CPG Ward Rights 3

Question 1

Which right is generally considered INALIENABLE even under full guardianship?

Accepted Answer

The right to be treated with dignity and respect

Answer

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:

Accepted Answer

Document the objection, explore alternatives, and report to the court if unresolved

Answer

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:

Accepted Answer

Petition the court to modify or terminate the guardianship

Answer

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:

Accepted Answer

Balance prior expressed wishes with current medical needs, documenting the rationale

Answer

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:

Accepted Answer

Generally transfers to the guardian as personal representative but the ward retains interests

Answer

Under HIPAA, a legal guardian typically becomes the ward's personal representative but this does not erase the ward's underlying privacy interests.

(CPG) Certified Professional Guardian Practice Test