Guardianship state review Questions & Answers(rated A)

Guardianship state review Questions & Answers(rated A) Florida Guardianship Chapter -ANSWER 744 Plenary Guardianship -ANSWER Total loss of rights of a person; Guardian can make all decisions regarding healthcare, and financial Incompetency was replaced by... -ANSWER Incapacity Qualifications to serve as a guardian.... -ANSWER 1- over the age of 18 2- no felony charges 3- not a service provider 4- never charged with abuse, abandonment, or neglect 5- not a creditor Qualifications Florida Statute -ANSWER 744.309 Criminal investigation statute -ANSWER 744.3135 Criminal investigation statute terms -ANSWER guardians, including all of their employees that have a fiduciary responsibility to the guardian's wards undergo LEVEL 2 criminal investigations initially, then every 5 years. It is completed VIA Electronic fingerprinting . A LEVEL 1 must be conducted every 2 years Blanket Fiduciary Bond -ANSWER Each professional guardian who files a petition for appointment is required to post a blanket fiduciary bond with the clerk of the court in the county where the guardian's primary place of business is located. The bond must be in the amount of $50,000. Annual premium can range from 250-500 Registration -ANSWER Each guardian must register with the OPPG, formally SPGO. you need: 1- completion of 40-hour course 2- letter indicating passage of state exam 3- copy of 50,000 blanket bond 4- credit history report 5- check for registration fee- $35 Parens Patrie -ANSWER "King as Father"- responsibility and protection and care for the mentally disabled person with the King. Current practices recognize the state as the "Father". Guardian Advocate for mentally ill -ANSWER 394.4598 -Persona appointed to make medical and mental health decisions for an individual who has been hospitalized under FS 394 Guardian Advocate -ANSWER Appoints guardian for people who have developmental disabilities. Once appointed, the guardian advocate is governed by FS 744 and must abide by same requirements as other court appointed guardians Pre-need guardian -ANSWER 744.3045 - Competent adult may name a preneed guardian to serve in the event of becoming incapacitated. Written declaration can be filed with the clerk of court - Within 20 days after assuming duties, the preneed guardian must petition the court for confirmation of appointment Natural Guardian -ANSWER 744.301 -Mother and father -Or parent who holds sole custody -Or mother who gave birth out of wedlock Voluntary Guardian -ANSWER 744.341 -petition for appointment of a guardian must be accompanied by a certificate of licensed physician specifying he or she has examined the petitioner and that the petitioner is competent to understand Advantages for ward under voluntary guardianship -ANSWER - receive copies of initial and annual reports -approve or disapprove actions of guardian -approve or disapprove of guardian fees -terminate the guardianship at any time as long as he or she is competent Emergency Temporary Guardianship -ANSWER 744.3031 -Prior to appointment of a guardian but after a petition for determination has been filed, appoint an emergency temporary guardian for the person or property, or both of an alleged incapacitated person. -court must find there appears to be imminent danger that the physical or mental health or safety of the person will be seriously impaired. Or that the property is in danger of being wasted. The Temp. guardianship ends after 90 days or when the temp. guardian becomes permanent ,whichever comes first Plenary Guardianship -ANSWER 744.102 -guardian can exercise all delegable legal rights and powers Limited guardianship -ANSWER 744.102 -appointed by the court to exercise only those rights specifically designated by the court order which has been entered after the court has found the incapacitated person lacks capa