Terminology UPDATED ACTUAL
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