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					                         LEARNING MODULE
             ADULT GUARDIANSHIPS AND CONSERVATORSHIPS

All answers are contained in the text of D.C. Code §21-2001 et seq., SCR-PD Rules 300-361. and
D.C. Code §21-2210 and may be found using a version of the Code without annotations.

Each question has only one correct answer.


1.      If a person is incapacitated and has no durable power of attorney for health care decisions,
which of the following persons has the highest priority to grant, refuse or withdraw consent on
behalf of the patient with respect to the provision of any healthcare service, treatment, or procedure:

       (a)     The nearest living relative of the patient

       (b)     A close friend of the patient

       (c)     The domestic partner of the patient

       (d)     A religious superior of the patient


2.     In proceedings for the appointment of a guardian or conservator, either general or limited,
or subsequent proceedings in which the powers of a guardian or conservator are sought to be
enlarged, the standard of proof for the petitioner or moving party that the appointment or
enlargement of powers is warranted is:

       (a)     medical evidence from an expert witness

       (b)     clear and convincing evidence

       (c)     evidence beyond a reasonable doubt

       (d)     preponderance of the evidence


3.     A finding under the guardianship statute that an individual is incapacitated

       (a)     constitutes a finding of legal incompetence

       (b)     means that the incapacitated individual does not retain the right to make personal
               decisions, financial decisions, to vote or to hold public office

       (c)     means that the incapacitated individual retains only those legal rights expressly
               contained in the Court’s order
      (d)    means that the incapacitated individual retain all legal rights and abilities other than
             those expressly limited or curtailed in the order of appointment of a guardian or in
             a protective proceeding, or subsequent order of the court.


4.    Which of the following is not included in the definition of an "Incapacitated individual"

      (a)    an individual with Alzheimer’s or schizophrenia

      (b)    an adult whose ability to receive and evaluate information effectively is impaired

      (c)    an adult whose ability to communicate decisions is impaired

      (d)    an adult whose impairments are such that he or she lacks the capacity to manage all
             or some of his or her financial resources or to meet all or some essential
             requirements for his or her physical health, safety, habilitation, or therapeutic needs
             without court-ordered assistance or the appointment of a guardian or conservator.


5.    Which of the following is NOT correct regarding the chapter of the DC Code on
Guardianships and Conservatorships:

      (a)    The chapter applies to property located in the District of a non-domiciliary who is
             a disappeared individual or an individual to be protected.

      (b)    The chapter applies only to individuals domiciled in the District of Columbia.

      (c)    The chapter applies to property coming into the control of a guardian or conservator
             who is subject to the laws of the District of Columbia.

      (d)    The chapter applies to a non-domiciled incapacitated individual physically present
             in the District.


6.    Who may file a Petition for court appointment of a guardian?

      (a)    Petitioner must be a blood relative, adopted child, spouse or authorized case worker
             for Adult Protective Services.

      (b)    Only attorneys on the Court’s Fiduciary panel may file guardianship petitions.

      (c)    An incapacitated individual or any person interested in the welfare of the
             incapacitated individual may file for appointment of a guardian, either limited or
             general.


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     (d)    Only a person with direct knowledge of the individual’s specific incapacity and who
            has at least one expert opinion from a physician as to that incapacity may file for the
            appointment of a guardian, either limited or general.


7.   Which statement most accurately describes the requirements for service of the Notice and
     Petition to the Subject of the guardianship proceeding located in the District of Columbia?

     (a)    The Notice of the Hearing together with the Petition shall be served personally by
            the petitioner’s counsel or other adult agent other than the petitioner, on the Subject
            no less than 14 days before the hearing . An affidavit of Service shall be filed with
            the Court no later than the date of the hearing. The Subject may not waive notice.

     (b)    The Petition shall be served upon the Subject of the petition by first class mail
            within three days of filing. Proof of service is by certificate of service.

     (c)    The Notice shall be personally delivered no less than 14 days before the hearing or
            may be mailed no less than 17 days before the hearing, with proof of service by
            certificate of service. The Subject may waive notice through counsel.

     (d)    The Notice of the Hearing together with the Petition shall be served personally by
            the petitioner’s counsel or other adult agent other than the petitioner, on the Subject
            or the Subject’s counsel no less than 14 days before the hearing . An affidavit of
            Service shall be filed with the Court no later than the date of the hearing. The Subject
            may waive notice through counsel.


8.   Counsel to the Subject of the proceeding shall do all of the following except:

     (a)    Explain to the Subject of the proceeding the nature and possible consequences of the
            proceeding, the alternatives available and the Subject’s rights

     (b)    Secure and present evidence and testimony and arguments to protect the rights of the
            Subject and further that individual’s interests

     (c)    Zealously advocate the Subject’s legitimate wishes, even where counsel does not
            agree with the Subject’s wishes

     (d)    Act as an independent investigator to determine the facts necessary for zealous
            representation of the Subject .




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9.     The Court may appoint a guardian ad litem [GAL]

       (a)     to serve as an independent finder of fact, investigator, ombudsman, or other neutral
               party in the proceeding

       (b)     to assist the court-appointed counsel to determine the Subject’s interests in regard
               to the guardianship or protective proceeding

       (c)     only if requested by the Petitioner for good cause shown

       (d)     to assist the subject of an intervention proceeding to determine his or her interests
               in regard to the guardianship or protective proceeding or to make that determination
               if the subject of the proceeding is unconscious or otherwise wholly incapable of
               determining his or her interests in that proceeding even with assistance


10.    Which of the following is not true of Discovery in an Intervention Proceeding?

       (a)     It is conducted in accordance with Superior Court Civil Rules 26 through 37.

       (b)     There is a limit of five depositions and 30 Interrogatories.

       (c)     Discovery may be had only upon order of the Court.

       (d)     The Court may enter an order for discovery pursuant to a Petition under SCR-PD
               302(a) or a request made in open court.


11.     Any qualified person may be appointed guardian of an incapacitated individual.
Acting in the best interest of an incapacitated individual, the Court may pass over a person having
priority and appoint a person having lower or no priority. Which of the following persons has the
highest priority, absent lack of qualifications or other good cause?

       (a)     The spouse of the incapacitated individual or a person nominated by will of a
               deceased spouse

       (b)     Any relative of the incapacitated individual with whom he or she has resided for
               more than 6 months prior to the filing of the petition

       (c)     An attorney from the Court’s Fiduciary List

       (d)     The person whom the incapacitated individual has currently stated he or she wishes
               or whom the incapacitated individual has most recently nominated in a durable
               power of attorney.


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12.    While the Petition for the appointment of a guardian is pending, the court may preserve and
apply the property of the individual to be protected as may be required for the support of the
individual to be protected or dependents of the individual

       (a)      only in life and death situations

       (b)     after a preliminary hearing and without notice to others

       (c)     for a period not to exceed 15 days

       (d)     only if a conservatorship is also being sought in the petition


13.    Under which of the following circumstances may a fifteen day temporary guardian be
appointed?

       (a)     a financial emergency exists which may adversely affect the estate of the individual
               to be protected

       (b)     the individual to be protected has urgent personal or financial matters which may
               worsen if the appointment is delayed

       (c)     the individual is incapacitated, has no guardian or other person who appears to have
               authority to act and a life threatening emergency exists

       (d)     at the discretion of the Court


14.    Which of the following is within the statutory powers of a guardian and does not require that
such authority is expressly set forth in the order of the Court?

       (a)     To receive money payable for the support of the ward under the terms of any
               statutory benefit or insurance system or any private contract, devise, trust or
               conservatorship; to apply any money of the ward to the ward’s current needs for
               support, care, habilitation and treatment; to obtain medical records for the purpose
               of applying for government entitlements or private benefits and have the status of a
               legal representative under the DC Mental Health Information Act of 1978

       (b)     To consent to the voluntary or involuntary civil commitment of an incapacitated
               individual who is alleged to be mentally ill and dangerous

       (c)     To reimburse himself for room, board and clothing personally provided to the ward
               and for reasonable compensation for services as guardian to the ward



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       (d)     To consent to an abortion, sterilization, psychosurgery, convulsive therapy,
               experimental therapy or to the withholding of non-emergency, lifesaving medical
               procedures


15.     Which of the following is not a permissible statutory order that the court may exercise
directly or through a conservator with respect to the business affairs and estate of a protected
individual?

       (a)     Power to write a will for the ward

       (b)     Power to enter into contracts, make gifts and convey or release contingent interests
               in property including marital property and any right of survivorship incident to a
               joint tenancy or tenancy by the entirety

       (c)     Power to change beneficiaries under insurance and annuity policies and to surrender
               policies for their cash value

       (d)     Power to create revocable or irrevocable trusts of the property of the estate that may
               extend beyond the incapacity or life of the protected individual

16.    Which of the following persons has the highest priority for appointment as a conservator of
an incapacitated individual?

       (a)     Any relative of the protected individual who has resided with the protected
               individual for more than 6 months before the filing of the petition

       (b)     The spouse of the protected individual

       (c)     A person or corporation nominated by the protected individual

       (d)     A person nominated by the incapacitated individual in a durable power of attorney.


17.     Bond is not mandatory for conservators. However, if ordered, unless otherwise directed, the
bond of the conservator must be in the amount of the aggregate capital value of the property of the
estate in the conservator’s control plus one year’s estimated income. Which property of the estate
may be excluded expressly by statute from the bond requirement?

       (a)     Real property located in a jurisdiction other than the District of Columbia

       (b)     The value of any real property that the fiduciary, by express limitation of power,
               lacks the power to sell or convey without court order

       (c)     The cash value of any insurance policies owned by the Ward

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       (d)     Personal property worth less than $10,000


18.    Which of the following correctly describes the conservator’s title in the Ward’s property?

       (a)     The appointment of a conservator vests in the conservator title as trustee to all
               property of the protected individual presently held or after acquired, or to the part of
               the property specified in the order, including title to any property held for the
               protected individual by custodians or attorneys-in-fact. An order specifying that only
               a part of the property of the protected individual vests in the conservator creates a
               limited conservatorship.

       (b)     The interest of the protected individual in property vested in a conservator by this
               section is not transferable or assignable by the protected individual.

       (c)     Neither property vested in a conservator by this section nor the interest of the
               protected person in that property is subject to levy, garnishment, or similar process,
               except as provided in an order issued in a protective proceeding.

       (d)     All of the above


19.     Without court authorization or confirmation, a conservator may invest and reinvest funds of
the estate as would a trustee. A conservator, acting reasonably in efforts to accomplish a purpose
of the appointment, may act without court authorization or confirmation, to perform all of the
following except:

       (a)     To deposit estate funds in a local or federally insured financial institution, including
               a financial institution operated by the conservator

       (b)     To acquire or dispose of an estate asset, including land in another jurisdiction, for
               cash or on credit, at public or private sale, and manage, develop, improve, exchange,
               partition, change the character of, or abandon an estate asset

       (c)     To sell or encumber the assets of the estate to the conservator, spouse, domestic
               partner, agent or attorney of the conservator, provided that notice is given to
               interested parties of the sale or encumbrance

       (d)     Employ persons, including attorneys, auditors, investment advisors, or agents to
               advise or assist in the performance of administrative duties, act upon their
               recommendation without independent investigation, and instead of acting personally,
               employ 1 or more agents to perform any act of administration, whether discretionary
               or not



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20.    Which of the following is not a correct statement about the personal liability of a
conservator?

      (a)    The conservator is personally liable for obligations arising from ownership or control
             of property of the estate or for torts committed in the course of administration of the
             estate only if personally at fault.

      (b)    Any question of liability between the estate and the conservator personally may be
             determined in a proceeding for accounting, surcharge, or indemnification, or other
             appropriate proceeding or action.

      (c)    Even if otherwise provided for in the contract, a conservator is not personally liable
             on a contract properly entered into in a fiduciary capacity in the course of
             administration or distribution of the estate.

      (d)    Claims based on (1) contracts entered into by a conservator in a fiduciary capacity,
             (2) obligations arising from ownership or control of the estate, or (3) torts committed
             in the course of administration of the estate, may be asserted against the estate by
             proceeding against the conservator in a fiduciary capacity, whether or not the
             conservator is personally liable for the claim.




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