NATIONAL GUARDIANSHIP ASSOCIATION UPDATED
PRACTICE TEST QUESTIONS AND ANSWERS GRADED A+
✔✔Guardian of the Person - ✔✔A guardian who possesses any or all powers and rights
granted by the court with regard to the
personal affairs of the individual.
✔✔Individual Professional Guardian - ✔✔An individual, who is not related to the ward
by blood or marriage and who with court approval,
may receive compensation in his or her role as guardian. He/she usually act as
guardian for two
or more individuals
✔✔Limited Guardian - ✔✔A guardian who is appointed by the court to exercise the
legal rights and powers specifically
designated by a court order entered after the court has found that the ward lacks
capacity to do
some, but not all, of the tasks necessary to care for his or her person or property, or
after the
person voluntarily petitions for appointment of a limited guardian. A limited guardian
may possess
fewer than all of the legal rights and powers of a plenary guardian. Also Partial
Guardian.
✔✔Partial Guardian - ✔✔A guardian who possesses fewer than all of the legal rights
and powers of a plenary guardian.
✔✔Plenary Guardian - ✔✔A person who is appointed by the court to exercise all
delegable legal rights and powers of the
ward after the court has found the ward lacks the capacity to perform all of the tasks
necessary to
care for his or her person or property.
✔✔Pre-need Guardian - ✔✔A guardian who is formally nominated before a guardian is
needed.
✔✔Public Guardian - ✔✔A guardian appointed by the court, who is deemed to be an
officer of the court. This person may
be appointed to guardianship over many incompetent or incapacitated persons. The
appointee
may be paid for services from public funds or from assets of the incapacitated person of
concern,
if such funds are available. (
,✔✔Standby Guardian - ✔✔A person, agency or organization whose appointment as
guardian shall become effective without
further proceedings immediately upon the death, incapacity, resignation, or temporary
absence or
unavailability of the initially appointed guardian.
✔✔State Guardian - ✔✔A branch of the government of the state which is appointed
when no one else is willing or able to
act as guardian for incapacitated residents of the state.
✔✔Successor Guardian - ✔✔A guardian who is appointed to act upon the death or
resignation of a previous guardian. (
✔✔Volunteer Guardian - ✔✔A person who is not related to the ward by blood or
marriage and who does not receive any
compensation in his or her role as guardian. The guardian may receive reimbursement
of
expenses or a minimum stipend with court approval.
✔✔Incapacitated or Incompetent Person/Conservatee - ✔✔Any person who is impaired
by an intoxicant, by mental illness or deficiency, physical illness or disability
to the extent that personal decision-making is impossible. (Black's) Also Incompetent
Person. (Black's)
✔✔Incapacity or Incompetency - ✔✔A person's inability to make and then act upon
personal and/or property decisions on his or her own
behalf.
✔✔Indigent - ✔✔One who is needy and poor, or one who has not sufficient property to
furnish him/her a living nor anyone
to support him/her who he/she is entitled to look for support
✔✔Indigency - ✔✔The state or condition of a person who lacks the means of
subsistence; extreme hardship or neediness;
poverty.
✔✔Informed Consent - ✔✔A person's agreement to allow something to happen, made
with knowledge of risks involved and the
alternatives. A patient's knowing choice about a medical treatment or procedure, made
after a physician
or other healthcare provider discloses whatever information a reasonable prudent
provider within the
medical community would give to a patient regarding the risks involved in the proposed
treatment or
procedure.
, ✔✔Interested Person - ✔✔Individuals who, according to state statute, have a right to
notice regarding a guardianship cause of
action. This may include parents, siblings, spouse, and residential provider.
✔✔Least Intrusive - ✔✔A mechanism, course of action, or situation, which allows the
ward the greatest opportunity for autonomy
with a minimum of intervention.
✔✔Least Restrictive Alternative - ✔✔A mechanism, course of action, or environment
which allows the ward to live, learn, and work in a setting
which places as few limits as possible on the ward's rights and personal freedoms as is
appropriate to
meet the needs of the ward.
✔✔Letters of Office - ✔✔Formal document issued by the court containing or attesting
the grant of some power authority or right.
Also Letters of Guardianship.
✔✔Notice of Motion - ✔✔A notice in writing, related to a specific case, stating that on a
certain day, a motion will be made to the
court for the purpose or object stated.
✔✔Oath of Office - ✔✔A legal document signed by the guardian in which he/she
pledges to carry out his/her legal obligations to
the ward in a proper manner.
✔✔Parens Patriae - ✔✔A legal principle meaning that the state or the government can
act to determine what is in the best
interests of an individual, even if the individual disagrees, on the basis of evidence of
incapacitation or
charges of personal or serious property mismanagement. Literally, the "father of the
country."
✔✔Petition - ✔✔A formal, written request presented to a court or other official body.
(Black's) For example, relative to
guardianship, the document filed to initiate the process for adjudication of disability and
appointment of a
guardian.
✔✔Physician's Report - ✔✔A report required, in some states, in relationship to a
guardianship proceeding, which substantiates the
need for a substitute decision maker. Also Examining Committee Report.
PRACTICE TEST QUESTIONS AND ANSWERS GRADED A+
✔✔Guardian of the Person - ✔✔A guardian who possesses any or all powers and rights
granted by the court with regard to the
personal affairs of the individual.
✔✔Individual Professional Guardian - ✔✔An individual, who is not related to the ward
by blood or marriage and who with court approval,
may receive compensation in his or her role as guardian. He/she usually act as
guardian for two
or more individuals
✔✔Limited Guardian - ✔✔A guardian who is appointed by the court to exercise the
legal rights and powers specifically
designated by a court order entered after the court has found that the ward lacks
capacity to do
some, but not all, of the tasks necessary to care for his or her person or property, or
after the
person voluntarily petitions for appointment of a limited guardian. A limited guardian
may possess
fewer than all of the legal rights and powers of a plenary guardian. Also Partial
Guardian.
✔✔Partial Guardian - ✔✔A guardian who possesses fewer than all of the legal rights
and powers of a plenary guardian.
✔✔Plenary Guardian - ✔✔A person who is appointed by the court to exercise all
delegable legal rights and powers of the
ward after the court has found the ward lacks the capacity to perform all of the tasks
necessary to
care for his or her person or property.
✔✔Pre-need Guardian - ✔✔A guardian who is formally nominated before a guardian is
needed.
✔✔Public Guardian - ✔✔A guardian appointed by the court, who is deemed to be an
officer of the court. This person may
be appointed to guardianship over many incompetent or incapacitated persons. The
appointee
may be paid for services from public funds or from assets of the incapacitated person of
concern,
if such funds are available. (
,✔✔Standby Guardian - ✔✔A person, agency or organization whose appointment as
guardian shall become effective without
further proceedings immediately upon the death, incapacity, resignation, or temporary
absence or
unavailability of the initially appointed guardian.
✔✔State Guardian - ✔✔A branch of the government of the state which is appointed
when no one else is willing or able to
act as guardian for incapacitated residents of the state.
✔✔Successor Guardian - ✔✔A guardian who is appointed to act upon the death or
resignation of a previous guardian. (
✔✔Volunteer Guardian - ✔✔A person who is not related to the ward by blood or
marriage and who does not receive any
compensation in his or her role as guardian. The guardian may receive reimbursement
of
expenses or a minimum stipend with court approval.
✔✔Incapacitated or Incompetent Person/Conservatee - ✔✔Any person who is impaired
by an intoxicant, by mental illness or deficiency, physical illness or disability
to the extent that personal decision-making is impossible. (Black's) Also Incompetent
Person. (Black's)
✔✔Incapacity or Incompetency - ✔✔A person's inability to make and then act upon
personal and/or property decisions on his or her own
behalf.
✔✔Indigent - ✔✔One who is needy and poor, or one who has not sufficient property to
furnish him/her a living nor anyone
to support him/her who he/she is entitled to look for support
✔✔Indigency - ✔✔The state or condition of a person who lacks the means of
subsistence; extreme hardship or neediness;
poverty.
✔✔Informed Consent - ✔✔A person's agreement to allow something to happen, made
with knowledge of risks involved and the
alternatives. A patient's knowing choice about a medical treatment or procedure, made
after a physician
or other healthcare provider discloses whatever information a reasonable prudent
provider within the
medical community would give to a patient regarding the risks involved in the proposed
treatment or
procedure.
, ✔✔Interested Person - ✔✔Individuals who, according to state statute, have a right to
notice regarding a guardianship cause of
action. This may include parents, siblings, spouse, and residential provider.
✔✔Least Intrusive - ✔✔A mechanism, course of action, or situation, which allows the
ward the greatest opportunity for autonomy
with a minimum of intervention.
✔✔Least Restrictive Alternative - ✔✔A mechanism, course of action, or environment
which allows the ward to live, learn, and work in a setting
which places as few limits as possible on the ward's rights and personal freedoms as is
appropriate to
meet the needs of the ward.
✔✔Letters of Office - ✔✔Formal document issued by the court containing or attesting
the grant of some power authority or right.
Also Letters of Guardianship.
✔✔Notice of Motion - ✔✔A notice in writing, related to a specific case, stating that on a
certain day, a motion will be made to the
court for the purpose or object stated.
✔✔Oath of Office - ✔✔A legal document signed by the guardian in which he/she
pledges to carry out his/her legal obligations to
the ward in a proper manner.
✔✔Parens Patriae - ✔✔A legal principle meaning that the state or the government can
act to determine what is in the best
interests of an individual, even if the individual disagrees, on the basis of evidence of
incapacitation or
charges of personal or serious property mismanagement. Literally, the "father of the
country."
✔✔Petition - ✔✔A formal, written request presented to a court or other official body.
(Black's) For example, relative to
guardianship, the document filed to initiate the process for adjudication of disability and
appointment of a
guardian.
✔✔Physician's Report - ✔✔A report required, in some states, in relationship to a
guardianship proceeding, which substantiates the
need for a substitute decision maker. Also Examining Committee Report.
