FLORIDA GUARDIANSHIP ALL QUESTIONS AND
ANSWERS SURE A+
✔✔What does due process require in guardianship proceedings? - ✔✔Adequate notice
and a meaningful opportunity to be heard.
✔✔What must notice allow in guardianship proceedings? - ✔✔Preparation and
participation.
✔✔What is the standard of review for statutory interpretation? - ✔✔De novo review.
✔✔What is the duty of guardians and parents regarding a minor's necessities? - ✔✔To
provide food, shelter, clothing, and healthcare.
✔✔What financial responsibility does a father have upon establishing paternity? -
✔✔He may be held responsible for the child's expenses, even if born out of wedlock.
✔✔What may courts require for a minor's settlement funds? - ✔✔To be placed into a
trust or restricted account.
✔✔What is the role of a guardian ad litem in personal injury cases involving minors? -
✔✔To evaluate whether the settlement is adequate and in the minor's best interests.
✔✔What is a key distinction between minor and adult guardianship? - ✔✔Minor
guardianship does not involve incapacity proceedings.
✔✔What is required for a minor's guardianship regarding incapacity? - ✔✔No incapacity
proceeding is required as minors are presumed incapacitated.
✔✔Who are considered natural guardians of a minor? - ✔✔Parents, but their authority
is limited by statute.
, ✔✔What is the ruling in In re Guardianship of J.D.S. regarding guardianship for a fetus?
- ✔✔A court may not appoint a guardian for a fetus unless expressly authorized by
statute.
✔✔What rights do natural guardians have for a child born out of wedlock? - ✔✔Both
mother and father who establishes paternity have parental rights and responsibilities.
✔✔What does Florida Probate Rule 5.636 govern? - ✔✔Approval of minor settlements
and ensures protection of the minor's interests.
✔✔What is required for a voluntary guardianship petition? - ✔✔A physician certificate
stating the petitioner is competent to understand the guardianship.
✔✔What distinguishes voluntary from involuntary guardianship? - ✔✔Voluntary requires
capacity and consent; involuntary requires adjudication of incapacity.
✔✔What is the relationship between a guardian's attorney and the ward? - ✔✔The
attorney represents the guardian, but the ward may sue for malpractice under certain
conditions.
✔✔What does privity refer to in legal terms? - ✔✔A direct legal relationship between
parties, usually required for malpractice claims.
✔✔What happens to a ward's capacity during the appointment of an emergency
temporary guardian? - ✔✔The ward retains rights unless a court order limits them.
✔✔What is the role of the attorney for an emergency temporary guardian? - ✔✔To
represent the guardian while ensuring the ward's protection and best interests.
✔✔What should be focused on for exam preparation in guardianship law? -
✔✔Notice/due process, minor settlement GAL, voluntary vs involuntary guardianship,
Saadeh privity, and guardian attorney duties.
✔✔When does a guardianship terminate? - ✔✔A guardianship terminates when the
ward becomes sui juris, is restored to capacity, cannot be located after diligent search,
the property subject to guardianship is exhausted, or the ward dies.
✔✔What must a guardian do upon the death of the ward? - ✔✔A guardian of the person
is discharged upon filing a certified copy of the ward's death certificate, but a guardian
of the property must still file a final report and obtain discharge.
✔✔What happens when the property subject to guardianship is exhausted? - ✔✔A
guardianship of the property may terminate when the property is exhausted, but the
guardian must still file a final report and seek discharge.
ANSWERS SURE A+
✔✔What does due process require in guardianship proceedings? - ✔✔Adequate notice
and a meaningful opportunity to be heard.
✔✔What must notice allow in guardianship proceedings? - ✔✔Preparation and
participation.
✔✔What is the standard of review for statutory interpretation? - ✔✔De novo review.
✔✔What is the duty of guardians and parents regarding a minor's necessities? - ✔✔To
provide food, shelter, clothing, and healthcare.
✔✔What financial responsibility does a father have upon establishing paternity? -
✔✔He may be held responsible for the child's expenses, even if born out of wedlock.
✔✔What may courts require for a minor's settlement funds? - ✔✔To be placed into a
trust or restricted account.
✔✔What is the role of a guardian ad litem in personal injury cases involving minors? -
✔✔To evaluate whether the settlement is adequate and in the minor's best interests.
✔✔What is a key distinction between minor and adult guardianship? - ✔✔Minor
guardianship does not involve incapacity proceedings.
✔✔What is required for a minor's guardianship regarding incapacity? - ✔✔No incapacity
proceeding is required as minors are presumed incapacitated.
✔✔Who are considered natural guardians of a minor? - ✔✔Parents, but their authority
is limited by statute.
, ✔✔What is the ruling in In re Guardianship of J.D.S. regarding guardianship for a fetus?
- ✔✔A court may not appoint a guardian for a fetus unless expressly authorized by
statute.
✔✔What rights do natural guardians have for a child born out of wedlock? - ✔✔Both
mother and father who establishes paternity have parental rights and responsibilities.
✔✔What does Florida Probate Rule 5.636 govern? - ✔✔Approval of minor settlements
and ensures protection of the minor's interests.
✔✔What is required for a voluntary guardianship petition? - ✔✔A physician certificate
stating the petitioner is competent to understand the guardianship.
✔✔What distinguishes voluntary from involuntary guardianship? - ✔✔Voluntary requires
capacity and consent; involuntary requires adjudication of incapacity.
✔✔What is the relationship between a guardian's attorney and the ward? - ✔✔The
attorney represents the guardian, but the ward may sue for malpractice under certain
conditions.
✔✔What does privity refer to in legal terms? - ✔✔A direct legal relationship between
parties, usually required for malpractice claims.
✔✔What happens to a ward's capacity during the appointment of an emergency
temporary guardian? - ✔✔The ward retains rights unless a court order limits them.
✔✔What is the role of the attorney for an emergency temporary guardian? - ✔✔To
represent the guardian while ensuring the ward's protection and best interests.
✔✔What should be focused on for exam preparation in guardianship law? -
✔✔Notice/due process, minor settlement GAL, voluntary vs involuntary guardianship,
Saadeh privity, and guardian attorney duties.
✔✔When does a guardianship terminate? - ✔✔A guardianship terminates when the
ward becomes sui juris, is restored to capacity, cannot be located after diligent search,
the property subject to guardianship is exhausted, or the ward dies.
✔✔What must a guardian do upon the death of the ward? - ✔✔A guardian of the person
is discharged upon filing a certified copy of the ward's death certificate, but a guardian
of the property must still file a final report and obtain discharge.
✔✔What happens when the property subject to guardianship is exhausted? - ✔✔A
guardianship of the property may terminate when the property is exhausted, but the
guardian must still file a final report and seek discharge.
