CPG Challenges and Opportunities 2 — Questions and Answers
Question 1: A guardian discovers their ward has untreated depression that was never diagnosed before guardianship. What is the guardian's primary obligation?
- Document the condition and wait for it to resolve naturally
- Arrange for a comprehensive psychiatric evaluation and appropriate treatment (Correct answer)
- Inform the court only if the condition worsens significantly
- Defer any mental health decisions to family members
Correct answer: Arrange for a comprehensive psychiatric evaluation and appropriate treatment
Guardians must ensure wards receive necessary medical and mental health care, including arranging evaluations and treatment for newly identified conditions.
Question 2: When a ward's family members disagree with the guardian's care decisions, what is the most appropriate initial step?
- Ignore family input since the court granted sole authority to the guardian
- Seek a court order to restrict family contact with the ward
- Engage in open communication with the family and document the discussion (Correct answer)
- Immediately file a report with Adult Protective Services
Correct answer: Engage in open communication with the family and document the discussion
Guardians should facilitate communication with family members, document discussions, and attempt to resolve disagreements collaboratively before escalating to the court.
Question 3: Which scenario best illustrates a 'least restrictive alternative' approach in professional guardianship?
- Placing a ward in a locked memory care unit immediately upon diagnosis of mild cognitive decline
- Exploring supported decision-making and representative payee options before seeking full guardianship (Correct answer)
- Obtaining emergency guardianship to manage a ward's finances after one missed bill payment
- Restricting all of the ward's personal choices to prevent any risk of harm
Correct answer: Exploring supported decision-making and representative payee options before seeking full guardianship
The least restrictive alternative principle requires exploring less intrusive options such as supported decision-making before seeking or maintaining full guardianship.
Question 4: A guardian faces a conflict between respecting a ward's expressed preferences and protecting the ward's safety. Which ethical principle should guide this tension?
- Safety always overrides autonomy in all circumstances
- Autonomy should be maximized to the extent consistent with avoiding serious harm (Correct answer)
- The court's previous orders are the only relevant guide
- Family preferences should break any tie between safety and autonomy
Correct answer: Autonomy should be maximized to the extent consistent with avoiding serious harm
Guardians must balance autonomy with protection, preserving the ward's self-determination as much as possible while preventing serious harm.
Question 5: What challenge is most commonly associated with managing multiple guardianship cases simultaneously?
- Difficulty obtaining court approval for routine decisions
- Risk of inadequate individualized attention and potential conflicts of interest (Correct answer)
- Excessive oversight from state licensing boards
- Inability to charge professional fees for services rendered
Correct answer: Risk of inadequate individualized attention and potential conflicts of interest
Managing too many cases simultaneously risks insufficient individualized attention to each ward's needs and increases the potential for conflicts of interest.
Question 6: A ward inherits a large sum of money during guardianship. What opportunity does this present for the guardian?
- An opportunity to reduce guardian fees by investing the inheritance
- An opportunity to reassess whether a less restrictive arrangement could now serve the ward better (Correct answer)
- An opportunity to petition the court to end reporting requirements
- An opportunity for the guardian to receive a percentage as compensation
Correct answer: An opportunity to reassess whether a less restrictive arrangement could now serve the ward better
A change in financial circumstances may enable greater independence or different care options, giving the guardian an opportunity to revisit whether full guardianship remains necessary.
Question 7: Which professional development activity best positions a guardian to address emerging challenges in the field?
- Reviewing only the state statutes under which they are currently licensed
- Attending continuing education on evolving laws, ethics, and best practices in guardianship (Correct answer)
- Relying solely on experience from past cases to handle new situations
- Delegating all complex cases to attorneys without personal involvement
Correct answer: Attending continuing education on evolving laws, ethics, and best practices in guardianship
Ongoing continuing education keeps guardians current on legal changes, ethical standards, and best practices necessary to handle evolving challenges.
CPG Challenges and Opportunities 2
A guardian discovers their ward has untreated depression that was never diagnosed before guardianship.
What is the guardian's primary obligation?