National Guardianship Association Terminology, National Guardianship Association Examination Questions And Answers!!

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 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. Attorney for the Alleged Incapacitated Person - Answer-An attorney who represents the alleged incapacitated person. Such attorney shall represent the expressed wishes of the alleged incapacitated person.Best Interest - 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 - Answer-Legal qualification, competency, power, or fitness. Ability to understand the nature of the effects of one's acts. Decisional Capacity - 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 - 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 - 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 - Answer-A court officer responsible for filing papers, issuing process, and keeping records of court proceedings as generally specified by rule or statue.Competence - Answer-A basic or minimal ability to do something; qualify esp. to testify competence of a witness Competency - Answer-The mental ability to understand problems and make decisions. Conflict of Interest - 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 - Answer-A governmental body consisting of one or more judges who sit to adjudicate disputes and administer justice. Court Order - 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 - 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 - Answer-A person appointed by the court to provide the court with information concerning a ward or a guardian. Dementia - 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).Developmental Disability - Answer-A severe, chronic disability of an individual 5 years of age or older that: A. Is attributable to a mental or physical impairment or combination of mental and physical impairments; B. Is manifested before the individual attains age 22; C. Is likely to continue indefinitely; D. Results in substantial functional limitations in three or more of the following areas of major life activity 1. Self-care 2. Receptive and expressive language 3. Learning 4. Mobility 5. Self-direction 6. Capacity for independent living 7. Economic self-sufficiency; and E. Reflects the individual's need for a combination and sequence of events of special, interdisciplinary, or generic services, supports, or other assistance that is of lifelong or extended duration and is individually planned and coordinated. Designation of Guardian - Answer-A formal means of nominating a guardian before a guardian is needed. Direct Services - Answer-Includes medical and nursing care, care/case management and case coordination, speech therapy, occupational therapy, physical therapy, psychological therapy, counseling, residential services, legal representation, job training and other similar services. Disabled Person - Answer-A person 18 years of age or older deemed by the Court to be lacking sufficient understanding or capacity to make or communicate responsible decisions concerning the care of his person or financial affairs.Estate - Answer-Both real and personal, tangible and intangible, and includes anything that may be the subject of ownership. Extraordinary Medical Circumstance - Answer-Includes abortion, removal of life support, sterilization, experimental treatment and other controversial medical issues Fiduciary - Answer-An individual, agency or organization that has agreed to undertake for another a special obligation of trust and confidence, having the duty to act primarily for another's benefit and subject to the standard of care imposed by law or contract. Free Standing Entity - Answer-An agency or organization that is independent from all other agencies or organizations. Functional Assessment - Answer-A diagnostic tool that measures the overall well-being of an individual and provides a picture of how well the person is able to function in a variety of multidimensional situations. Guardian - Answer-An individual or organization named by order of the court to exercise any or all powers and rights over the person and/or the estate of an individual. The term includes conservators and certified private or public fiduciaries. All guardians are accountable to the court.