CSA Certified Senior Advisor Legal Issues and Elder Law Questions and Answers 2 — Questions and Answers
Question 1: What is the primary purpose of a living will?
- To document a person's wishes regarding end-of-life medical treatment (Correct answer)
- To transfer property outside of probate
- To name a financial agent
- To designate a healthcare proxy
Correct answer: To document a person's wishes regarding end-of-life medical treatment
A living will specifies what medical interventions a person does or does not want if they become unable to communicate their wishes.
Question 2: Which federal law protects nursing home residents' rights, including the right to be informed and to participate in care planning?
- Nursing Home Reform Act (OBRA 1987) (Correct answer)
- Social Security Act of 1935
- Americans with Disabilities Act
- Elder Justice Act of 2010
Correct answer: Nursing Home Reform Act (OBRA 1987)
The Nursing Home Reform Act, passed as part of OBRA 1987, established a residents' bill of rights and quality-of-care standards for nursing facilities.
Question 3: In the context of elder law, what does 'undue influence' mean?
- Pressure that overcomes a person's free will and causes them to act against their own interests (Correct answer)
- A legal claim filed to contest a will
- A court order restricting an elder's activities
- Mandatory reporting of suspected abuse
Correct answer: Pressure that overcomes a person's free will and causes them to act against their own interests
Undue influence occurs when someone in a position of trust uses that power to dominate an elder's decision-making, often in estate planning.
Question 4: The Elder Justice Act of 2010 primarily addresses:
- Prevention, detection, and prosecution of elder abuse, neglect, and exploitation (Correct answer)
- Medicare prescription drug coverage
- Nursing home staffing ratios
- Social Security benefit calculations
Correct answer: Prevention, detection, and prosecution of elder abuse, neglect, and exploitation
The Elder Justice Act was the first comprehensive federal legislation to address elder abuse, providing funding for APS and research.
Question 5: What is a 'spend-down' in the context of Medicaid eligibility for long-term care?
- The process of reducing assets or income to meet Medicaid's financial eligibility thresholds (Correct answer)
- Monthly cost-sharing required by Medicare Part B
- A penalty imposed for improper asset transfers
- The deduction of medical expenses from taxable income
Correct answer: The process of reducing assets or income to meet Medicaid's financial eligibility thresholds
A Medicaid spend-down allows individuals with excess income or assets to qualify by incurring medical expenses that reduce their countable resources.
Question 6: Which document combines a living will and healthcare proxy into a single advance directive?
- Five Wishes (Correct answer)
- POLST (Physician Orders for Life-Sustaining Treatment)
- Do Not Resuscitate Order
- General Power of Attorney
Correct answer: Five Wishes
Five Wishes is a widely used advance directive that addresses both medical treatment preferences and the designation of a healthcare agent in one document.
CSA Certified Senior Advisor Legal Issues and Elder Law Questions and Answers 2
What is the primary purpose of a living will?