Case Analysis Flashcards

A new guardian is appointed for a man she has never met. What should be among her first steps?

Answer: Meet the person, learn his history and preferences, and develop a person-centered guardianship plan

Initial steps include getting to know the person and creating a plan based on their values and needs.

A ward's daughter offers to buy the ward's car for well below market value. What should the guardian do?

Answer: Decline unless a fair market sale is approved, since below-value sales harm the estate

Guardians must get fair value for estate assets and avoid transactions that benefit others at the ward's expense.

A ward's advance directive names a health care agent who is still willing and able to serve. How should the guardian generally proceed?

Answer: Respect the agent's authority unless the court has limited or revoked it

Valid advance directives and the chosen health care agent generally remain in effect unless the court orders otherwise.

An elderly ward begins giving large gifts to a new caregiver who recently befriended her. What should the guardian suspect and do?

Answer: Possible undue influence or exploitation, so investigate, protect assets, and report as needed

Sudden large gifts to a new confidant are warning signs of undue influence that guardians must investigate.

A guardian is asked by a reporter about a ward's medical condition in a newsworthy case. What should the guardian do?

Answer: Protect the ward's confidentiality and decline to share private information

Guardians must keep the person's private information confidential except as legally required or authorized.

A ward's annual accounting shows the guardian paid her own fees without the required court approval. What is the likely consequence?

Answer: The court may require repayment and could sanction or remove the guardian

Paying fees without required court approval breaches fiduciary duty and can lead to surcharge or removal.

A ward who uses a wheelchair wants to attend a weekly community art class, but transportation is difficult to arrange. What should the guardian do?

Answer: Arrange accessible transportation or supports to promote community inclusion

Guardians should support social engagement and community participation consistent with the person's interests.