Florida Guardianship Exam Questions and
Answers 100% Pass
Least Restrictive Alternatives - ✔✔Health Care Surrogates
Durable Powers of Attorney
Guardian Advocates
Health Care Surrogates - ✔✔Any competent adult expressly designated by the principal
to make health care decisions and receive health care information
- The power is expressly limited to medical treatment decisions and the execution of
applications for public benefits on behalf of the principal
- If not deemed incapacitated, principal decisions still take precedent overs HCS's
Health Care Surrogate Procedure - ✔✔(1) Competent principal designates a HSC in a
signed writing with 2 subscribing witnesses
(2) Remains active until revoked
(3) Once appointed, HCS must notify interested parties
*CREATES clear & convincing evidence of principal's designation
Katelyn Whitman, All Rights Reserved © 2025 1
,Durable Powers of Attorney - ✔✔A writing that grants authority to an agent to act in
the place of the principal
- Co-agents are allowed
Financial DPOA - ✔✔May serve as DPOA, provided that:
(1) the institution has trust powers
(2) Has a place of business in Florida
(3) Is authorized to conduct trust business in Florida
DPOA Termination - ✔✔- Principal Dies
- Principal becomes incapacitates, if not a DPOA
- principal revokes POA
- POA provides when it terminates
- Purpose of POA is accomplished
- Authority terminates with no successor
DPOA Authority Termination - ✔✔Authority remains until:
- Agent dies, becomes incapacitated, resigns, or removed by court
Katelyn Whitman, All Rights Reserved © 2025 2
, Guardian Advocates - ✔✔Court should appoint a. GA for a person with a
developmental disability if the person "lacks the decision-making ability to do some,
but not all, of the decision-making tasks necessary to care for their person or property"
Guardian Advocates Requirements - ✔✔Court should appoint GA as least restrictive
means
- Court MUST consider any existing advance directives or DPOA made by the person
with a disability
- Specifically, determine if such documents will "sufficiently address the needs of the
person with a developmental disability" or GA will not be appointed
Florida Uniform Transfers to Minor's Act (FUTMA) - ✔✔Applies to transfers made
under the Act, if the transferor, a minor, or custodian, is a Florida Resident, or the
property is located in Florida
- Person designating a minor as recipient of property transferable upon occurrence of
future event may revocably nominate a custodian to receive the property for the minor
FUTMA Avenues - ✔✔Will, Trust, Deed, Instrument exercising power of appointment,
or Writing designating a beneficiary
Custodianship - ✔✔Gives custodian power to borrow, contract, & invest "in the best
interest of the minor."
Katelyn Whitman, All Rights Reserved © 2025 3
Answers 100% Pass
Least Restrictive Alternatives - ✔✔Health Care Surrogates
Durable Powers of Attorney
Guardian Advocates
Health Care Surrogates - ✔✔Any competent adult expressly designated by the principal
to make health care decisions and receive health care information
- The power is expressly limited to medical treatment decisions and the execution of
applications for public benefits on behalf of the principal
- If not deemed incapacitated, principal decisions still take precedent overs HCS's
Health Care Surrogate Procedure - ✔✔(1) Competent principal designates a HSC in a
signed writing with 2 subscribing witnesses
(2) Remains active until revoked
(3) Once appointed, HCS must notify interested parties
*CREATES clear & convincing evidence of principal's designation
Katelyn Whitman, All Rights Reserved © 2025 1
,Durable Powers of Attorney - ✔✔A writing that grants authority to an agent to act in
the place of the principal
- Co-agents are allowed
Financial DPOA - ✔✔May serve as DPOA, provided that:
(1) the institution has trust powers
(2) Has a place of business in Florida
(3) Is authorized to conduct trust business in Florida
DPOA Termination - ✔✔- Principal Dies
- Principal becomes incapacitates, if not a DPOA
- principal revokes POA
- POA provides when it terminates
- Purpose of POA is accomplished
- Authority terminates with no successor
DPOA Authority Termination - ✔✔Authority remains until:
- Agent dies, becomes incapacitated, resigns, or removed by court
Katelyn Whitman, All Rights Reserved © 2025 2
, Guardian Advocates - ✔✔Court should appoint a. GA for a person with a
developmental disability if the person "lacks the decision-making ability to do some,
but not all, of the decision-making tasks necessary to care for their person or property"
Guardian Advocates Requirements - ✔✔Court should appoint GA as least restrictive
means
- Court MUST consider any existing advance directives or DPOA made by the person
with a disability
- Specifically, determine if such documents will "sufficiently address the needs of the
person with a developmental disability" or GA will not be appointed
Florida Uniform Transfers to Minor's Act (FUTMA) - ✔✔Applies to transfers made
under the Act, if the transferor, a minor, or custodian, is a Florida Resident, or the
property is located in Florida
- Person designating a minor as recipient of property transferable upon occurrence of
future event may revocably nominate a custodian to receive the property for the minor
FUTMA Avenues - ✔✔Will, Trust, Deed, Instrument exercising power of appointment,
or Writing designating a beneficiary
Custodianship - ✔✔Gives custodian power to borrow, contract, & invest "in the best
interest of the minor."
Katelyn Whitman, All Rights Reserved © 2025 3
