Questions And Answers Verified 100% Correct
Limited Guardian - ANSWER -A guardian who is appointed by the court to
exercise the legal rights and powers specifically
designated by a court order entered after the court has found that the ward lacks
capacity to do
some, but not all, of the tasks necessary to care for his or her person or property, or
after the
person voluntarily petitions for appointment of a limited guardian. A limited
guardian may possess
fewer than all of the legal rights and powers of a plenary guardian. Also Partial
Guardian.
Partial Guardian - ANSWER -A guardian who possesses fewer than all of the
legal rights and powers of a plenary guardian.
Plenary Guardian - ANSWER -A person who is appointed by the court to exercise
all delegable legal rights and powers of the
ward after the court has found the ward lacks the capacity to perform all of the
tasks necessary to
care for his or her person or property.
Pre-need Guardian - ANSWER -A guardian who is formally nominated before a
guardian is needed.
Public Guardian - ANSWER -A guardian appointed by the court, who is deemed
to be an officer of the court. This person may
be appointed to guardianship over many incompetent or incapacitated persons. The
appointee
may be paid for services from public funds or from assets of the incapacitated
person of concern,
if such funds are available. (
Standby Guardian - ANSWER -A person, agency or organization whose
appointment as guardian shall become effective without
,further proceedings immediately upon the death, incapacity, resignation, or
temporary absence or
unavailability of the initially appointed guardian.
State Guardian - ANSWER -A branch of the government of the state which is
appointed when no one else is willing or able to
act as guardian for incapacitated residents of the state.
Successor Guardian - ANSWER -A guardian who is appointed to act upon the
death or resignation of a previous guardian. (
Volunteer Guardian - ANSWER -A person who is not related to the ward by blood
or marriage and who does not receive any
compensation in his or her role as guardian. The guardian may receive
reimbursement of
expenses or a minimum stipend with court approval.
Incapacitated or Incompetent Person/Conservatee - ANSWER -Any person who is
impaired by an intoxicant, by mental illness or deficiency, physical illness or
disability
to the extent that personal decision-making is impossible. (Black's) Also
Incompetent
Person. (Black's)
Incapacity or Incompetency - ANSWER -A person's inability to make and then act
upon personal and/or property decisions on his or her own
behalf.
Indigent - ANSWER -One who is needy and poor, or one who has not sufficient
property to furnish him/her a living nor anyone
to support him/her who he/she is entitled to look for support
Indigency - ANSWER -The state or condition of a person who lacks the means of
subsistence; extreme hardship or neediness;
poverty.
Informed Consent - ANSWER -A person's agreement to allow something to
happen, made with knowledge of risks involved and the
alternatives. A patient's knowing choice about a medical treatment or procedure,
made after a physician
, or other healthcare provider discloses whatever information a reasonable prudent
provider within the
medical community would give to a patient regarding the risks involved in the
proposed treatment or
procedure.
Interested Person - ANSWER -Individuals who, according to state statute, have a
right to notice regarding a guardianship cause of
action. This may include parents, siblings, spouse, and residential provider.
Least Intrusive - ANSWER -A mechanism, course of action, or situation, which
allows the ward the greatest opportunity for autonomy
with a minimum of intervention.
Least Restrictive Alternative - ANSWER -A mechanism, course of action, or
environment which allows the ward to live, learn, and work in a setting
which places as few limits as possible on the ward's rights and personal freedoms
as is appropriate to
meet the needs of the ward.
Letters of Office - ANSWER -Formal document issued by the court containing or
attesting the grant of some power authority or right.
Also Letters of Guardianship.
Notice of Motion - ANSWER -A notice in writing, related to a specific case,
stating that on a certain day, a motion will be made to the
court for the purpose or object stated.
Oath of Office - ANSWER -A legal document signed by the guardian in which
he/she pledges to carry out his/her legal obligations to
the ward in a proper manner.
Parens Patriae - ANSWER -A legal principle meaning that the state or the
government can act to determine what is in the best
interests of an individual, even if the individual disagrees, on the basis of evidence
of incapacitation or
charges of personal or serious property mismanagement. Literally, the "father of
the country."