Ch 14: Legal And Ethical Issues

Question 1

Common law

Answer 1

Developed from court decisions

Question 2

Constitutional law

Answer 2

Based on the US constitution

Question 3

Statutory law

Answer 3

Enacted by Congress or a state legislature in the form of individual statutes, which form code

Question 4

Administrative law

Answer 4

Created by administrative agencies, statute, Congress or state legislature; authorizes an agency to create laws known as rules or regulations

Question 5

Guardianship

Answer 5

Legally enforceable arrangement under which one person (guardian) has the legal right and duty to care for another (the ward)

Question 6

Duties of the guardian of the person

Answer 6

Manages and makes decisions about personal affairs of the ward, and shows that the ward has food, shelter, and clothing as well as medical care, education, and rehab.

Question 7

Guardian of the estate

Answer 7

Manages only financial affairs and property of the ward

Question 8

Plenary guardianship

Answer 8

Cares for both personal needs and the property of the ward

Question 9

Power of attorney

Answer 9

Document in which a competent person (the principal) appoints another (the agent) to act for him or her in legal and financial matters if agent becomes disabled or incompetent

Question 10

Living will

Answer 10

Also called an advanced directive

Written instructions by a competent adult to a physician on providing, withholding, or withdrawing life sustaining procedures when the individual is in a terminal or permanently unconscious condition

Question 11

Durable power of attorney for health care or medical power of attorney

Answer 11

(Health care proxy)

Competent adult (principal) appoints an agent to make decisions about medical care in the event that the principal is unable to make those decisions.

Question 12

Competency or capacity

Answer 12

legal term that describes a person’s mental ability to understand the nature and effect of one’s decisions and acts

Question 13

Informed consent

Answer 13

patient’s right to consent to care only after the health care provider fully discloses risks to make an informed decision

Question 14

Abuse

Answer 14

Willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish

Question 15

Neglect

Answer 15

failure to provide for the basic needs of a dependent individual

Question 16

Exploitation

Answer 16

use of a dependent individual’s property illegally or without consent of the individual

Question 17

advocate

Answer 17

individual or organization who serves on behalf of the individual

Question 18

ADA definition of individual with disability

Answer 18

a person who has a physical or mental impairment that substantially limits one or more major life activities, person who has a history or record of such an impairment, person who is perceived by other as having such impairment

Question 19

Title I of the ADA

Answer 19

Prohibits discrimination against individuals with disabilities in recruitment, hiring, promotions, training, pay, social activities;
Individual must be qualified to perform the essential functions of the job with or without reasonable accommodations

Question 20

Title II of the ADA

Answer 20

Prohibits discrimination against qualified individuals with disabilities in all state and local programs, activities and services of public entities

Question 21

Olmstead Supreme Court decision

Answer 21

state and local governments are required to provide services in the most integrated setting appropriate to the needs to the individual with a disability

Question 22

Title III of the ADA

Answer 22

businesses and non profit entities must have public accommodations that comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment

Question 23

Title IV of the ADA

Answer 23

addresses telephone and television access for people with hearing and speech disabilities