Legal & Regulatory Issues in Elder Care Flashcards

A conservatorship differs from a guardianship in that a conservatorship typically manages:

Answer: Financial affairs and property

A conservatorship (or financial guardianship) is court-ordered oversight of a person's financial affairs, while guardianship covers personal care.

When a nursing home seeks to involuntarily discharge a Medicaid resident, which protection does federal law require?

Answer: Written notice at least 30 days in advance with appeal rights

Federal law requires facilities to provide written notice at least 30 days before discharge and inform residents of their right to appeal.

The term 'Medicaid estate recovery' refers to:

Answer: Medicaid recouping benefits paid from the deceased recipient's estate

Medicaid estate recovery programs require states to seek reimbursement from the estates of deceased Medicaid beneficiaries for certain covered services.

Which of the following is an example of 'undue influence' in elder law?

Answer: A caregiver isolating an elder and pressuring them to change their will

Undue influence occurs when someone uses their position of trust or power to override an elder's free will, often through isolation and coercion.

Which federal program provides prescription drug coverage for Medicare beneficiaries?

Answer: Medicare Part D

Medicare Part D provides outpatient prescription drug coverage through private insurance plans approved by Medicare.

Adult Protective Services (APS) agencies are primarily responsible for:

Answer: Investigating reports of abuse, neglect, or exploitation of vulnerable adults

APS investigates reports of mistreatment and connects vulnerable adults with services to ensure their safety and well-being.

A 'payable on death' (POD) bank account designation achieves which estate planning goal?

Answer: Transfers funds directly to named beneficiaries outside of probate

POD designations allow bank account funds to pass directly to named beneficiaries without going through probate.