EXAM Questions and Answers (Verified
Answers) (Latest Update 2026)
Estate Planning Documents -CORRECTANSWER Living will, Powers of
Attorney/Durable Powers of Attorney, health care proxy, HIPAA Releases, Advanced
Directives
Definition of a Will -CORRECTANSWER Document executed by an individual directing
how his/her estate is to be distributed after his/her death
•Does NOT give authority to the executor (or other responsible person as the titles differ
by state) to do anything during the individual's lifetime
•Must have legal capacity to execute a will
•Will s may be simple or very complex
What is a Power of Attorney? -CORRECTANSWER A durable power of attorney is a
written instrument that allows an individual, called the "principal", to designate someone
else as his or her "attorney-in-fact", or "agent", to act on that principal's behalf.
DPOA Authority includes: Property dealings, Ability to contract. Access & use of
financial resources, Ability to gift, person can have multiple people assigned as an
agent -ensure can work together, Third parties may rely upon the authority granted in
,the POA until the third party receives written notice otherwise, May contain language to
include health care decisions
Always request copy -individuals should not give away originals unless necessary
Ability to contract & give consent; also ability to make gifts
Durable power of attorney survives incapacity
Immediately effective once executed (unless "Springing")
No longer valid once principal dies, if revoked in writing, if principal is determined totally
incapacitated.
Fine Print for Durable Power of Attorney -CORRECTANSWER DPOAs are NOT
recognized by federal agencies such as the VA and the Social Security Administration -
each has its own process for determining representation or fiduciary
•DPOAs can be very broad or have restrictions
•DPOAs do not expire yet many places refuse to recognize "old" documents (more than
a few years old) so may need to be re-certified by the attorney who originally executed.
•Many people download forms from the internet but then not tailored for their specific
situation
When is a POA revoked -CORRECTANSWER When principal dies, when principal
revokes the document, when Principal is adjudicated as incapacitated -but may remain
in place if durable.
,Indicators that client is at risk for financial exploitation -CORRECTANSWER Isolation,
loneliness, recent losses, physical or mental disabilities, lack of familiarity with financial
matters, having family members who are unemployed and/or have substance abuse
problems.
What is a Living Will? -CORRECTANSWER A document in which you state your wishes
about life-sustaining medical treatment if you are terminally ill, permanently
unconscious, or in the end-stage of a fatal illness. These are not recognized as legal
documents in every state
What is a living will and Durable Powers of Attny for Healthcare -CORRECTANSWER
They are both types of Healthcare Advance Directives.
The person you name is called your agent, proxy, representative, or surrogate.
Any document that gives instructions about your health care and/or appoints someone
to make medical treatment decisions for you if you cannot make them for yourself.
What is the function of a Healthcare Proxy/Surrogate? -CORRECTANSWER All health
care decisions
Provide informed consent
Make decision believes principal would make if able
Best interest (if surrogate does not know your wishes)
Withhold or withdraw treatment
Written consent for DNR
, If Healthcare Proxy is not designated -CORRECTANSWER Proxy provisions vary by
state law but typically is a spouse, child/children or other family members.
What are examples of Advanced Directives? -CORRECTANSWER Living will -as noted,
may not be recognized as legal document in every state
•Five Wishes -a nationally recognized format for individuals to give instruction to their
health care agents
•Personal Directive -individually drafted instructions -there are written formats
developed by many organizations
•MOLST (Medical Order for Life Sustaining Treatment) or POLST (Physician Order for
Life Sustaining Treatement) -becoming more widely used in various states to document
wishes and to ensure that wishes are followed across the care continuum. Wishes
include DNR, DNI, DNH, feeding tubes, antibiotics and more
•Comfort Care -generally a physician directed order regarding DNR (do not resuscitate)
orders
Indicators that client is in need of guardian (non-financial decisions--where the ward
lives and what type of medical care the ward gets) and conservator (making financial
decisions--preserves the estate of the ward). -CORRECTANSWER The court arranges
for a person or co. to make certain decisions for another person (the ward). This is set
up when the person's decision making capacity is so impaired that the person is unable
to care for his/her own personal safety or to provide for his/her necessities. The person