Guardianship certification practice test
1. What is guardianship: A legal process designed to protect vulnerable
persons from abuse, neglect (self-neglect) and exploitation.
2. What is the primary role of a guardian?: Advocacy
3. What are the duties of a guardian?:
Advocate for ward needs/rights arrange for services monitor services
act as a surrogate decisions maker
4. When are annual reports considered to be delinquent?: 14 months after the
qualification date
5. Who can serve as co-guardians?: Married couples only
6. When do letter of guardianships expire?: 16 months after the qualification
date
7. When is a successor guardian needed?: Death of a guardian, resignation of
a guardian, incapacitation of a guardian, removal of a guardian by the court.
8. If the guardian dies, what happens to the Ward?: There is no decision
maker until a successor guardian is appointed.
9. When does a temporary guardianship expire?: 60 days
10. how often is a guardian required to visit the Ward?: Once a month
11. How often should a guardian visit a Ward?: As often as they can
12. What does POD stand for?: Payable on death
13. A Ward is having sex with another resident of the facility. What is the
most appropriate course of action for the guardian to take?: Determine if
the sexual acts are consensual
14. A Ward was abused by her brother and is displaying signs of that abuse.
The brother now wants to visit with the Ward. What is the most
appropriate course of action?: Allow Ward to have supervised visits with her
brother if she wants to see him.
15. What is the appropriate venue to file an application of guardianship?>:
the court within the county in which the proposed Ward lives.
16. What is the least important factor in decision making regarding Ward?>:
Cost
17. Who provides a second opinion regarding serious medical treatment
needed for a Ward?: An independent doctor
18. What is the purpose of a Qualified Income Trust (Miller Trust): To make a
person eligible for Medicaid
19. When is a Qualified Income Trust (miller trust) needed?: When a person's
monthly income is 3 times the amount of the current SSI payment.
20. Is a court order necessary to establish a Qualified Income Trust?: yes
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21 What might a veteran of the US armed forces Who served during a time of
war or period of conflict be eligible for?: Aid and assistance for unreimbursed
medical expenses/care
22. How many days does the guardian have to file an inventory after
qualification?: 30 days from the qualification
23. What reporting requirements does a Guardian of Estate have to file: An
annual account
24. When can a temporary guardian be appointed: When a proposed Ward is
in imminent danger
25. Who is appointed by the court to represent the Wards best interest:
Guardian Ad Litem (GAL)
26. Who is appointed by the court to represent the Ward's wishes: Attorney
Ad
Litem (AAL)
27. How many days does a certified guardian have to notify the JBCC in
writing of any change in name, address, or telephone number: 30 days
28. What must be contained on each document filed with the court by the
certified guardian: the certified guardian's certification number
29. When must the Guardian of Estate file an investment plan: 180 days from
the appointment date
30. When must a creditors notice be filed: within 30 days of the qualification
date
31. When is an annual report/account due: Within 14 months after the
qualification date
32. What type of doctor performs eye surgery: opthalmologist
33. Which is not a less restrictive alternative: Restricted Account at a bank
34. Which of the following is not a guideline for making decisions for a
Ward: Best benefit principle
35. What type of care is given to an individual receiving hospice services:
Palliative care
36. What is a terminal condition: A condition that is not curable and expected to
cause death within 6 months regardless of life-sustaining treatment
37. As a guardian you want to sale or abandon your Ward's property. Who
must the guardian receive permission from to do so: judge
38. A durable power of attorney terminates qualification of a permanent
guardian: true
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39. when is the qualification date determined: the date in which the
appointment of the guardian, the bond has been paid, and the oath is taken
40. What rights are typically removed by a guardian: Decide residence, to
consent to medical treatment, to have a driver's license, to manage property,
to contract or file lawsuits, and the right to marry.
41 What right can never be delegated to the guardian on behalf of the Ward:
The right to vote
42. What will get a guardian removed by the court?: Failure to file an annual
report/annual account
Failure to file inventory within 30 days
When the guardian leaves the state for more than 3months without permission of
the court
43. According to the Texas minimum standards, which is the guardians
best alternative for establishing a burial plan for a Ward who cannot
communicate
and has no burial plan?: Speak with family about family traditions
determine what plans was made for Wards Spouse research
practices based on Wards religion
44. What is a diagnostic tool that measures the overall well-being of an
individual and provides a picture of the persons abilities in a variety of
situation?-
: Functional Assessment
45. How can a decision be made using substituted judgement when a Ward
cannot convey values, beliefs, and preferences?: The guardian can speak with
family to determine if Ward's values, beliefs, and preferences are known.
(if there is no prior knowledge, the guardian must use the Best Interest Principle to
make the decision)
46. Your Ward has two grandchildren and has given them a small amount
of money for Christmas each year since birth. This is very important to her,
and she asks you to do this for her. What do you need to do?: Ask the court
to put in the order to continue the yearly disbursement as long as the resources
allows 47. What services must a patient in hospice program receive?:
Palliative care 48. Which of the following is not an alternative to
gaurdianship?: Restricted bank account or an irrevocable trust
49. When determining the Ward's desires and values, how much weight
should the guardian give the information received to family members: if the
Wards desires or wishes are known, the guardian should use substituted judgement
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if doing so isn't harmful to Ward. (Family members can serve as a good source of
information if the Ward is unable to communicate)
50. Which of the following is NOT an appropriate venue for filing an
application for guardian of an adult?: The county in which the proposed guardian
resides 51. You have been appointed guardian for an 88-year-old women who
is living in her own home. The house is full of junk she collected for years,
and she has 16 cats. What action should the guardian take?: Always inventory
the home as first priority. Take pictures of items; Remove and secure items that you
may think has value; Have items appraised; Address other issues in order of
importance.
52 What should a guardian do when a Ward loves gardening but her back yard
faces onto busy traffic and is surrounded by menacing dogs?: Build a fence
around the backyard.
53. How should a guardian proceed when a medical intervention
possesses significant risk?: Be sure to obtain informed consent (to include
benefits and risk of intervention)
Ask for a second opinion from an independent doctor, if needed
Make the decision based on Ward's wishes if known, if not, use the best interest
principle
54. Which element of the functional assessment helps determine cognitive
abilities?: Psychosocial
55. Your Ward wants to remain in her hown home, but her physician has
recommended that she cant live alone. What should you do?: speak with the
doctor to determine exactly what services the Ward's need and obtain/coordinate
such services and supports to allow ward to remain in her home.
56. What are the primary purpose of visits made by the guardian?: To
ensure the Wards safety, personal needs, and medical needs are being
addressed.
57. There is a new nurse on duty; she will not allow you to see the Wards
medical chart. What is the best action to take?: Ask to speak with the
administrator of the facility to request records
Be very persistent until the records are provided to you Do
not accept no for an answer.
58. When is the attorney Ad Litem no longer obligated to represent the
Ward?: When the guardianship is granted or dismissed
When the attorney is discharged by the court
59. What should the guardian do if a Ward is sexually active with another
resident?: Determine if the sex is consensual
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60. What type of guardianship is appointed when some of the Ward's rights
are retained or have been restored: Limited guardianships
61. Who must be personally served of a pending guardianship case:
proposed ward, the wards spouse, and wards parents
62. clear and convincing evidence: the proposed ward is an incapacitated
person it is in the best interest of the proposed ward to appoint a guardian
the rights of the proposed ward or the proposed wards property will be protected by
the appointed guardian
63. preponderance of the evidence: The court has venue or that this court is
the proper court to make the determination of necessity of guardianship the
person to be appointed as guardian is eligible and qualified to serve as guardian
the proposed ward is totally incapacitated; or is partially incapacitated, and can
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Guardianship certification practice test
Study online at https://quizlet.com/_cf2ez1
perform some, but not all, of the tasks necessary to care for himself or herself and
manage the individuals property. 64. Notice to Creditors: 30 days
(Creditors then have 4 months from date of notice)
65. Types of Directives: Directive to physician
Out of hospital DNR
Medical Power of Attorney
66. order of consent for comatose, incapacitated, or otherwise mentally or
physically incapable of communications. A surrogate Decision Maker
can consent: spouse
adult child who has the waiver of consent of all other children to make decisions
A majority of the patients reasonably available adult children patients'
parents
an individual identified to act for the person prior to incapacitation
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