Regulatory Compliance Flashcards

Which practice violates the rule against commingling?

Answer: Depositing a ward's funds into the guardian's business operating account

Commingling occurs when ward funds are mixed with the guardian's own personal or business money.

For SSI purposes, a single individual's countable resource limit is generally:

Answer: $2,000

SSI's countable resource limit for an individual has long been $2,000 ($3,000 for a couple).

A guardian of the estate files an inventory late without explanation. What is a likely regulatory consequence?

Answer: Court may issue a show-cause order, sanctions, or removal

Courts enforce filing deadlines through show-cause orders, contempt, sanctions, or removal of the guardian.

A guardian discovers a professional caregiver is financially exploiting the ward. What is the most appropriate first compliance step?

Answer: Report to Adult Protective Services or law enforcement and protect the assets

Suspected exploitation should be reported to APS or law enforcement while the guardian takes steps to safeguard assets.

Being appointed a state-court guardian of the estate automatically makes the guardian the ward's Social Security representative payee.

Answer: False, SSA makes its own payee determination

SSA independently selects representative payees, though a legal guardian is often a preferred applicant.

The Medicaid look-back period for asset transfers when applying for long-term care in most states is:

Answer: 60 months

The Deficit Reduction Act of 2005 set a 60-month look-back for most transfers when determining long-term care Medicaid eligibility.

Under the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA), a guardian may restrict the adult's visits with others generally only if:

Answer: Authorized by court order, protective order, or to prevent significant harm with prompt court notice

UGCOPAA limits a guardian's power to restrict communication and visitation to court orders or situations of significant risk of harm.