NACCM Exam with verified solutions
Estate Planning Documents - ....🔰VERIFIED ANSWERS.... ✔✔Living will, Powers of
Attorney/Durable Powers of Attorney, health care proxy, HIPAA Releases, Advanced
Directives
Definition of a Will - ....🔰VERIFIED ANSWERS.... ✔✔Document executed by an
individual directing how his/her estate is to be distributed after his/her death
•Does NOT give authority to the executor (or other responsible person as the titles differ by
state) to do anything during the individual's lifetime
•Must have legal capacity to execute a will
•Will s may be simple or very complex
What is a Power of Attorney? - ....🔰VERIFIED ANSWERS.... ✔✔A durable power of
attorney is a written instrument that allows an individual, called the "principal", to designate
someone else as his or her "attorney-in-fact", or "agent", to act on that principal's behalf.
DPOA Authority includes: Property dealings, Ability to contract. Access & use of financial
resources, Ability to gift, person can have multiple people assigned as an agent -ensure can
work together, Third parties may rely upon the authority granted in the POA until the third
party receives written notice otherwise, May contain language to include health care
decisions
Always request copy -individuals should not give away originals unless necessary
Ability to contract & give consent; also ability to make gifts
Durable power of attorney survives incapacity
Immediately effective once executed (unless "Springing")
No longer valid once principal dies, if revoked in writing, if principal is determined totally
incapacitated.
,Fine Print for Durable Power of Attorney - ....🔰VERIFIED ANSWERS.... ✔✔DPOAs are
NOT recognized by federal agencies such as the VA and the Social Security Administration -
each has its own process for determining representation or fiduciary
•DPOAs can be very broad or have restrictions
•DPOAs do not expire yet many places refuse to recognize "old" documents (more than a few
years old) so may need to be re-certified by the attorney who originally executed.
•Many people download forms from the internet but then not tailored for their specific
situation
When is a POA revoked - ....🔰VERIFIED ANSWERS.... ✔✔When principal dies, when
principal revokes the document, when Principal is adjudicated as incapacitated -but may
remain in place if durable.
Indicators that client is at risk for financial exploitation - ....🔰VERIFIED ANSWERS....
✔✔Isolation, loneliness, recent losses, physical or mental disabilities, lack of familiarity
with financial matters, having family members who are unemployed and/or have substance
abuse problems.
What is a Living Will? - ....🔰VERIFIED ANSWERS.... ✔✔A document in which you state
your wishes about life-sustaining medical treatment if you are terminally ill, permanently
unconscious, or in the end-stage of a fatal illness. These are not recognized as legal
documents in every state
What is a living will and Durable Powers of Attny for Healthcare - ....🔰VERIFIED
ANSWERS.... ✔✔They are both types of Healthcare Advance Directives.
The person you name is called your agent, proxy, representative, or surrogate.
Any document that gives instructions about your health care and/or appoints someone to
make medical treatment decisions for you if you cannot make them for yourself.
What is the function of a Healthcare Proxy/Surrogate? - ....🔰VERIFIED ANSWERS....
✔✔All health care decisions
,Provide informed consent
Make decision believes principal would make if able
Best interest (if surrogate does not know your wishes)
Withhold or withdraw treatment
Written consent for DNR
If Healthcare Proxy is not designated - ....🔰VERIFIED ANSWERS.... ✔✔Proxy provisions
vary by state law but typically is a spouse, child/children or other family members.
What are examples of Advanced Directives? - ....🔰VERIFIED ANSWERS.... ✔✔Living will
-as noted, may not be recognized as legal document in every state
•Five Wishes -a nationally recognized format for individuals to give instruction to their
health care agents
•Personal Directive -individually drafted instructions -there are written formats developed
by many organizations
•MOLST (Medical Order for Life Sustaining Treatment) or POLST (Physician Order for Life
Sustaining Treatement) -becoming more widely used in various states to document wishes
and to ensure that wishes are followed across the care continuum. Wishes include DNR,
DNI, DNH, feeding tubes, antibiotics and more
•Comfort Care -generally a physician directed order regarding DNR (do not resuscitate)
orders
Indicators that client is in need of guardian (non-financial decisions--where the ward lives
and what type of medical care the ward gets) and conservator (making financial decisions--
preserves the estate of the ward). - ....🔰VERIFIED ANSWERS.... ✔✔The court arranges for
a person or co. to make certain decisions for another person (the ward). This is set up when
the person's decision making capacity is so impaired that the person is unable to care for
his/her own personal safety or to provide for his/her necessities. The person must be a risk
of physical injury or illness. It protects person unable to help themselves & refuses help. It is
a deterrent to individuals who might wish to take advantage of the ward. deterrent to those
who might wish to improperly use the wards assets.
Both guardianship and conservatorship are court processes -expensive and public
, •A medical certificate from a physician is required to move forward with a petition
Guardianship/Conservatorship Disadvantages - ....🔰VERIFIED ANSWERS.... ✔✔Last
resort
Intrusion of the court into the individual's life and into the life of the family
Rigid and burdensome reporting requirements;
The expense of setting up and maintaining a guardianship
The delay in transacting the financial affairs of the ward because of necessary court
approvals
Abuse, neglect or exploitation issues - ....🔰VERIFIED ANSWERS.... ✔✔inflicting physical
force resulting in bodily injury, inflicting pain or impairment (sexual or non-consensual
contact), emotional or psychological abuse, inflicting pain, distress, or creating anguish, or
financial or material exploitation -- illegal or improper handling of the elder's funds or
properties, abandonment like a desertion of elder/individual for which they have custody or
not finding place for this care for
Neglect - ....🔰VERIFIED ANSWERS.... ✔✔Refusal or failure to fulfill any personal
obligations for this individual
Self Neglect - ....🔰VERIFIED ANSWERS.... ✔✔Mentally competent person understands
consequences that their acts do threaten health and their safety.
Definition of Elder Abuse - ....🔰VERIFIED ANSWERS.... ✔✔Elder mistreatment (i.e.
abuse and neglect) is defined as intentional actions that cause harm or create a serious risk
of harm (whether or not harm is intended) to a vulnerable elder by a caregiver or other
person who stands in a trust relationship to the elder. This includes failure by a caregiver to
satisfy the elder's basic needs or to protect the elder from harm.
Elder Abuse - ....🔰VERIFIED ANSWERS.... ✔✔Federal Law doesn't address the elder
abuse. Federal legislation does fund the national center for elder abuse NCEA. all 50 states
Estate Planning Documents - ....🔰VERIFIED ANSWERS.... ✔✔Living will, Powers of
Attorney/Durable Powers of Attorney, health care proxy, HIPAA Releases, Advanced
Directives
Definition of a Will - ....🔰VERIFIED ANSWERS.... ✔✔Document executed by an
individual directing how his/her estate is to be distributed after his/her death
•Does NOT give authority to the executor (or other responsible person as the titles differ by
state) to do anything during the individual's lifetime
•Must have legal capacity to execute a will
•Will s may be simple or very complex
What is a Power of Attorney? - ....🔰VERIFIED ANSWERS.... ✔✔A durable power of
attorney is a written instrument that allows an individual, called the "principal", to designate
someone else as his or her "attorney-in-fact", or "agent", to act on that principal's behalf.
DPOA Authority includes: Property dealings, Ability to contract. Access & use of financial
resources, Ability to gift, person can have multiple people assigned as an agent -ensure can
work together, Third parties may rely upon the authority granted in the POA until the third
party receives written notice otherwise, May contain language to include health care
decisions
Always request copy -individuals should not give away originals unless necessary
Ability to contract & give consent; also ability to make gifts
Durable power of attorney survives incapacity
Immediately effective once executed (unless "Springing")
No longer valid once principal dies, if revoked in writing, if principal is determined totally
incapacitated.
,Fine Print for Durable Power of Attorney - ....🔰VERIFIED ANSWERS.... ✔✔DPOAs are
NOT recognized by federal agencies such as the VA and the Social Security Administration -
each has its own process for determining representation or fiduciary
•DPOAs can be very broad or have restrictions
•DPOAs do not expire yet many places refuse to recognize "old" documents (more than a few
years old) so may need to be re-certified by the attorney who originally executed.
•Many people download forms from the internet but then not tailored for their specific
situation
When is a POA revoked - ....🔰VERIFIED ANSWERS.... ✔✔When principal dies, when
principal revokes the document, when Principal is adjudicated as incapacitated -but may
remain in place if durable.
Indicators that client is at risk for financial exploitation - ....🔰VERIFIED ANSWERS....
✔✔Isolation, loneliness, recent losses, physical or mental disabilities, lack of familiarity
with financial matters, having family members who are unemployed and/or have substance
abuse problems.
What is a Living Will? - ....🔰VERIFIED ANSWERS.... ✔✔A document in which you state
your wishes about life-sustaining medical treatment if you are terminally ill, permanently
unconscious, or in the end-stage of a fatal illness. These are not recognized as legal
documents in every state
What is a living will and Durable Powers of Attny for Healthcare - ....🔰VERIFIED
ANSWERS.... ✔✔They are both types of Healthcare Advance Directives.
The person you name is called your agent, proxy, representative, or surrogate.
Any document that gives instructions about your health care and/or appoints someone to
make medical treatment decisions for you if you cannot make them for yourself.
What is the function of a Healthcare Proxy/Surrogate? - ....🔰VERIFIED ANSWERS....
✔✔All health care decisions
,Provide informed consent
Make decision believes principal would make if able
Best interest (if surrogate does not know your wishes)
Withhold or withdraw treatment
Written consent for DNR
If Healthcare Proxy is not designated - ....🔰VERIFIED ANSWERS.... ✔✔Proxy provisions
vary by state law but typically is a spouse, child/children or other family members.
What are examples of Advanced Directives? - ....🔰VERIFIED ANSWERS.... ✔✔Living will
-as noted, may not be recognized as legal document in every state
•Five Wishes -a nationally recognized format for individuals to give instruction to their
health care agents
•Personal Directive -individually drafted instructions -there are written formats developed
by many organizations
•MOLST (Medical Order for Life Sustaining Treatment) or POLST (Physician Order for Life
Sustaining Treatement) -becoming more widely used in various states to document wishes
and to ensure that wishes are followed across the care continuum. Wishes include DNR,
DNI, DNH, feeding tubes, antibiotics and more
•Comfort Care -generally a physician directed order regarding DNR (do not resuscitate)
orders
Indicators that client is in need of guardian (non-financial decisions--where the ward lives
and what type of medical care the ward gets) and conservator (making financial decisions--
preserves the estate of the ward). - ....🔰VERIFIED ANSWERS.... ✔✔The court arranges for
a person or co. to make certain decisions for another person (the ward). This is set up when
the person's decision making capacity is so impaired that the person is unable to care for
his/her own personal safety or to provide for his/her necessities. The person must be a risk
of physical injury or illness. It protects person unable to help themselves & refuses help. It is
a deterrent to individuals who might wish to take advantage of the ward. deterrent to those
who might wish to improperly use the wards assets.
Both guardianship and conservatorship are court processes -expensive and public
, •A medical certificate from a physician is required to move forward with a petition
Guardianship/Conservatorship Disadvantages - ....🔰VERIFIED ANSWERS.... ✔✔Last
resort
Intrusion of the court into the individual's life and into the life of the family
Rigid and burdensome reporting requirements;
The expense of setting up and maintaining a guardianship
The delay in transacting the financial affairs of the ward because of necessary court
approvals
Abuse, neglect or exploitation issues - ....🔰VERIFIED ANSWERS.... ✔✔inflicting physical
force resulting in bodily injury, inflicting pain or impairment (sexual or non-consensual
contact), emotional or psychological abuse, inflicting pain, distress, or creating anguish, or
financial or material exploitation -- illegal or improper handling of the elder's funds or
properties, abandonment like a desertion of elder/individual for which they have custody or
not finding place for this care for
Neglect - ....🔰VERIFIED ANSWERS.... ✔✔Refusal or failure to fulfill any personal
obligations for this individual
Self Neglect - ....🔰VERIFIED ANSWERS.... ✔✔Mentally competent person understands
consequences that their acts do threaten health and their safety.
Definition of Elder Abuse - ....🔰VERIFIED ANSWERS.... ✔✔Elder mistreatment (i.e.
abuse and neglect) is defined as intentional actions that cause harm or create a serious risk
of harm (whether or not harm is intended) to a vulnerable elder by a caregiver or other
person who stands in a trust relationship to the elder. This includes failure by a caregiver to
satisfy the elder's basic needs or to protect the elder from harm.
Elder Abuse - ....🔰VERIFIED ANSWERS.... ✔✔Federal Law doesn't address the elder
abuse. Federal legislation does fund the national center for elder abuse NCEA. all 50 states
