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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.
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.
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.