Mixed Deck — All NCG Topics Flashcards

Which action typically requires prior court approval even when a guardian of the estate has broad powers?

Answer: Selling the ward's real property

Most state statutes require court authorization before a guardian or conservator sells a ward's real estate.

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.

What documentation standard applies to professional ethics?

Answer: Comprehensive written documentation of all significant actions and communications

Comprehensive written documentation protects all parties and ensures a clear record of actions taken and communications made.

A person under guardianship with an intellectual disability is denied a job-coaching service that their plan calls for. Which agency is federally mandated to provide legal advocacy for people with disabilities?

Answer: The Protection and Advocacy (P&A) system

Every state has a federally mandated Protection and Advocacy system that provides legal advocacy for people with disabilities.

What is the guardian’s duty regarding the ward’s finances?

Answer: Manage conservatively in the ward’s best interest

A guardian's duty regarding the ward's finances is a fiduciary one, meaning they must act with the highest degree of loyalty and care. Managing conservatively in the ward's best interest ensures that assets are preserved and used solely for the ward's needs and well-being. This approach prioritizes stability and security over speculative gains, protecting the ward from financial risk.

What documentation standard applies to legal research methods?

Answer: Comprehensive written documentation of all significant actions and communications

Comprehensive written documentation protects all parties and ensures a clear record of actions taken and communications made.

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.

Which is the best example of person-centered planning by a guardian?

Answer: Including the person in developing their care plan and reflecting their goals and preferences

Person-centered planning involves the person directly and builds the plan around their values and goals.

A person under guardianship expresses a wish to have an intimate relationship with another consenting adult. The guardian should generally:

Answer: Respect the person's right to sexual expression while ensuring safety and capacity to consent

Guardians should respect the person's rights to intimacy and relationships, balancing safety and consent capacity.

When advocating for a person under guardianship, whose goals should guide the guardian's advocacy first?

Answer: The person's own goals and preferences, as far as they can be known

Person-centered advocacy puts the person's own expressed wishes and values at the center of decisions.

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.

Supported decision-making is best described as:

Answer: An arrangement where the person keeps decision-making rights and gets help from trusted supporters

Supported decision-making is a less restrictive alternative in which the individual makes their own choices with assistance.

Under NGA Standards of Practice, how often should a guardian of the person visit the ward at a minimum?

Answer: At least monthly

The NGA Standards call for the guardian to visit the person at least monthly.

What is the fundamental ethical obligation in legal research methods?

Answer: Maintaining integrity, confidentiality, and competence in service to clients and justice

Legal professionals must maintain integrity, confidentiality, and competence as fundamental ethical obligations.

A ward with mild dementia insists on keeping her longtime cat, but her assisted living facility allows pets only with a caregiver plan. What should the guardian do first?

Answer: Explore a pet care plan with the facility that honors the ward's preference

Guardians should honor the person's known preferences and seek least restrictive solutions before overriding wishes.

The Olmstead v. L.C. decision (1999) supports which advocacy goal for people under guardianship?

Answer: Receiving services in the most integrated setting appropriate to the person's needs

Olmstead held that unjustified segregation of people with disabilities is discrimination under the ADA.

How should confidentiality be maintained in documentation standards?

Answer: Protect all privileged information unless authorized disclosure applies

Confidentiality requires protecting all privileged information, with disclosure only when specifically authorized by law or the client.

Under the NGA Standards, a guardian should generally visit the person under guardianship at least how often?

Answer: Monthly

NGA Standards call for at least monthly visits so the guardian can watch the person's well-being and care.

What is the guardian’s role when choosing housing or residential placement for a ward?

Answer: To ensure the setting is the least restrictive and supports the ward’s dignity and quality of life

A guardian's fundamental duty in choosing housing or residential placement is to ensure the setting is the least restrictive environment possible while supporting the ward's dignity and quality of life. This means seeking options that maximize the ward's independence, social engagement, and personal preferences, rather than defaulting to institutional care or solely considering cost. The goal is to promote the ward's well-being and autonomy to the greatest extent possible.

What is the fundamental ethical obligation in case analysis?

Answer: Maintaining integrity, confidentiality, and competence in service to clients and justice

Legal professionals must maintain integrity, confidentiality, and competence as fundamental ethical obligations.