CEA Elder Law & Guardianship 2 — Questions and Answers
Question 1: Under the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA), what is the primary standard courts use when appointing a guardian?
- The ward's financial assets
- The least restrictive alternative (Correct answer)
- The preference of the nearest relative
- The guardian's professional credentials
Correct answer: The least restrictive alternative
UGCOPAA requires courts to apply the least restrictive alternative standard, preserving the individual's autonomy to the greatest extent possible.
Question 2: An elderly client has been determined to lack capacity but retains the ability to make some personal decisions. Which type of guardianship best fits this situation?
- Full plenary guardianship
- Emergency guardianship
- Limited guardianship (Correct answer)
- Standby guardianship
Correct answer: Limited guardianship
Limited guardianship grants authority only over specific areas where the ward lacks capacity, preserving decision-making rights in other areas.
Question 3: Which federal act primarily governs the rights of nursing home residents and sets minimum care standards?
- Americans with Disabilities Act
- Older Americans Act
- Nursing Home Reform Act (OBRA 1987) (Correct answer)
- Social Security Act Title XVI
Correct answer: Nursing Home Reform Act (OBRA 1987)
OBRA 1987, also known as the Nursing Home Reform Act, established a Residents' Bill of Rights and minimum quality-of-care standards for nursing facilities.
Question 4: A conservator is appointed for an elder. What is the conservator's primary legal obligation regarding the ward's assets?
- Maximize investment returns
- Manage assets for the ward's benefit under a fiduciary duty (Correct answer)
- Transfer assets to family members
- Fund the conservator's fees from trust income only
Correct answer: Manage assets for the ward's benefit under a fiduciary duty
A conservator owes a fiduciary duty to manage the ward's assets solely in the ward's best interest, not for the benefit of others.
Question 5: Which elder law planning tool allows a designated individual to make healthcare decisions only when the principal is incapacitated?
- Durable Power of Attorney for Finances
- Springing Healthcare Proxy (Correct answer)
- Revocable Living Trust
- Advance Directive for Burial
Correct answer: Springing Healthcare Proxy
A springing healthcare proxy activates only upon the principal's incapacity, as determined by one or more physicians, and designates an agent for medical decisions.
Question 6: In elder law, what is 'spousal impoverishment protection' under Medicaid?
- A rule preventing spouses from divorcing to qualify for Medicaid
- Provisions allowing a community spouse to retain certain assets and income (Correct answer)
- A penalty period applied when spouses transfer assets
- A program providing free home care to married elders
Correct answer: Provisions allowing a community spouse to retain certain assets and income
Spousal impoverishment protections allow the community spouse to keep a minimum monthly income allowance (MMNA) and a community spouse resource allowance (CSRA) when the other spouse enters a nursing facility.
Question 7: What is the typical look-back period for Medicaid long-term care asset transfers in most U.S. states?
- 12 months
- 24 months
- 36 months
- 60 months (Correct answer)
Correct answer: 60 months
Most states apply a 60-month (5-year) look-back period for Medicaid long-term care, during which asset transfers may trigger a penalty period of ineligibility.
CEA Elder Law & Guardianship 2
Under the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA), what is the primary standard courts use when appointing a guardian?