Regulatory Compliance Flashcards

A guardian wants to make a large gift from the ward's estate to the ward's grandchild. Compliant practice usually requires:

Answer: Court approval after considering the ward's estate plan and needs

Gifts from a ward's estate generally require court authorization to protect the ward's resources and intent.

Which situation would most likely trigger a guardian's duty to petition for modification or termination?

Answer: The ward's condition significantly improves, restoring capacity

Guardians should seek modification or termination when the person regains abilities that make guardianship unnecessary.

The Elder Justice Act, enacted as part of the Affordable Care Act, primarily addresses:

Answer: Elder abuse, neglect, and exploitation prevention

The Elder Justice Act created federal coordination and funding to combat elder abuse, neglect, and exploitation.

A professional guardian is offered a referral fee by a nursing home for placing wards there. This is:

Answer: An impermissible conflict of interest

Accepting compensation from service providers creates a conflict of interest that ethics standards prohibit.

When the ward dies, a guardian of the estate's compliance obligations typically include:

Answer: Filing a final accounting and delivering assets to the personal representative

At death the guardianship ends, and the guardian files a final accounting and turns assets over to the estate's personal representative.

An organizational Social Security representative payee that collects a fee for service must:

Answer: Be authorized by SSA and charge no more than the SSA-set limit

Only SSA-authorized qualified organizations may charge a fee, capped at limits SSA sets.

Under UGCOPAA, a guardian is generally required to file with the court a:

Answer: Guardianship plan describing the person's care and goals

UGCOPAA requires a person-centered guardianship plan reflecting the adult's needs, preferences, and values.