CPG Ward Rights 3 — Questions and Answers
Question 1: Which right is generally considered INALIENABLE even under full guardianship?
- The right to enter contracts
- The right to vote in all jurisdictions
- The right to be treated with dignity and respect (Correct answer)
- The right to manage real property
Correct answer: The right to be treated with dignity and respect
The right to dignity and humane treatment is a fundamental right retained by all persons regardless of the scope of guardianship.
Question 2: A ward disagrees with the guardian's choice of residence. Best practice requires the guardian to:
- Ignore the preference since the court granted residential authority
- Document the objection, explore alternatives, and report to the court if unresolved (Correct answer)
- Ask the ward's family to persuade the ward
- Seek an emergency order to force compliance
Correct answer: Document the objection, explore alternatives, and report to the court if unresolved
Guardians must document ward preferences about residence and present unresolved disagreements to the court for resolution.
Question 3: Under most state guardianship statutes, wards retain the right to:
- Execute binding contracts without any oversight
- Petition the court to modify or terminate the guardianship (Correct answer)
- Hire and fire their guardian at will
- Veto all guardian decisions
Correct answer: Petition the court to modify or terminate the guardianship
Wards universally retain the statutory right to petition the court to review, modify, or terminate their guardianship.
Question 4: When a ward's previously expressed wish conflicts with current medical best interest, a guardian should:
- Always follow current medical advice and disregard past wishes
- Balance prior expressed wishes with current medical needs, documenting the rationale (Correct answer)
- Automatically defer to the ward's family members
- Request a new guardianship hearing before acting
Correct answer: Balance prior expressed wishes with current medical needs, documenting the rationale
Guardians must weigh prior wishes as meaningful evidence of the ward's values while also considering current medical realities.
Question 5: A ward's right to confidentiality of medical records under HIPAA:
- Is completely waived once a guardian is appointed
- Generally transfers to the guardian as personal representative but the ward retains interests (Correct answer)
- Only applies to wards under age 65
- Requires a separate court order to invoke
Correct answer: Generally transfers to the guardian as personal representative but the ward retains interests
Under HIPAA, a legal guardian typically becomes the ward's personal representative but this does not erase the ward's underlying privacy interests.
Question 6: A guardian discovers that a ward's former neighbor has been financially exploiting the ward. The guardian's FIRST duty is to:
- Confront the neighbor directly
- Take immediate steps to protect the ward's assets and report to Adult Protective Services (Correct answer)
- Wait for the ward to complain before acting
- Consult the ward's family before any action
Correct answer: Take immediate steps to protect the ward's assets and report to Adult Protective Services
Guardians have a duty to protect the ward from exploitation and must act promptly by securing assets and making required reports.
Question 7: A ward's right to complain about their care without retaliation is BEST described as:
- A courtesy extended by the guardian
- A legally protected right under guardianship and long-term care statutes (Correct answer)
- Only applicable in nursing home settings
- Dependent on the ward's cognitive capacity
Correct answer: A legally protected right under guardianship and long-term care statutes
The right to voice grievances free from retaliation is a legal protection applicable to all wards regardless of setting or capacity level.
CPG Ward Rights 3
Which right is generally considered INALIENABLE even under full guardianship?