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NATIONAL GUARDIANSHIP ASSOCIATION EXAM
ACTUAL EXAM
Adjudication .......Answer.........The legal process of resolving a
dispute; the process of judicially deciding a case.
Administrator/Executor/Personal Representative
.......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 .......Answer.........A written instruction, such as a
living will or durable power of attorney for health care, which
guides care
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when an individual is terminally ill or incapacitated and unable
to communicate his/her desires.
Advocate .......Answer.........A person who assists, defends, or
pleads, or prosecutes for another.
Alleged Incapacitated Person or Person at Risk
.......Answer.........Individual for whom a guardianship proceeding
has been initiated.
Arms Length Relationship .......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 .......Answer.........A person who practices law.
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Attorney for the Alleged Incapacitated Person
j j j j j
.......Answer.........An attorney who represents the alleged j j j j j
incapacitated person. Such attorney shall represent the
j j j j j j j
expressed wishes of the alleged incapacitated person.
j j j j j j
Best Interest .......Answer.........That course of action that maximizes
j j j j j j j
what is best for a ward and that includes consideration of the least
j j j j j j j j j j j j j
intrusive, most normalizing, and least restrictive course of action
j j j j j j j j
possible given the needs of the ward.
j j j j j j j
Capacity .......Answer.........Legal qualification, competency, power,
j j j j
or fitness. Ability to understand the nature of the effects of one's
j j j j j j j j j j j j
acts.