CPG Court Procedures 2 — Questions and Answers
Question 1: When a guardian files an annual accounting with the court, what must the document typically include?
- A list of the ward's social activities
- All receipts, disbursements, and current inventory of assets (Correct answer)
- Only a summary of medical decisions made during the year
- A personal statement from the ward expressing satisfaction
Correct answer: All receipts, disbursements, and current inventory of assets
Annual accountings must detail all financial transactions including receipts, disbursements, and a current asset inventory.
Question 2: What is the primary purpose of an inventory filing in a guardianship case?
- To list the guardian's personal credentials
- To document all of the ward's assets at the time guardianship is established (Correct answer)
- To record the ward's medical history
- To schedule future court hearings
Correct answer: To document all of the ward's assets at the time guardianship is established
An inventory establishes the baseline record of the ward's assets at the commencement of guardianship.
Question 3: Which of the following actions generally requires prior court approval in a guardianship proceeding?
- Purchasing groceries for the ward
- Scheduling routine medical checkups
- Selling real property belonging to the ward (Correct answer)
- Choosing the ward's clothing
Correct answer: Selling real property belonging to the ward
Selling real property is a major transaction that courts typically require prior approval to protect the ward's estate.
Question 4: If a guardian discovers a conflict of interest in a pending transaction, the correct course of action is to:
- Complete the transaction quickly before the court is notified
- Disclose the conflict to the court and seek guidance or appointment of a guardian ad litem (Correct answer)
- Delegate the decision to the ward's family
- Ignore it if the transaction benefits the ward financially
Correct answer: Disclose the conflict to the court and seek guidance or appointment of a guardian ad litem
Conflicts of interest must be disclosed to the court, which may appoint a guardian ad litem to protect the ward's interests.
Question 5: A 'show cause' order in a guardianship case typically requires the guardian to:
- Present evidence of the ward's disability to a new judge
- Appear in court and explain why a particular action was taken or not taken (Correct answer)
- File a new petition for guardianship
- Transfer assets to a court-controlled account
Correct answer: Appear in court and explain why a particular action was taken or not taken
A show cause order directs the guardian to appear and provide justification for a specific act or omission.
Question 6: Which party is typically required to receive notice of a guardianship petition under most state statutes?
- Only the petitioner's attorney
- The alleged incapacitated person and their close relatives (Correct answer)
- The local newspaper only
- Only the state adult protective services agency
Correct answer: The alleged incapacitated person and their close relatives
Due process requires that the alleged incapacitated person and typically their closest relatives receive notice of the petition.
Question 7: What does 'substituted judgment' mean in the context of guardian decision-making?
- The court substitutes a new guardian without a hearing
- The guardian makes decisions based on what the ward would have chosen if competent (Correct answer)
- The guardian substitutes financial advisors for major transactions
- A judge directly makes all decisions for the ward
Correct answer: The guardian makes decisions based on what the ward would have chosen if competent
Substituted judgment requires the guardian to replicate the ward's own preferences and values rather than imposing the guardian's choices.
CPG Court Procedures 2
When a guardian files an annual accounting with the court, what must the document typically include?