CPG Ward Rights 2 — Questions and Answers
Question 1: Under the Americans with Disabilities Act, a ward who has a physical disability retains the right to:
- Have their disability ignored by the guardian
- Reasonable accommodations in housing and services (Correct answer)
- Waive all disability protections upon court order
- Delegate accommodation decisions entirely to the guardian
Correct answer: Reasonable accommodations in housing and services
The ADA guarantees persons with disabilities, including wards, the right to reasonable accommodations regardless of guardianship status.
Question 2: A ward expresses a strong preference to attend religious services weekly. The guardian's obligation is to:
- Override the preference if inconvenient
- Facilitate the ward's religious practice to the extent possible (Correct answer)
- Seek court approval before allowing any religious activity
- Substitute the guardian's own religious beliefs for the ward's
Correct answer: Facilitate the ward's religious practice to the extent possible
Wards retain the constitutional right to practice religion, and guardians must support that right unless there is a compelling reason not to.
Question 3: Which document is MOST useful in determining a ward's preferences before incapacity?
- The guardian's personal notes
- A previously executed advance directive or living will (Correct answer)
- The probate court's general orders
- The ward's financial statements
Correct answer: A previously executed advance directive or living will
Advance directives capture the ward's own wishes expressed while competent and should guide guardian decision-making.
Question 4: A ward's right to marry may be restricted by guardianship only when:
- The guardian personally disapproves of the proposed spouse
- The court has specifically limited that right after finding incapacity to consent to marriage (Correct answer)
- The ward is over 65 years old
- The proposed marriage would reduce the ward's estate
Correct answer: The court has specifically limited that right after finding incapacity to consent to marriage
Courts must make a specific finding regarding capacity to consent to marriage before a guardian can restrict that right.
Question 5: When a ward objects to a proposed medical treatment, the guardian should FIRST:
- Proceed with treatment over the objection
- Document the objection and explore less restrictive alternatives (Correct answer)
- Immediately seek court authorization to override the objection
- Discharge the treating physician
Correct answer: Document the objection and explore less restrictive alternatives
A ward's objection must be documented and respected to the extent possible by exploring alternatives before any override is considered.
Question 6: The principle of 'substituted judgment' requires a guardian to:
- Make the decision the guardian believes is objectively best
- Make the decision the ward would have made based on the ward's known values (Correct answer)
- Defer all decisions to the treating physician
- Follow the majority preference of the ward's family
Correct answer: Make the decision the ward would have made based on the ward's known values
Substituted judgment centers on what the ward would choose, not what the guardian or others think is best.
Question 7: A ward has the right to receive visitors unless:
- The guardian prefers privacy for the ward
- The court has issued a specific order restricting visitation for the ward's protection (Correct answer)
- The visitor is not a blood relative
- The visitor lives more than 50 miles away
Correct answer: The court has issued a specific order restricting visitation for the ward's protection
Visitation can only be restricted by court order based on evidence that specific visitation is harmful to the ward.
CPG Ward Rights 2
Under the Americans with Disabilities Act, a ward who has a physical disability retains the right to: