CPG Ethical Standards 3 — Questions and Answers
Question 1: When a ward expresses a preference that the guardian believes is not in the ward's best interest, the guardian should:
- Override the preference without discussion
- Explore the preference, explain concerns, and still honor it when it does not cause serious harm (Correct answer)
- Seek immediate court intervention
- Document the preference but always act contrary to it
Correct answer: Explore the preference, explain concerns, and still honor it when it does not cause serious harm
Guardians must balance respecting a ward's expressed wishes with protecting their well-being, honoring preferences when doing so does not cause serious harm.
Question 2: A guardian is approached by a researcher requesting access to a ward for a non-therapeutic study. The guardian's ethical obligation is to:
- Permit access if the facility approves
- Consent only if the research could directly benefit the ward and the ward does not object (Correct answer)
- Decline all research participation regardless of the study type
- Allow access if compensation is provided to the guardianship estate
Correct answer: Consent only if the research could directly benefit the ward and the ward does not object
A guardian may consent to research participation only when there is potential direct benefit to the ward and the ward does not object to participation.
Question 3: A CPG professional discovers that a colleague is misappropriating funds from a ward's estate. The ethically required action is to:
- Counsel the colleague privately before taking official action
- Report the misconduct to the appropriate regulatory or disciplinary authority (Correct answer)
- Stay neutral to preserve professional relationships
- Inform only the ward's attorney
Correct answer: Report the misconduct to the appropriate regulatory or disciplinary authority
CPG ethical standards require professionals to report known misconduct by colleagues to the appropriate authorities to protect vulnerable wards.
Question 4: Which of the following best defines 'informed consent' in the context of a guardian making a medical decision for a ward?
- The guardian signs a consent form after a physician explains risks
- The guardian thoroughly understands all risks, benefits, and alternatives before authorizing treatment (Correct answer)
- A physician obtains consent from the ward's nearest family member
- The court pre-approves all medical procedures
Correct answer: The guardian thoroughly understands all risks, benefits, and alternatives before authorizing treatment
Informed consent means the guardian must understand all relevant information—risks, benefits, and alternatives—before authorizing any medical intervention on behalf of the ward.
Question 5: A guardian who uses a ward's funds to pay for services that benefit the guardian personally is committing:
- Acceptable practice if later reimbursed
- A serious ethical violation known as self-dealing (Correct answer)
- A permissible act if disclosed in the annual report
- A minor infraction subject only to civil penalty
Correct answer: A serious ethical violation known as self-dealing
Using a ward's resources for the guardian's personal benefit is self-dealing, which is a fundamental breach of fiduciary duty.
Question 6: Under CPG standards, a guardian's obligation to visit the ward is best described as:
- Optional, based on the guardian's professional judgment
- Required at a frequency sufficient to monitor and respond to the ward's needs and conditions (Correct answer)
- Required only when the court orders a status update
- Fulfilled entirely through telephone or video contact
Correct answer: Required at a frequency sufficient to monitor and respond to the ward's needs and conditions
Guardians are ethically required to maintain personal contact with their wards at a frequency that allows them to adequately monitor the ward's well-being and living conditions.
Question 7: When a ward lacks any known prior directives and has no expressed preferences, the guardian should make decisions based on:
- The guardian's personal values and beliefs
- The best-interest standard, considering the ward's overall welfare (Correct answer)
- The preferences of the ward's closest living relative
- The most cost-effective available option
Correct answer: The best-interest standard, considering the ward's overall welfare
When substituted judgment is impossible due to lack of known preferences, the guardian must apply the best-interest standard focused on the ward's overall welfare.
CPG Ethical Standards 3
When a ward expresses a preference that the guardian believes is not in the ward's best interest, the guardian should: