National Guardianship Association
Terminology, National Guardianship
Association Examination Q&As
Adjudication
The legal process of resolving a dispute; the process of judicially deciding a case.
Administrator/Executor/Personal Representative
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
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
,A person who assists, defends, or pleads, or prosecutes for another.
Alleged Incapacitated Person or Person at Risk
Individual for whom a guardianship proceeding has been initiated.
Arms Length Relationship
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
A person who practices law.
Attorney for the Alleged Incapacitated Person
An attorney who represents the alleged incapacitated person. Such attorney shall
represent the expressed wishes of the alleged incapacitated person.
Best Interest
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
Legal qualification, competency, power, or fitness. Ability to understand the
nature of the effects of one's acts.
Decisional Capacity
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
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
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
A court officer responsible for filing papers, issuing process, and keeping records
of court proceedings as generally specified by rule or statue.
Competence
A basic or minimal ability to do something; qualify esp. to testify <competence of
a witness>
Competency
The mental ability to understand problems and make decisions.
Conflict of Interest
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
A governmental body consisting of one or more judges who sit to adjudicate
disputes and administer justice.
Terminology, National Guardianship
Association Examination Q&As
Adjudication
The legal process of resolving a dispute; the process of judicially deciding a case.
Administrator/Executor/Personal Representative
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
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
,A person who assists, defends, or pleads, or prosecutes for another.
Alleged Incapacitated Person or Person at Risk
Individual for whom a guardianship proceeding has been initiated.
Arms Length Relationship
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
A person who practices law.
Attorney for the Alleged Incapacitated Person
An attorney who represents the alleged incapacitated person. Such attorney shall
represent the expressed wishes of the alleged incapacitated person.
Best Interest
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
Legal qualification, competency, power, or fitness. Ability to understand the
nature of the effects of one's acts.
Decisional Capacity
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
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
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
A court officer responsible for filing papers, issuing process, and keeping records
of court proceedings as generally specified by rule or statue.
Competence
A basic or minimal ability to do something; qualify esp. to testify <competence of
a witness>
Competency
The mental ability to understand problems and make decisions.
Conflict of Interest
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
A governmental body consisting of one or more judges who sit to adjudicate
disputes and administer justice.
