National Guardianship Association Terminology Exam
– Key Legal and Ethical Concepts|| GRADED
A+||LATEST UPDATE 2025/26
Adjudication -CORRECTANSWER The legal process of resolving a dispute; the
process of judicially deciding a case.
Administrator/Executor/Personal Representative -CORRECTANSWER 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 -CORRECTANSWER 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 -CORRECTANSWER A person who assists, defends, or pleads, or
prosecutes for another.
Alleged Incapacitated Person or Person at Risk -CORRECTANSWER Individual for
whom a guardianship proceeding has been initiated.
,Arms Length Relationship -CORRECTANSWER 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 -CORRECTANSWER A person who practices law.
Attorney for the Alleged Incapacitated Person -CORRECTANSWER An attorney who
represents the alleged incapacitated person. Such attorney shall represent the
expressed wishes of the alleged incapacitated person.
Best Interest -CORRECTANSWER 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 -CORRECTANSWER Legal qualification, competency, power, or fitness.
Ability to understand the nature of the effects of one's
acts.
Decisional Capacity -CORRECTANSWER 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 -CORRECTANSWER 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 -CORRECTANSWER 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 -CORRECTANSWER A court officer responsible for filing papers, issuing
process, and keeping records of court proceedings as
generally specified by rule or statue.
, Competence -CORRECTANSWER A basic or minimal ability to do something; qualify
esp. to testify <competence of a witness>
Competency -CORRECTANSWER The mental ability to understand problems and
make decisions.
Conflict of Interest -CORRECTANSWER 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 -CORRECTANSWER A governmental body consisting of one or more judges
who sit to adjudicate disputes and administer
justice.
Court Order -CORRECTANSWER 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.
– Key Legal and Ethical Concepts|| GRADED
A+||LATEST UPDATE 2025/26
Adjudication -CORRECTANSWER The legal process of resolving a dispute; the
process of judicially deciding a case.
Administrator/Executor/Personal Representative -CORRECTANSWER 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 -CORRECTANSWER 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 -CORRECTANSWER A person who assists, defends, or pleads, or
prosecutes for another.
Alleged Incapacitated Person or Person at Risk -CORRECTANSWER Individual for
whom a guardianship proceeding has been initiated.
,Arms Length Relationship -CORRECTANSWER 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 -CORRECTANSWER A person who practices law.
Attorney for the Alleged Incapacitated Person -CORRECTANSWER An attorney who
represents the alleged incapacitated person. Such attorney shall represent the
expressed wishes of the alleged incapacitated person.
Best Interest -CORRECTANSWER 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 -CORRECTANSWER Legal qualification, competency, power, or fitness.
Ability to understand the nature of the effects of one's
acts.
Decisional Capacity -CORRECTANSWER 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 -CORRECTANSWER 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 -CORRECTANSWER 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 -CORRECTANSWER A court officer responsible for filing papers, issuing
process, and keeping records of court proceedings as
generally specified by rule or statue.
, Competence -CORRECTANSWER A basic or minimal ability to do something; qualify
esp. to testify <competence of a witness>
Competency -CORRECTANSWER The mental ability to understand problems and
make decisions.
Conflict of Interest -CORRECTANSWER 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 -CORRECTANSWER A governmental body consisting of one or more judges
who sit to adjudicate disputes and administer
justice.
Court Order -CORRECTANSWER 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.