National Guardianship Association
Terminology, National Guardianship
Association Examination
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
guardianship.
Court Visitor, Monitor, Investigator - CORRECT ANSWER-A person appointed by
the court to provide the court with information concerning a ward or a guardian.
Dementia - CORRECT ANSWER-A category of disorders characterized by the
development of multiple cognitive deficits (including memory
impairment) that are due to the direct physiological effects of a general medical
condition, to the
persisting effects of a substance or to multiple etiologies (e.g., the combined
effects of cerebral vascular
disease and Alzheimer's disease).
Terminology, National Guardianship
Association Examination
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
guardianship.
Court Visitor, Monitor, Investigator - CORRECT ANSWER-A person appointed by
the court to provide the court with information concerning a ward or a guardian.
Dementia - CORRECT ANSWER-A category of disorders characterized by the
development of multiple cognitive deficits (including memory
impairment) that are due to the direct physiological effects of a general medical
condition, to the
persisting effects of a substance or to multiple etiologies (e.g., the combined
effects of cerebral vascular
disease and Alzheimer's disease).
