Terminology Study Guide | 2025/2026 Updated Edition
Adjudication - correct answerThe legal process of resolving a dispute; the process of
judicially deciding a case.
Administrator/Executor/Personal Representative - correct answerA 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 answerA 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 answerA person who assists, defends, or pleads, or prosecutes for
another.
Alleged Incapacitated Person or Person at Risk - correct answerIndividual for whom a
guardianship proceeding has been initiated.
Arms Length Relationship - correct answerA 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 answerA person who practices law.
Attorney for the Alleged Incapacitated Person - correct answerAn attorney who
represents the alleged incapacitated person. Such attorney shall represent the
expressed wishes of the alleged incapacitated person.
Best Interest - correct answerThat 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 answerLegal qualification, competency, power, or fitness. Ability to
understand the nature of the effects of one's
acts.
Decisional Capacity - correct answerThe 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 answerThe 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 answerA 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 answerA court officer responsible for filing papers, issuing
process, and keeping records of court proceedings as
generally specified by rule or statue.
Competence - correct answerA basic or minimal ability to do something; qualify esp. to
testify <competence of a witness>
Competency - correct answerThe mental ability to understand problems and make
decisions.
Conflict of Interest - correct answerSituations 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 answerA governmental body consisting of one or more judges who sit to
adjudicate disputes and administer
justice.
Court Order - correct answerA 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 answerA report which the guardian is required by
statute or court order to submit to the court relative to the
guardianship.
Court Visitor, Monitor, Investigator - correct answerA person appointed by the court to
provide the court with information concerning a ward or a guardian.
Dementia - correct answerA 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 - correct answerA 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 - correct answerA formal means of nominating a guardian
before a guardian is needed.
Direct Services - correct answerIncludes 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.