NCG Regulatory Compliance 2

Question 1

A guardian wishes to purchase the ward's car for personal use at fair market value. What is the compliant course of action?

Accepted Answer

Obtain prior court approval with full disclosure of the conflict

Answer

Self-dealing transactions are conflicts of interest that generally require full disclosure and court approval beforehand.

Question 2

Which federal agency appoints and oversees fiduciaries for veterans who cannot manage their VA benefits?

Accepted Answer

Department of Veterans Affairs

Answer

The VA runs its own fiduciary program and appoints fiduciaries for incompetent beneficiaries independent of state guardianship.

Question 3

Under the NGA Standards of Practice, a guardian should visit the person under guardianship at least:

Accepted Answer

Monthly

Answer

NGA standards call for the guardian to visit the person no less than monthly.

Question 4

Under HIPAA, how is a court-appointed guardian with health care decision-making authority generally treated?

Accepted Answer

As the ward's personal representative

Answer

HIPAA (45 CFR 164.502(g)) treats a person with legal authority to make health decisions as the individual's personal representative.

Question 5

The primary purpose of requiring a guardian to post a surety bond is to:

Accepted Answer

Protect the ward's estate against loss from guardian misconduct

Answer

A bond provides a recovery source if the guardian mismanages or misappropriates estate assets.

NCG - National Certified Guardian Practice Test