National Guardianship Certificate Exam UPDATED ACTUAL
Questions and CORRECT Answers
What is guardianship? Legal process that removes rights and gives them to the guardian
Decisional Capacity Ability to make or communicate decisions regarding their person or property
Who gets a guardian Elders with cognitive impairment, DDA, Mental Health and a minor
Steps of process Petition, determination, hearing and court orders
Plenary, Full or Complete Guardian means All rights removed
Limited guardianship Specific scope of authority
Types of guardianships Emergency, guardian of person, guardian of estate and limited guardian of
person/estate
Standard 2 Comply with state laws and court orders
Due Process Notice, representation, hearing, right to appeal, right to compel and confront
witnesses, right to be present and present evidence
Type of proof that a guardian is needed Clear and convincing standard of proof
Rights Taken Away Where to live, consent or decline medical treatment, drive, manage own property,
contracts/law suits, marry and vote
Decisions requiring court approval Sterilization, abortion, forced treatment, experimental procedures, removal of life
support, sale of property and payment of G/C fees
Guardianship is last resort after POA health, POA financial, living will, joint tenancy and advanced directive
Financial alternatives Rep Payee, Trustee and Joint Tenancy
Role of guardian Advocate, surrogate decision maker, coordinate and monitor services, financial
planning and professionalism
Advocate Role Protect rights, arrange support, living arrangements, care , employment/training,
benefits and entitlements, medical rights restoration of rights etc..
Principles of decision making Substituted judgement, best interest, informed consent and least restrictive
Questions and CORRECT Answers
What is guardianship? Legal process that removes rights and gives them to the guardian
Decisional Capacity Ability to make or communicate decisions regarding their person or property
Who gets a guardian Elders with cognitive impairment, DDA, Mental Health and a minor
Steps of process Petition, determination, hearing and court orders
Plenary, Full or Complete Guardian means All rights removed
Limited guardianship Specific scope of authority
Types of guardianships Emergency, guardian of person, guardian of estate and limited guardian of
person/estate
Standard 2 Comply with state laws and court orders
Due Process Notice, representation, hearing, right to appeal, right to compel and confront
witnesses, right to be present and present evidence
Type of proof that a guardian is needed Clear and convincing standard of proof
Rights Taken Away Where to live, consent or decline medical treatment, drive, manage own property,
contracts/law suits, marry and vote
Decisions requiring court approval Sterilization, abortion, forced treatment, experimental procedures, removal of life
support, sale of property and payment of G/C fees
Guardianship is last resort after POA health, POA financial, living will, joint tenancy and advanced directive
Financial alternatives Rep Payee, Trustee and Joint Tenancy
Role of guardian Advocate, surrogate decision maker, coordinate and monitor services, financial
planning and professionalism
Advocate Role Protect rights, arrange support, living arrangements, care , employment/training,
benefits and entitlements, medical rights restoration of rights etc..
Principles of decision making Substituted judgement, best interest, informed consent and least restrictive
