Case Analysis Flashcards

A ward refuses to take prescribed psychiatric medication, and the guardian's order does not include authority over psychotropic drugs. What should the guardian do?

Answer: Seek specific court authority or follow state procedures before consenting to involuntary medication

Many states require specific court authorization for involuntary psychotropic medication beyond general guardianship powers.

An estate guardian finds a $40,000 sum sitting in a non-interest-bearing checking account for a ward with low living expenses. What is the best practice?

Answer: Invest prudently according to the prudent investor standard and any court rules

Guardians must manage assets prudently, which includes reasonable investment rather than leaving funds idle.

A ward on Medicaid is about to receive a $15,000 inheritance. What is the guardian's most important consideration?

Answer: Assess the impact on means-tested benefits and consider options such as a special needs trust with court approval

Unexpected assets can jeopardize Medicaid eligibility, so planning tools like special needs trusts should be evaluated.

A ward tells the guardian that a nursing aide has been rough with her during bathing. What should the guardian do?

Answer: Report the allegation to facility management and the appropriate protective agency and monitor her safety

Guardians must take abuse allegations seriously and report them to the proper authorities promptly.

A ward with no known prior wishes is terminally ill, and the medical team asks whether to continue aggressive treatment. Which standard applies?

Answer: Best interest standard, considering the ward's comfort, prognosis, and any expressed values

When the person's wishes are unknown and cannot be determined, the best interest standard applies.

Two adult children disagree about where their father, the ward, should live, and each demands the guardian side with them. What should the guardian prioritize?

Answer: The ward's own preferences and needs

The guardian's duty runs to the ward, not to family members, so the person's wishes and needs come first.

A guardian has not visited a ward in a distant facility for eight months but receives monthly phone updates from staff. How does this align with NGA standards?

Answer: It falls short, because standards call for regular in-person visits, generally at least monthly

NGA Standards of Practice call for regular personal visits, generally at least monthly, to assess the person's condition.