CSA Certified Senior Advisor Legal Issues and Elder Law Questions and Answers 1 — Questions and Answers
Question 1: Which legal document authorizes a trusted person to make financial decisions on behalf of a senior who becomes incapacitated?
- Durable Power of Attorney (Correct answer)
- Living Will
- Guardianship Order
- Revocable Trust
Correct answer: Durable Power of Attorney
A Durable Power of Attorney remains valid even if the principal becomes incapacitated, authorizing the agent to manage financial affairs.
Question 2: What is elder financial abuse most commonly defined as?
- The illegal or improper use of an older adult's funds, property, or assets (Correct answer)
- Refusing to pay a senior's medical bills
- Failing to update a senior's will
- Denying a senior access to their bank account for their own protection
Correct answer: The illegal or improper use of an older adult's funds, property, or assets
Elder financial abuse involves the illegal or improper use of an older adult's money, property, or assets, often by someone in a position of trust.
Question 3: A healthcare proxy (or healthcare power of attorney) grants an agent the authority to:
- Make medical decisions if the principal is unable to do so (Correct answer)
- Manage the principal's finances
- Distribute assets after death
- Apply for government benefits on behalf of the principal
Correct answer: Make medical decisions if the principal is unable to do so
A healthcare proxy designates an agent to make medical decisions when the principal lacks the capacity to do so themselves.
Question 4: Under federal law, Adult Protective Services (APS) is primarily responsible for:
- Investigating reports of elder abuse, neglect, and exploitation (Correct answer)
- Distributing Social Security benefits to seniors
- Licensing nursing homes and assisted living facilities
- Managing Medicare fraud investigations
Correct answer: Investigating reports of elder abuse, neglect, and exploitation
APS agencies investigate reports of abuse, neglect, and exploitation of vulnerable adults, including the elderly.
Question 5: What does 'testamentary capacity' refer to in elder law?
- The mental ability required to make a valid will (Correct answer)
- The authority to manage another person's estate
- The legal right to contest a will
- The process of probating an estate
Correct answer: The mental ability required to make a valid will
Testamentary capacity means the testator understands the nature of making a will, the extent of their property, and who their heirs are.
Question 6: Which legal arrangement involves a court appointing someone to manage the personal and/or financial affairs of an incapacitated adult?
- Guardianship/Conservatorship (Correct answer)
- Durable Power of Attorney
- Living Trust
- Advance Directive
Correct answer: Guardianship/Conservatorship
Guardianship (for personal decisions) and conservatorship (for financial decisions) are court-supervised arrangements for incapacitated adults.
CSA Certified Senior Advisor Legal Issues and Elder Law Questions and Answers 1
Which legal document authorizes a trusted person to make financial decisions on behalf of a senior who becomes incapacitated?