Guardianship state Quiz Test
Florida Guardianship Chapter - CORRECT ANSWER✅✅✅744
Plenary Guardianship - CORRECT ANSWER✅✅✅Total loss of rights of a person;
Guardian can make all decisions regarding healthcare, and financial
Incompetency was replaced by... - CORRECT ANSWER✅✅✅Incapacity
Qualifications to serve as a guardian.... - CORRECT 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 - CORRECT ANSWER✅✅✅744.309
Criminal investigation statute - CORRECT ANSWER✅✅✅744.3135
Criminal investigation statute terms - CORRECT 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 - CORRECT 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 - CORRECT 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 - CORRECT 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 - CORRECT ANSWER✅✅✅394.4598
-Persona appointed to make medical and mental health decisions for an individual who has been
hospitalized under FS 394
Guardian Advocate - CORRECT 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 - CORRECT 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 - CORRECT ANSWER✅✅✅744.301
-Mother and father
-Or parent who holds sole custody
-Or mother who gave birth out of wedlock
,Voluntary Guardian - CORRECT 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 - CORRECT 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 - CORRECT 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 - CORRECT ANSWER✅✅✅744.102
-guardian can exercise all delegable legal rights and powers
Limited guardianship - CORRECT 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 capacity.
-the ward will receive notice of petitions and reports because there is assumed some degree of
capacity under a limited guardianship
Standby guardian - CORRECT ANSWER✅✅✅744.304
, -given the power to serve as guardian in the event the currently serving guardian dies or becomes
incapacitated himself.
-Allows for continuity of care of the ward
Veterans guardianship - CORRECT ANSWER✅✅✅744.602
-Veterans Administration may determine that a person who is receiving a veteran's pension is not
able to manage these funds and requires someone to do this for him.
-Veteran's Administration is the petitioner for the appointment of a guardian
Appointment of VA Guardian - CORRECT ANSWER✅✅✅744.613
-Veteran's Guardianship is over ward's property only, so initial and annual plans are not required
-However, if the ward has also been adjudicated as being incapacitated through the court, then
initial and annual plans must be completed
Inventory of Ward's property - CORRECT ANSWER✅✅✅744.621
-guardian must file with the circuit court and veteran's administration an inventory of the ward's
property within 30 days
-failing to submit initial = discharge of guardian
Guardian compensation - CORRECT ANSWER✅✅✅-must not exceed 5% of the VA
income of the ward during any year
-Attorney's fees for filing the petition and conducting proceedings shall be fixed by the court and
not exceed $250
Corporate Guardian - CORRECT ANSWER✅✅✅744.309
-Appointment of trust company, state bank, savings association, or national bank or federal
savings and loan association to serve as guardian of the property only.
-However, a non-profit may serve as guardian of the person and property of the ward
Public guardians - CORRECT ANSWER✅✅✅744.702
Florida Guardianship Chapter - CORRECT ANSWER✅✅✅744
Plenary Guardianship - CORRECT ANSWER✅✅✅Total loss of rights of a person;
Guardian can make all decisions regarding healthcare, and financial
Incompetency was replaced by... - CORRECT ANSWER✅✅✅Incapacity
Qualifications to serve as a guardian.... - CORRECT 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 - CORRECT ANSWER✅✅✅744.309
Criminal investigation statute - CORRECT ANSWER✅✅✅744.3135
Criminal investigation statute terms - CORRECT 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 - CORRECT 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 - CORRECT 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 - CORRECT 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 - CORRECT ANSWER✅✅✅394.4598
-Persona appointed to make medical and mental health decisions for an individual who has been
hospitalized under FS 394
Guardian Advocate - CORRECT 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 - CORRECT 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 - CORRECT ANSWER✅✅✅744.301
-Mother and father
-Or parent who holds sole custody
-Or mother who gave birth out of wedlock
,Voluntary Guardian - CORRECT 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 - CORRECT 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 - CORRECT 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 - CORRECT ANSWER✅✅✅744.102
-guardian can exercise all delegable legal rights and powers
Limited guardianship - CORRECT 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 capacity.
-the ward will receive notice of petitions and reports because there is assumed some degree of
capacity under a limited guardianship
Standby guardian - CORRECT ANSWER✅✅✅744.304
, -given the power to serve as guardian in the event the currently serving guardian dies or becomes
incapacitated himself.
-Allows for continuity of care of the ward
Veterans guardianship - CORRECT ANSWER✅✅✅744.602
-Veterans Administration may determine that a person who is receiving a veteran's pension is not
able to manage these funds and requires someone to do this for him.
-Veteran's Administration is the petitioner for the appointment of a guardian
Appointment of VA Guardian - CORRECT ANSWER✅✅✅744.613
-Veteran's Guardianship is over ward's property only, so initial and annual plans are not required
-However, if the ward has also been adjudicated as being incapacitated through the court, then
initial and annual plans must be completed
Inventory of Ward's property - CORRECT ANSWER✅✅✅744.621
-guardian must file with the circuit court and veteran's administration an inventory of the ward's
property within 30 days
-failing to submit initial = discharge of guardian
Guardian compensation - CORRECT ANSWER✅✅✅-must not exceed 5% of the VA
income of the ward during any year
-Attorney's fees for filing the petition and conducting proceedings shall be fixed by the court and
not exceed $250
Corporate Guardian - CORRECT ANSWER✅✅✅744.309
-Appointment of trust company, state bank, savings association, or national bank or federal
savings and loan association to serve as guardian of the property only.
-However, a non-profit may serve as guardian of the person and property of the ward
Public guardians - CORRECT ANSWER✅✅✅744.702
