CPG Legal and Regulatory Framework 5

Question 1

A professional guardian's bond requirement is primarily designed to protect:

Accepted Answer

The ward's estate against financial mismanagement or theft by the guardian

Answer

A surety bond ensures the ward's assets can be recovered if the guardian misappropriates funds, directly protecting the ward's estate.

Question 2

Under the Indian Child Welfare Act (ICWA), guardianship proceedings involving a Native American child require:

Accepted Answer

Notice to the tribe and application of placement preferences favoring tribal family and community

Answer

ICWA mandates tribal notification and establishes placement preferences prioritizing extended family, tribal members, and other Indian families.

Question 3

A guardian who uses ward funds to pay for personal expenses has committed:

Accepted Answer

Breach of fiduciary duty and potentially criminal misappropriation or theft

Answer

Commingling or misusing ward funds is a serious breach of fiduciary duty that can constitute criminal theft or embezzlement.

Question 4

The legal doctrine of 'respondeat superior' can make a guardianship agency liable for a staff guardian's misconduct when:

Accepted Answer

The staff guardian's wrongful act occurs within the scope of their employment duties

Answer

Under respondeat superior, employers are vicariously liable for employees' negligent or wrongful acts performed within the scope of employment.

Question 5

Which of the following best describes 'limited guardianship'?

Accepted Answer

A guardianship restricted to specific decision-making areas where the ward lacks capacity, preserving all other rights

Answer

Limited guardianship is tailored to the ward's specific incapacity, preserving their autonomy in areas where they retain decision-making ability.

(CPG) Certified Professional Guardian Practice Test