CPG Roles and Responsibilities 3 — Questions and Answers
Question 1: Which principle requires a guardian to choose the option that most closely reflects what the ward would have chosen when capable?
- Best interest standard
- Substituted judgment standard (Correct answer)
- Parens patriae doctrine
- Prudent person rule
Correct answer: Substituted judgment standard
The substituted judgment standard directs guardians to make decisions based on the ward's previously expressed values, preferences, and choices rather than what others think is best.
Question 2: A guardian of property wants to make a charitable donation from the ward's funds to a cause the ward supported before losing capacity. What should the guardian do?
- Make the donation immediately since it reflects the ward's prior wishes
- Refuse all charitable giving as it reduces the ward's estate
- Review state law, the guardianship order, and seek court approval if required (Correct answer)
- Ask family members to vote on whether to make the donation
Correct answer: Review state law, the guardianship order, and seek court approval if required
Charitable donations from a ward's estate may require court approval depending on state law and the guardianship order, as they permanently reduce available assets.
Question 3: A professional guardian oversees multiple wards. How must the guardian handle the financial accounts of each ward?
- Pool all funds for easier management and split costs proportionally
- Keep each ward's funds in completely separate, individually titled accounts (Correct answer)
- Combine funds only if all wards share the same family
- Use a single trust account as long as detailed records are kept
Correct answer: Keep each ward's funds in completely separate, individually titled accounts
Guardian funds must never be commingled; each ward's assets must be held in separate accounts to prevent confusion, liability, and potential misappropriation.
Question 4: What does the term 'plenary guardianship' mean in the context of a guardian's roles and responsibilities?
- Guardianship limited to financial decisions only
- Full guardianship covering all personal and financial decisions (Correct answer)
- Temporary emergency guardianship pending a full hearing
- Guardianship shared jointly between two appointed guardians
Correct answer: Full guardianship covering all personal and financial decisions
Plenary guardianship grants the guardian authority over all aspects of the ward's life, including personal care and financial matters, representing the most comprehensive form of guardianship.
Question 5: A guardian discovers that a facility housing the ward has filed a lien against the ward's property for unpaid fees that the guardian believes are incorrect. What should the guardian do?
- Pay the lien immediately to protect the ward's housing
- Ignore the lien since it is the facility's problem to resolve
- Investigate the claim, dispute it if unwarranted, and consult legal counsel (Correct answer)
- Sell the ward's property to cover potential liability
Correct answer: Investigate the claim, dispute it if unwarranted, and consult legal counsel
A guardian has a fiduciary duty to protect the ward's estate, which includes investigating and disputing improper claims or liens with legal assistance if necessary.
Question 6: Which of the following best describes the guardian's duty of loyalty?
- Remaining loyal to the court that appointed the guardian
- Acting solely in the ward's interest without personal gain or conflict (Correct answer)
- Maintaining loyalty to the ward's family in all decision-making
- Following the instructions of the ward's healthcare provider at all times
Correct answer: Acting solely in the ward's interest without personal gain or conflict
The duty of loyalty requires guardians to place the ward's interests above all others, including their own financial interests and the interests of the ward's family.
Question 7: A guardian of the person is responsible for ensuring a ward receives appropriate education. This responsibility is most likely to arise when the ward is:
- An elderly adult with dementia
- A minor child under guardianship (Correct answer)
- An adult with a physical disability only
- An adult who voluntarily requested guardianship
Correct answer: A minor child under guardianship
Educational decisions are a primary responsibility of guardians of minor children, who step into a parental role for educational planning and school-related decisions.
CPG Roles and Responsibilities 3
Which principle requires a guardian to choose the option that most closely reflects what the ward would have chosen when capable?