Terminology Examination 2025 Expert
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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.
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.
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
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, someone who has met nationally recognized requirements including a
minimum level of knowledge and
experience in guardianship services.
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.