National Guardianship Association
Terminology, National Guardianship
Association Exam UPDATED QUESTIONS
AND CORRECT ANSWERS
Adjudication - CORRECT ANSWER The legal process of resolving a dispute; the
process of judicially deciding a case.
Administrator/Executor/Personal Representative - CORRECT ANSWER A person
appointed by the court to manage the assets and liabilities of an intestate decedent. Executor
is
a person named by the testator to carry out the provisions in the testator's will.
Advance Directive - CORRECT ANSWER A written instruction, such as a living will
or durable power of attorney for health care, which guides care
when an individual is terminally ill or incapacitated and unable to communicate his/her
desires.
Advocate - CORRECT ANSWER A person who assists, defends, or pleads, or
prosecutes for another.
Alleged Incapacitated Person or Person at Risk - CORRECT ANSWER Individual for
whom a guardianship proceeding has been initiated.
Arms Length Relationship - CORRECT ANSWER A relationship between two
agencies or organizations, or two divisions or departments within one agency,
which ensures independent decision-making on the part of both.
Attorney at law - CORRECT ANSWER A person who practices law.
,Attorney for the Alleged Incapacitated Person - CORRECT ANSWER An attorney
who represents the alleged incapacitated person. Such attorney shall represent the
expressed wishes of the alleged incapacitated person.
Best Interest - CORRECT ANSWER That course of action that maximizes what is best
for a ward and that includes consideration of the least
intrusive, most normalizing, and least restrictive course of action possible given the needs of
the ward.
Capacity - CORRECT ANSWER Legal qualification, competency, power, or fitness.
Ability to understand the nature of the effects of one's
acts.
Decisional Capacity - CORRECT ANSWER The ability to understand and appreciate
the nature and consequences of a decision and to reach and
communicate an informed decision in the matter.
Certified Guardian - CORRECT ANSWER The Center for Guardianship Certification
(CGC) administers a national certification program for
guardians. Several states also have their own certification, registration or licensing programs
for
guardians, fiduciaries and conservators. While state laws vary regarding the requirements for
a guardian
to be appointed, the certification from the CGC sets a guardian apart from non-certified
guardians as
someone who has met nationally recognized requirements including a minimum level of
knowledge and
experience in guardianship services.
National Certified Guardian - CORRECT ANSWER A National Certified Guardian
designation is granted to individuals who have met the minimum
eligibility standards for CGC Certification including the necessary training and testing
, requirements. The designation must be renewed every two years as long as eligibility and
continuing education requirements are met.
Clerk of Court - CORRECT ANSWER A court officer responsible for filing papers,
issuing process, and keeping records of court proceedings as
generally specified by rule or statue.
Competence - CORRECT ANSWER A basic or minimal ability to do something;
qualify esp. to testify <competence of a witness>
Competency - CORRECT ANSWER The mental ability to understand problems and
make decisions.
Conflict of Interest - CORRECT ANSWER Situations in which an individual may
receive financial or material gain or business advantage from a
decision made on behalf of another. Situations, which create a public perception of a conflict
of interest,
should be handled in the same manner as situations in which an actual conflict of interest
exists.
Court - CORRECT ANSWER A governmental body consisting of one or more judges
who sit to adjudicate disputes and administer
justice.
Court Order - CORRECT ANSWER A legal document issued by the court and signed
by a judge. Examples include a letter of guardianship;
spelling out directions for the care of the ward and the estate and authorization or denial of a
request for
action.
Court Required Report - CORRECT ANSWER A report which the guardian is required
by statute or court order to submit to the court relative to the
Terminology, National Guardianship
Association Exam UPDATED QUESTIONS
AND CORRECT ANSWERS
Adjudication - CORRECT ANSWER The legal process of resolving a dispute; the
process of judicially deciding a case.
Administrator/Executor/Personal Representative - CORRECT ANSWER A person
appointed by the court to manage the assets and liabilities of an intestate decedent. Executor
is
a person named by the testator to carry out the provisions in the testator's will.
Advance Directive - CORRECT ANSWER A written instruction, such as a living will
or durable power of attorney for health care, which guides care
when an individual is terminally ill or incapacitated and unable to communicate his/her
desires.
Advocate - CORRECT ANSWER A person who assists, defends, or pleads, or
prosecutes for another.
Alleged Incapacitated Person or Person at Risk - CORRECT ANSWER Individual for
whom a guardianship proceeding has been initiated.
Arms Length Relationship - CORRECT ANSWER A relationship between two
agencies or organizations, or two divisions or departments within one agency,
which ensures independent decision-making on the part of both.
Attorney at law - CORRECT ANSWER A person who practices law.
,Attorney for the Alleged Incapacitated Person - CORRECT ANSWER An attorney
who represents the alleged incapacitated person. Such attorney shall represent the
expressed wishes of the alleged incapacitated person.
Best Interest - CORRECT ANSWER That course of action that maximizes what is best
for a ward and that includes consideration of the least
intrusive, most normalizing, and least restrictive course of action possible given the needs of
the ward.
Capacity - CORRECT ANSWER Legal qualification, competency, power, or fitness.
Ability to understand the nature of the effects of one's
acts.
Decisional Capacity - CORRECT ANSWER The ability to understand and appreciate
the nature and consequences of a decision and to reach and
communicate an informed decision in the matter.
Certified Guardian - CORRECT ANSWER The Center for Guardianship Certification
(CGC) administers a national certification program for
guardians. Several states also have their own certification, registration or licensing programs
for
guardians, fiduciaries and conservators. While state laws vary regarding the requirements for
a guardian
to be appointed, the certification from the CGC sets a guardian apart from non-certified
guardians as
someone who has met nationally recognized requirements including a minimum level of
knowledge and
experience in guardianship services.
National Certified Guardian - CORRECT ANSWER A National Certified Guardian
designation is granted to individuals who have met the minimum
eligibility standards for CGC Certification including the necessary training and testing
, requirements. The designation must be renewed every two years as long as eligibility and
continuing education requirements are met.
Clerk of Court - CORRECT ANSWER A court officer responsible for filing papers,
issuing process, and keeping records of court proceedings as
generally specified by rule or statue.
Competence - CORRECT ANSWER A basic or minimal ability to do something;
qualify esp. to testify <competence of a witness>
Competency - CORRECT ANSWER The mental ability to understand problems and
make decisions.
Conflict of Interest - CORRECT ANSWER Situations in which an individual may
receive financial or material gain or business advantage from a
decision made on behalf of another. Situations, which create a public perception of a conflict
of interest,
should be handled in the same manner as situations in which an actual conflict of interest
exists.
Court - CORRECT ANSWER A governmental body consisting of one or more judges
who sit to adjudicate disputes and administer
justice.
Court Order - CORRECT ANSWER A legal document issued by the court and signed
by a judge. Examples include a letter of guardianship;
spelling out directions for the care of the ward and the estate and authorization or denial of a
request for
action.
Court Required Report - CORRECT ANSWER A report which the guardian is required
by statute or court order to submit to the court relative to the
