CPG Healthcare Decisions 2

Question 1

When applying the substituted judgment standard, what must a professional guardian primarily attempt to determine?

Accepted Answer

What decision the ward would have made if still capable

Answer

The substituted judgment standard requires the guardian to make the decision the incapacitated person would have made based on their known values, beliefs, and preferences.

Question 2

A professional guardian discovers that their ward has a valid healthcare proxy naming a family member as healthcare agent. How should the guardian proceed?

Accepted Answer

Defer to the healthcare agent named in the proxy for medical decisions

Answer

A valid healthcare proxy generally designates a healthcare agent whose authority for medical decisions is respected even when a guardian has been appointed, unless the court order specifies otherwise.

Question 3

Under HIPAA, what is a professional guardian's status with respect to accessing a ward's protected health information?

Accepted Answer

Guardians are considered personal representatives and generally have the same access rights as the patient

Answer

HIPAA treats a legally appointed guardian as the patient's personal representative, granting the same rights to access protected health information as the patient would have.

Question 4

A ward's adult children strongly oppose a guardian's decision to discontinue aggressive cancer treatment in favor of palliative care. What should the guardian do?

Accepted Answer

Proceed based on the ward's known wishes and best interest, documenting reasoning thoroughly

Answer

The guardian's duty is to the ward, not the family; the guardian should act on the ward's best interest and known wishes while documenting the decision-making process carefully.

Question 5

Which document provides the most direct evidence of a ward's prior healthcare wishes when the guardian must make an end-of-life decision?

Accepted Answer

A living will or advance healthcare directive executed while the ward had capacity

Answer

A living will or advance directive executed while the person had decisional capacity is the most direct evidence of their personal healthcare preferences for end-of-life situations.

(CPG) Certified Professional Guardian Practice Test

(CPG) Certified Professional Guardian Practice Test

CPG Healthcare Decisions 2