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National Guardianship Association Terminology, National
Guardianship Association Examination
Adjudication - ANSWER The legal process of resolving a dispute;
the process of judicially deciding a case.
Administrator/Executor/Personal Representative - ANSWER 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 - ANSWER 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 - ANSWER A person who assists, defends, or pleads,
or prosecutes for another.
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Alleged Incapacitated Person or Person at Risk - ANSWER
Individual for whom a guardianship proceeding has been
initiated.
Arms Length Relationship - ANSWER 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 - ANSWER A person who practices law.
Attorney for the Alleged Incapacitated Person - ANSWER An
attorney who represents the alleged incapacitated person. Such
attorney shall represent the
expressed wishes of the alleged incapacitated person.
Best Interest - ANSWER 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.
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Capacity - ANSWER Legal qualification, competency, power, or
fitness. Ability to understand the nature of the effects of one's
acts.
Decisional Capacity - ANSWER 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 - ANSWER 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.
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National Certified Guardian - ANSWER 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 - ANSWER A court officer responsible for filing
papers, issuing process, and keeping records of court
proceedings as
generally specified by rule or statue.
Competence - ANSWER A basic or minimal ability to do
something; qualify esp. to testify <competence of a witness>
Competency - ANSWER The mental ability to understand
problems and make decisions.
Conflict of Interest - ANSWER Situations in which an individual
may receive financial or material gain or business advantage
from a
National Guardianship Association Terminology, National
Guardianship Association Examination
Adjudication - ANSWER The legal process of resolving a dispute;
the process of judicially deciding a case.
Administrator/Executor/Personal Representative - ANSWER 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 - ANSWER 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 - ANSWER A person who assists, defends, or pleads,
or prosecutes for another.
,2|Page
Alleged Incapacitated Person or Person at Risk - ANSWER
Individual for whom a guardianship proceeding has been
initiated.
Arms Length Relationship - ANSWER 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 - ANSWER A person who practices law.
Attorney for the Alleged Incapacitated Person - ANSWER An
attorney who represents the alleged incapacitated person. Such
attorney shall represent the
expressed wishes of the alleged incapacitated person.
Best Interest - ANSWER 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.
,3|Page
Capacity - ANSWER Legal qualification, competency, power, or
fitness. Ability to understand the nature of the effects of one's
acts.
Decisional Capacity - ANSWER 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 - ANSWER 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.
, 4|Page
National Certified Guardian - ANSWER 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 - ANSWER A court officer responsible for filing
papers, issuing process, and keeping records of court
proceedings as
generally specified by rule or statue.
Competence - ANSWER A basic or minimal ability to do
something; qualify esp. to testify <competence of a witness>
Competency - ANSWER The mental ability to understand
problems and make decisions.
Conflict of Interest - ANSWER Situations in which an individual
may receive financial or material gain or business advantage
from a
