FLORIDA GUARDIANSHIP 2026 EXAMS SCRIPTED
QUESTIONS AND ANSWERS SURE A+
✔✔What is required for the incapacity procedure under § 744.331? - ✔✔Incapacity
requires notice, appointed counsel, a three-member examining committee, and an
adjudicatory hearing.
✔✔What happens if the examining committee finds no incapacity? - ✔✔The court must
dismiss the petition.
✔✔What is the role of court-appointed counsel in incapacity proceedings? - ✔✔Court-
appointed counsel must represent the alleged incapacitated person and protect their
rights.
✔✔What must the examining committee evaluate? - ✔✔The examining committee must
evaluate the alleged incapacitated person's ability to exercise specific rights.
✔✔What are the ethical duties of an attorney representing a client with diminished
capacity? - ✔✔The attorney must maintain a normal client-lawyer relationship and may
take protective action only when the client is at risk of substantial harm.
✔✔What is a guardian advocate? - ✔✔A guardian advocate may be appointed for a
person with a developmental disability without an adjudication of incapacity.
✔✔What qualifies as a developmental disability? - ✔✔A developmental disability is a
qualifying disorder or syndrome that manifests before age 18 and constitutes a
substantial handicap expected to continue indefinitely.
✔✔What is a guardian advocate under Chapter 393? - ✔✔A less restrictive process for
developmental disabilities that does not require a formal incapacity adjudication.
✔✔What is required for Chapter 744 guardianship? - ✔✔Incapacity findings and
removal of legal rights.
, ✔✔What oversight do guardian advocates have? - ✔✔They are subject to court
oversight and training requirements.
✔✔In what contexts may guardian advocates arise? - ✔✔Mental health or substance-
abuse contexts.
✔✔What must the court determine when incapacity intersects with divorce? -
✔✔Whether the person retains the capacity to exercise personal rights or requires court
approval.
✔✔What does Florida guardianship law require regarding capacity? - ✔✔Capacity must
be analyzed right-by-right, using the least restrictive alternative.
✔✔What is the purpose of a petition for guardian advocacy? - ✔✔To request court
appointment of a guardian advocate for a person with a developmental disability.
✔✔How does guardian advocacy differ from guardianship? - ✔✔Guardian advocacy is
a less restrictive alternative that does not require a formal finding of incapacity.
✔✔When can a guardian advocate be appointed? - ✔✔If an individual has a
developmental disability but does not meet the full criteria for incapacity.
✔✔What defines a developmental disability? - ✔✔A condition that manifests before age
18 and constitutes a substantial handicap expected to continue indefinitely.
✔✔What types of guardianships does Florida recognize? - ✔✔Plenary guardianship,
limited guardianship, guardian of the person, guardian of the property, emergency
temporary guardianship, guardian advocacy, minor guardianship, voluntary
guardianship.
✔✔What is the only type of voluntary guardianship recognized in Florida? - ✔✔A
competent adult petitions for a guardian of the property without an adjudication of
incapacity.
✔✔When can an emergency temporary guardian be appointed? - ✔✔When there is
imminent danger to the person or property of the alleged incapacitated person.
✔✔What does the Baker Act allow? - ✔✔Involuntary examination and treatment of
individuals with mental illness who are unable to give informed consent.
✔✔What does the Marchman Act allow? - ✔✔Involuntary assessment and treatment of
individuals impaired by substance abuse.
QUESTIONS AND ANSWERS SURE A+
✔✔What is required for the incapacity procedure under § 744.331? - ✔✔Incapacity
requires notice, appointed counsel, a three-member examining committee, and an
adjudicatory hearing.
✔✔What happens if the examining committee finds no incapacity? - ✔✔The court must
dismiss the petition.
✔✔What is the role of court-appointed counsel in incapacity proceedings? - ✔✔Court-
appointed counsel must represent the alleged incapacitated person and protect their
rights.
✔✔What must the examining committee evaluate? - ✔✔The examining committee must
evaluate the alleged incapacitated person's ability to exercise specific rights.
✔✔What are the ethical duties of an attorney representing a client with diminished
capacity? - ✔✔The attorney must maintain a normal client-lawyer relationship and may
take protective action only when the client is at risk of substantial harm.
✔✔What is a guardian advocate? - ✔✔A guardian advocate may be appointed for a
person with a developmental disability without an adjudication of incapacity.
✔✔What qualifies as a developmental disability? - ✔✔A developmental disability is a
qualifying disorder or syndrome that manifests before age 18 and constitutes a
substantial handicap expected to continue indefinitely.
✔✔What is a guardian advocate under Chapter 393? - ✔✔A less restrictive process for
developmental disabilities that does not require a formal incapacity adjudication.
✔✔What is required for Chapter 744 guardianship? - ✔✔Incapacity findings and
removal of legal rights.
, ✔✔What oversight do guardian advocates have? - ✔✔They are subject to court
oversight and training requirements.
✔✔In what contexts may guardian advocates arise? - ✔✔Mental health or substance-
abuse contexts.
✔✔What must the court determine when incapacity intersects with divorce? -
✔✔Whether the person retains the capacity to exercise personal rights or requires court
approval.
✔✔What does Florida guardianship law require regarding capacity? - ✔✔Capacity must
be analyzed right-by-right, using the least restrictive alternative.
✔✔What is the purpose of a petition for guardian advocacy? - ✔✔To request court
appointment of a guardian advocate for a person with a developmental disability.
✔✔How does guardian advocacy differ from guardianship? - ✔✔Guardian advocacy is
a less restrictive alternative that does not require a formal finding of incapacity.
✔✔When can a guardian advocate be appointed? - ✔✔If an individual has a
developmental disability but does not meet the full criteria for incapacity.
✔✔What defines a developmental disability? - ✔✔A condition that manifests before age
18 and constitutes a substantial handicap expected to continue indefinitely.
✔✔What types of guardianships does Florida recognize? - ✔✔Plenary guardianship,
limited guardianship, guardian of the person, guardian of the property, emergency
temporary guardianship, guardian advocacy, minor guardianship, voluntary
guardianship.
✔✔What is the only type of voluntary guardianship recognized in Florida? - ✔✔A
competent adult petitions for a guardian of the property without an adjudication of
incapacity.
✔✔When can an emergency temporary guardian be appointed? - ✔✔When there is
imminent danger to the person or property of the alleged incapacitated person.
✔✔What does the Baker Act allow? - ✔✔Involuntary examination and treatment of
individuals with mental illness who are unable to give informed consent.
✔✔What does the Marchman Act allow? - ✔✔Involuntary assessment and treatment of
individuals impaired by substance abuse.
