CPG Court Procedures 3 — Questions and Answers
Question 1: In a guardianship termination proceeding, the burden of proof typically rests on:
- The original petitioner to re-prove incapacity
- The party seeking termination to show the ward has regained capacity (Correct answer)
- The ward's physician exclusively
- The court-appointed evaluator
Correct answer: The party seeking termination to show the ward has regained capacity
The party seeking termination generally must demonstrate that the ward has recovered sufficient capacity to manage their own affairs.
Question 2: What is a 'limited guardianship' order?
- A guardianship that lasts no more than 30 days
- A guardianship that restricts the guardian's authority only to areas where the ward lacks capacity (Correct answer)
- A guardianship for minors under age 12 only
- A temporary order pending appeal
Correct answer: A guardianship that restricts the guardian's authority only to areas where the ward lacks capacity
Limited guardianship preserves the ward's autonomy by restricting the guardian's authority to specific domains where the ward cannot function independently.
Question 3: When must a guardian seek court approval before changing the ward's residence?
- Only when the ward objects verbally
- When the move is to a more restrictive placement or crosses state lines (Correct answer)
- Only when the ward owns real property
- Never; residence decisions are always within the guardian's discretion
Correct answer: When the move is to a more restrictive placement or crosses state lines
Moves to more restrictive settings or out-of-state relocations typically require court authorization to protect the ward.
Question 4: A guardian ad litem in a guardianship proceeding represents:
- The state's interest in protecting public funds
- The ward's best interests as an independent advocate appointed by the court (Correct answer)
- The petitioner's legal position
- The family members opposing the guardianship
Correct answer: The ward's best interests as an independent advocate appointed by the court
A guardian ad litem is a neutral court appointee who advocates specifically for the ward's best interests during the proceeding.
Question 5: Which document formally grants authority to a person to act as guardian over an individual?
- A power of attorney
- Letters of guardianship issued by the court (Correct answer)
- A notarized consent form signed by the ward
- An advance healthcare directive
Correct answer: Letters of guardianship issued by the court
Letters of guardianship are the official court documents that confer legal authority upon the appointed guardian.
Question 6: If a ward's condition improves significantly, the appropriate legal step is to:
- Continue the full guardianship without modification
- Petition the court to modify or terminate the guardianship (Correct answer)
- Allow the guardianship to lapse automatically after one year
- Transfer authority to a family member without court involvement
Correct answer: Petition the court to modify or terminate the guardianship
Guardianship must be formally modified or terminated by the court when the ward's circumstances change significantly.
Question 7: What is the significance of the 'least restrictive alternative' principle in guardianship law?
- Courts must select the guardian with the fewest financial resources
- Courts must impose only as much restriction on the ward's rights as is necessary to protect them (Correct answer)
- Guardians must choose the cheapest care option available
- The ward must live in the least expensive residential setting
Correct answer: Courts must impose only as much restriction on the ward's rights as is necessary to protect them
The least restrictive alternative principle requires courts to limit guardianship to what is minimally necessary to protect the ward's welfare.
CPG Court Procedures 3
In a guardianship termination proceeding, the burden of proof typically rests on: