent. What is the correct course of action?

Answer: Seek court guidance and apply substituted judgment or best interest standards

Research participation for incapacitated individuals requires careful ethical analysis using substituted judgment or best interest standards, often with court involvement.