Health Care & Personal Decision-Making Flashcards

Before losing capacity, a ward clearly told family she would never want dialysis. Under NGA Standards, which decision-making standard should the guardian primarily apply?

Answer: Substituted judgment

When the ward's prior wishes are known, the guardian uses substituted judgment to make the choice the ward would have made.

A guardian cannot determine a ward's past preferences or values after a diligent search. Which standard applies?

Answer: Best interest

The best interest standard is used only when the ward's wishes cannot be determined.

Which of the following is NOT a required element of informed consent to medical treatment?

Answer: A guarantee of a successful outcome

Informed consent requires disclosure of risks, benefits, and alternatives, but no provider can guarantee results.

Under HIPAA, a court-appointed guardian with health care authority is generally treated as the ward's:

Answer: Personal representative

HIPAA treats a person with legal authority to make health decisions for an individual as that individual's personal representative for relevant PHI.

A ward executed a valid health care power of attorney before the guardianship was established. What is the guardian's best course of action?

Answer: Respect the agent's authority and seek court direction before limiting or revoking it

NGA Standards direct guardians to honor valid advance directives and agents, and to involve the court before overriding them.

Which procedure most commonly requires specific court approval before a guardian may consent on a ward's behalf?

Answer: Sterilization

Many states require a court hearing before a guardian consents to sterilization because it is irreversible and affects fundamental rights.

When consenting to psychotropic medication for a ward, the guardian should:

Answer: Make sure the medication treats a diagnosed condition, consider less intrusive alternatives, and monitor side effects

Guardians must make sure psychotropics are clinically justified, not used for staff convenience, and regularly monitored.