final exam ethics in behavioral
healthcare Questions &
Answers(RATED A+)
Guardianship - ANSWER-involuntarily imposed substitute decision maker
plenary- over everything
partial- over one or more areas
What gives states authority to impose guardianship? - ANSWER-parents patriae-
legal term referring to the power of the government to act on behalf of people who
are unable to care for themselves.
guardianship in Florida process - ANSWER--3 member panel
-Examination (must include 3 components: physical exam, mental health exam,
factional assessment)
-Report
-Decision
guardianship in Florida protection of wards (the person incompetent) - ANSWER--
Annual Guardianship Report
-Annual Guardianship Plan
(stating the condition of the ward, whether the Guardianship should continue, how he
or she cared for the ward during the last year, and what the plans are to care for the
ward for the next year.)
competency UPC Approach - ANSWER-impairment of cognitive and communicative
abilities resulting from status
Four elements for competency to execute a will: - ANSWER--Testators must know at
the time of making their wills that they are making their wills.
-They must know the nature and extent of their property.
-They must know the "natural objects of their bounty".
-They must know the manner in which the wills they are making distribute their
property.
, competency Functional Approach - ANSWER-objective behavioral evidence of
functional limitations
Capacity Definition in Florida for Guardianship - ANSWER-FL Stats 744.102 (12)
"Incapacitated person" means a person who has been judicially determined to lack
the capacity to manageat least some of the property or to meet at least some of the
essential health and safety requirements of such person.
(a) To "manage property" means to take those actions necessary to obtain,
administer, and dispose of real and personal property, intangible property, business
property, benefits, and income.
(b) To "meet essential requirements for health or safety" means to take those
actionsnecessary to provide the health care, food, shelter, clothing, personal
hygiene, or other care without which serious and imminent physical injury or illness is
more likely than not to occur.
representative payees - ANSWER-Appointment of a substitute payee for
governmental benefits
What is the difference between a typical POA and a DurablePOA? - ANSWER-
durable still enforce when your passed out or incompetent
alternatives to guardianship - ANSWER--Representative Payees
-Durable Power of Attorney
-Living Will (advance directives)
-Durable Power of Attorney for Health Care (advance directives)
Primary purpose of medical record is to - ANSWER-to coordinate and document
care
Some Legal Uses of Medical Records - ANSWER--Civil actions: Professional
Liability
-Civil Actions: Patient Benefit Claims (e.g., disability programs, personal injury)
-UR and QA Programs (quality assurance and utilization review)
-Disputes about fees
when are representative payees used? - ANSWER--Typically used for incapacitated
individuals in NHs and psychiatric residence programs who may not have family to
help manage finances
-OBRA 1990 established greater safeguards for selecting of and accounting by
substitute payee
Patient Access to Records - ANSWER--professional or Institution legally "owns" the
medical record (originals should NEVER leave their possession)
-However, there is increased access to information contained in medical record
(federal and state laws allowing access or creating a "right" to access
what is a power of attorney - ANSWER--A written agreement authorizing another
person to sign agreements, conduct transactions, or perform other delegated duties
on your behalf.
healthcare Questions &
Answers(RATED A+)
Guardianship - ANSWER-involuntarily imposed substitute decision maker
plenary- over everything
partial- over one or more areas
What gives states authority to impose guardianship? - ANSWER-parents patriae-
legal term referring to the power of the government to act on behalf of people who
are unable to care for themselves.
guardianship in Florida process - ANSWER--3 member panel
-Examination (must include 3 components: physical exam, mental health exam,
factional assessment)
-Report
-Decision
guardianship in Florida protection of wards (the person incompetent) - ANSWER--
Annual Guardianship Report
-Annual Guardianship Plan
(stating the condition of the ward, whether the Guardianship should continue, how he
or she cared for the ward during the last year, and what the plans are to care for the
ward for the next year.)
competency UPC Approach - ANSWER-impairment of cognitive and communicative
abilities resulting from status
Four elements for competency to execute a will: - ANSWER--Testators must know at
the time of making their wills that they are making their wills.
-They must know the nature and extent of their property.
-They must know the "natural objects of their bounty".
-They must know the manner in which the wills they are making distribute their
property.
, competency Functional Approach - ANSWER-objective behavioral evidence of
functional limitations
Capacity Definition in Florida for Guardianship - ANSWER-FL Stats 744.102 (12)
"Incapacitated person" means a person who has been judicially determined to lack
the capacity to manageat least some of the property or to meet at least some of the
essential health and safety requirements of such person.
(a) To "manage property" means to take those actions necessary to obtain,
administer, and dispose of real and personal property, intangible property, business
property, benefits, and income.
(b) To "meet essential requirements for health or safety" means to take those
actionsnecessary to provide the health care, food, shelter, clothing, personal
hygiene, or other care without which serious and imminent physical injury or illness is
more likely than not to occur.
representative payees - ANSWER-Appointment of a substitute payee for
governmental benefits
What is the difference between a typical POA and a DurablePOA? - ANSWER-
durable still enforce when your passed out or incompetent
alternatives to guardianship - ANSWER--Representative Payees
-Durable Power of Attorney
-Living Will (advance directives)
-Durable Power of Attorney for Health Care (advance directives)
Primary purpose of medical record is to - ANSWER-to coordinate and document
care
Some Legal Uses of Medical Records - ANSWER--Civil actions: Professional
Liability
-Civil Actions: Patient Benefit Claims (e.g., disability programs, personal injury)
-UR and QA Programs (quality assurance and utilization review)
-Disputes about fees
when are representative payees used? - ANSWER--Typically used for incapacitated
individuals in NHs and psychiatric residence programs who may not have family to
help manage finances
-OBRA 1990 established greater safeguards for selecting of and accounting by
substitute payee
Patient Access to Records - ANSWER--professional or Institution legally "owns" the
medical record (originals should NEVER leave their possession)
-However, there is increased access to information contained in medical record
(federal and state laws allowing access or creating a "right" to access
what is a power of attorney - ANSWER--A written agreement authorizing another
person to sign agreements, conduct transactions, or perform other delegated duties
on your behalf.
