CPG Roles and Responsibilities 2 — Questions and Answers
Question 1: When a guardian of property discovers that a ward's investment portfolio has significantly declined due to market conditions, what is the guardian's primary obligation?
- Liquidate all investments immediately to prevent further loss
- Document the decline and consult a financial advisor to act in the ward's best interest (Correct answer)
- Report the decline to the court and request emergency funds
- Transfer assets to a more secure account without court approval
Correct answer: Document the decline and consult a financial advisor to act in the ward's best interest
Guardians of property must manage assets prudently, which includes consulting financial professionals and documenting decisions when market conditions affect the ward's portfolio.
Question 2: A professional guardian learns that a ward's family member is pressuring the ward to change a long-standing living arrangement. What should the guardian do first?
- Immediately seek a restraining order against the family member
- Assess the ward's expressed wishes and best interests before taking action (Correct answer)
- Defer entirely to the family member's judgment as next of kin
- Transfer guardianship to the family member to resolve the conflict
Correct answer: Assess the ward's expressed wishes and best interests before taking action
The guardian must first evaluate the ward's own preferences and what genuinely serves their best interests before responding to third-party pressure.
Question 3: Which document must a guardian typically file with the court on a regular basis to demonstrate accountability for the ward's care?
- A power of attorney
- A guardianship bond
- A periodic report or annual accounting (Correct answer)
- A healthcare proxy
Correct answer: A periodic report or annual accounting
Courts require guardians to file periodic reports and/or accountings to ensure ongoing oversight and accountability for the ward's wellbeing and finances.
Question 4: A ward who has been under guardianship for two years shows significant cognitive improvement. What is the guardian's ethical responsibility?
- Continue the guardianship indefinitely to protect the ward
- Petition the court to review and potentially modify or terminate the guardianship (Correct answer)
- Reduce supervision gradually without notifying the court
- Transfer guardianship to a family member
Correct answer: Petition the court to review and potentially modify or terminate the guardianship
Guardians have an ethical duty to seek the least restrictive arrangement, which includes petitioning for modification or termination if the ward's capacity improves.
Question 5: A professional guardian serves as guardian for a ward who owns a small business. The guardian has an opportunity to purchase supplies from that business. This situation represents a potential:
- Conflict of interest requiring court approval or avoidance (Correct answer)
- Legitimate business relationship with no ethical concerns
- Opportunity to benefit the ward's estate through commerce
- Standard transaction that should be documented in the annual report
Correct answer: Conflict of interest requiring court approval or avoidance
Self-dealing or transactions that benefit the guardian personally create conflicts of interest that must be avoided or disclosed and approved by the court.
Question 6: When must a guardian of the person seek court approval before acting?
- Before scheduling any routine medical appointment
- Before making major medical decisions such as elective surgery or experimental treatment (Correct answer)
- Before choosing the ward's daily meals or clothing
- Before arranging transportation for the ward
Correct answer: Before making major medical decisions such as elective surgery or experimental treatment
Major medical decisions, particularly elective procedures or experimental treatments, typically require court approval because they carry significant risk and are outside routine care.
Question 7: A guardian is approached by a researcher who wants to include the ward in a clinical study. The ward lacks capacity to consent. What is the correct course of action?
- Consent on the ward's behalf if the study appears beneficial
- Refuse all research participation since the ward cannot consent personally
- Seek court guidance and apply substituted judgment or best interest standards (Correct answer)
- Allow participation only if a family member also agrees
Correct answer: Seek court guidance and apply substituted judgment or best interest standards
Research participation for incapacitated individuals requires careful ethical analysis using substituted judgment or best interest standards, often with court involvement.
CPG Roles and Responsibilities 2
When a guardian of property discovers that a ward's investment portfolio has significantly declined due to market conditions, what is the guardian's primary obligation?