FLORIDA GUARDIANSHIP CORRECT FINALS
QUESTIONS AND ANSWERS SURE A+
✔✔What are the execution requirements for a Florida power of attorney? - ✔✔It must
be signed by the principal, signed by two witnesses, and acknowledged before a notary.
✔✔Who can be an agent under a Florida power of attorney? - ✔✔An adult or legally
authorized entity capable of exercising the granted authority.
✔✔What powers require separate signatures or initials under § 709.2202? - ✔✔Powers
like creating or amending a trust, making gifts, changing beneficiary designations, and
waiving annuity rights.
✔✔When does a power of attorney authorize health-care decision-making? - ✔✔Only if
it contains proper health-care authority, and it conflicts with an advance health-care
directive, the directive controls.
✔✔What happens to a power of attorney during guardianship proceedings? - ✔✔The
authority granted is generally suspended until the petition is dismissed or the court
authorizes continued exercise of powers.
✔✔What is the family-agent exception to suspension in power of attorney? - ✔✔The
agent's authority is not automatically suspended if they are the principal's parent,
spouse, child, or grandchild unless a verified motion is filed.
✔✔What can an agent do in an emergency during pending incapacity cases? -
✔✔Petition the court for authority to exercise specific powers under the power of
attorney.
✔✔When does a power of attorney terminate? - ✔✔When the principal dies, revokes it,
the purpose is accomplished, or the principal becomes incapacitated if the POA is not
durable.
, ✔✔When does an agent's authority terminate? - ✔✔When the agent dies, becomes
incapacitated, resigns, is removed by court, or if the POA terminates.
✔✔What are the fiduciary duties of an agent under a power of attorney? - ✔✔To act in
good faith, within the scope of authority, loyally for the principal's benefit, and consistent
with the principal's estate plan.
✔✔What can challenge the validity of a power of attorney? - ✔✔If it was procured
through undue influence, fraud, coercion, or lack of capacity at the time of execution.
✔✔What is a supported decision-making agreement? - ✔✔It allows a principal to
authorize another person to receive information and assist with communication without
binding decisions.
✔✔Is a supported decision-making agreement a durable power of attorney? - ✔✔No, it
is not a durable power of attorney and any durability language has no legal effect.
✔✔What is the benefit of supported decision-making? - ✔✔It preserves legal rights
while providing support to understand information and maintain autonomy.
✔✔What must a professional fiduciary do? - ✔✔Act in the best interest of the principal
or ward and may serve as a less restrictive alternative for financial management.
✔✔What is the standard of proof for incapacity under § 744.331? - ✔✔It must be proven
by clear and convincing evidence.
✔✔What is the burden of proof for restoration of capacity? - ✔✔It requires proof by a
preponderance of the evidence.
✔✔What is the key contrast in Florida guardianship law regarding rights removal and
restoration? - ✔✔Higher burden and procedural safeguards to remove rights compared
to a lower standard to restore rights.
✔✔What is a Suggestion of Capacity? - ✔✔A filing that allows the court to evaluate
whether a ward has regained the ability to exercise previously removed rights.
✔✔What must the court do if a ward has regained capacity? - ✔✔Restore only those
rights the ward is capable of exercising, on a right-by-right basis.
✔✔What is a Florida guardianship proceeding? - ✔✔A court-supervised process
involving the alleged incapacitated person, court-appointed counsel, the guardian, and
the court, designed to protect the individual's rights and best interests.
QUESTIONS AND ANSWERS SURE A+
✔✔What are the execution requirements for a Florida power of attorney? - ✔✔It must
be signed by the principal, signed by two witnesses, and acknowledged before a notary.
✔✔Who can be an agent under a Florida power of attorney? - ✔✔An adult or legally
authorized entity capable of exercising the granted authority.
✔✔What powers require separate signatures or initials under § 709.2202? - ✔✔Powers
like creating or amending a trust, making gifts, changing beneficiary designations, and
waiving annuity rights.
✔✔When does a power of attorney authorize health-care decision-making? - ✔✔Only if
it contains proper health-care authority, and it conflicts with an advance health-care
directive, the directive controls.
✔✔What happens to a power of attorney during guardianship proceedings? - ✔✔The
authority granted is generally suspended until the petition is dismissed or the court
authorizes continued exercise of powers.
✔✔What is the family-agent exception to suspension in power of attorney? - ✔✔The
agent's authority is not automatically suspended if they are the principal's parent,
spouse, child, or grandchild unless a verified motion is filed.
✔✔What can an agent do in an emergency during pending incapacity cases? -
✔✔Petition the court for authority to exercise specific powers under the power of
attorney.
✔✔When does a power of attorney terminate? - ✔✔When the principal dies, revokes it,
the purpose is accomplished, or the principal becomes incapacitated if the POA is not
durable.
, ✔✔When does an agent's authority terminate? - ✔✔When the agent dies, becomes
incapacitated, resigns, is removed by court, or if the POA terminates.
✔✔What are the fiduciary duties of an agent under a power of attorney? - ✔✔To act in
good faith, within the scope of authority, loyally for the principal's benefit, and consistent
with the principal's estate plan.
✔✔What can challenge the validity of a power of attorney? - ✔✔If it was procured
through undue influence, fraud, coercion, or lack of capacity at the time of execution.
✔✔What is a supported decision-making agreement? - ✔✔It allows a principal to
authorize another person to receive information and assist with communication without
binding decisions.
✔✔Is a supported decision-making agreement a durable power of attorney? - ✔✔No, it
is not a durable power of attorney and any durability language has no legal effect.
✔✔What is the benefit of supported decision-making? - ✔✔It preserves legal rights
while providing support to understand information and maintain autonomy.
✔✔What must a professional fiduciary do? - ✔✔Act in the best interest of the principal
or ward and may serve as a less restrictive alternative for financial management.
✔✔What is the standard of proof for incapacity under § 744.331? - ✔✔It must be proven
by clear and convincing evidence.
✔✔What is the burden of proof for restoration of capacity? - ✔✔It requires proof by a
preponderance of the evidence.
✔✔What is the key contrast in Florida guardianship law regarding rights removal and
restoration? - ✔✔Higher burden and procedural safeguards to remove rights compared
to a lower standard to restore rights.
✔✔What is a Suggestion of Capacity? - ✔✔A filing that allows the court to evaluate
whether a ward has regained the ability to exercise previously removed rights.
✔✔What must the court do if a ward has regained capacity? - ✔✔Restore only those
rights the ward is capable of exercising, on a right-by-right basis.
✔✔What is a Florida guardianship proceeding? - ✔✔A court-supervised process
involving the alleged incapacitated person, court-appointed counsel, the guardian, and
the court, designed to protect the individual's rights and best interests.
