FLORIDA GUARDIANSHIP EXAMINATION SET
QUESTIONS AND ANSWERS SURE A+
✔✔What is the time frame for filing objections to a petition for discharge? -
✔✔Interested persons have 30 days to file objections.
✔✔What happens if a notice of hearing is not served within 90 days of filing an
objection? - ✔✔The objection is deemed abandoned.
✔✔When can a guardian be discharged? - ✔✔A guardian may not be discharged until
all objections are resolved, withdrawn, or abandoned, and the guardian has fully
distributed assets and completed all duties.
✔✔What are the ongoing judicial supervision requirements for Florida guardianships? -
✔✔Florida guardianships require initial reports, annual guardianship reports, and final
discharge proceedings.
✔✔What is required for a guardian to move a ward out of state or to a non-adjacent
county in Florida? - ✔✔A guardian must obtain court approval.
✔✔What are the distinctions between Florida guardianship chapters? - ✔✔Florida law
distinguishes between Chapter 744 (incapacity-based guardianship), Chapter 393
(developmental disability—guardian advocate), Chapter 415 (protective services), and
Chapter 825 (criminal penalties for abuse/exploitation).
✔✔What jurisdiction do Florida courts have regarding alleged incapacitated persons? -
✔✔Florida courts may exercise jurisdiction where the alleged incapacitated person
resides or is physically present.
✔✔What is 'granny napping' in guardianship proceedings? - ✔✔Granny napping refers
to moving a vulnerable adult to another jurisdiction to influence guardianship
proceedings.
,✔✔What are the qualifications for a guardian under Florida Statutes § 744.309? - ✔✔A
guardian must be a qualified adult, at least 18 years old, and either a Florida resident or
a related nonresident without disqualifications.
✔✔What must a guardian complete before exercising authority? - ✔✔A guardian must
complete guardianship education, background screening, and take an oath.
✔✔What must a petition for guardian or attorney fees include? - ✔✔An itemized
description of services, the period covered, prior fees paid, and the amount requested.
✔✔What is required when an attorney also serves as a guardian regarding fees? -
✔✔The court must distinguish between legal services and guardian services and
ensure no conflict of interest exists.
✔✔Can the court determine the reasonableness of guardian or attorney fees without
expert testimony? - ✔✔Yes, the court may determine reasonableness without expert
testimony.
✔✔What does Section 744.108 apply to? - ✔✔It applies to guardians and attorneys
serving in Chapter 744 guardianships, not to Chapter 393 guardian advocates.
✔✔What creates standing in a guardianship proceeding? - ✔✔A person has standing
only if a statute or probate rule entitles them to notice or authorizes them to object.
✔✔Can an interested person lose standing in a guardianship proceeding? - ✔✔Yes, a
family member may lose standing if they interfere with the guardianship or act contrary
to the ward's welfare.
✔✔What does standing in guardianship depend on? - ✔✔The type of proceeding.
✔✔Can a family guardian be compensated for their services? - ✔✔Yes, if the services
are necessary, documented, and comparable to professional guardian work.
✔✔What happens if no incapacity adjudication occurs? - ✔✔No guardian or attorney
fees can be paid from the alleged incapacitated person's estate.
✔✔Can a guardian use a ward's joint account after their death? - ✔✔Yes, for necessary
guardianship expenses.
✔✔Is a separate showing of benefit to the ward required for a court-appointed attorney
to receive fees? - ✔✔No, but benefit may affect the amount awarded.
✔✔Can a guardianship court reduce excessive fees on its own? - ✔✔Yes, it has an
independent duty to protect the ward's estate.
, ✔✔Can an attorney recover fees for collecting previously awarded guardianship fees? -
✔✔Yes, if the fees are reasonable and necessary.
✔✔What can attorneys and professional guardians be disciplined for? - ✔✔Excessive
fees, acting beyond authority, lack of diligence, conflicts of interest, or prejudicial
conduct.
✔✔What does Chapter 415 authorize? - ✔✔DCF/Adult Protective Services to
investigate reports of abuse, neglect, or exploitation of vulnerable adults.
✔✔What defines a vulnerable adult? - ✔✔A person 18 or older with impaired ability to
perform daily activities due to various limitations.
✔✔What is the difference between Chapter 415 and Chapter 744? - ✔✔Chapter 415 is
for protective services, while Chapter 744 is for guardianship after incapacity is proven.
✔✔What does Chapter 825 address? - ✔✔Criminal and civil remedies for abuse,
neglect, and exploitation of elderly or disabled persons.
✔✔What is required by Florida law regarding suspected abuse of vulnerable adults? -
✔✔It must be reported to the abuse hotline, with immunity for good faith reporters.
✔✔Can a vulnerable adult refuse protective services under Chapter 415? -
✔✔Generally, unless they lack capacity to consent.
✔✔What is necessary for non-emergency protective services? - ✔✔Court authority
when there is reasonable cause to believe a vulnerable adult needs protection.
✔✔When can emergency protective services be ordered? - ✔✔When there is
reasonable cause to believe a vulnerable adult is in immediate danger.
✔✔What can testimony from a Chapter 415 hearing be used for? - ✔✔As admissible
evidence in related abuse, exploitation, or guardianship matters.
✔✔What constitutes exploitation in a fiduciary relationship? - ✔✔Misuse of authority for
someone else's benefit rather than the vulnerable adult's care.
✔✔What must a fiduciary do when selling a vulnerable adult's property? - ✔✔Use the
proceeds for the adult's benefit and may require court approval.
✔✔What supports a finding of undue influence? - ✔✔Pressure or manipulation by a
trusted person on a vulnerable adult.
QUESTIONS AND ANSWERS SURE A+
✔✔What is the time frame for filing objections to a petition for discharge? -
✔✔Interested persons have 30 days to file objections.
✔✔What happens if a notice of hearing is not served within 90 days of filing an
objection? - ✔✔The objection is deemed abandoned.
✔✔When can a guardian be discharged? - ✔✔A guardian may not be discharged until
all objections are resolved, withdrawn, or abandoned, and the guardian has fully
distributed assets and completed all duties.
✔✔What are the ongoing judicial supervision requirements for Florida guardianships? -
✔✔Florida guardianships require initial reports, annual guardianship reports, and final
discharge proceedings.
✔✔What is required for a guardian to move a ward out of state or to a non-adjacent
county in Florida? - ✔✔A guardian must obtain court approval.
✔✔What are the distinctions between Florida guardianship chapters? - ✔✔Florida law
distinguishes between Chapter 744 (incapacity-based guardianship), Chapter 393
(developmental disability—guardian advocate), Chapter 415 (protective services), and
Chapter 825 (criminal penalties for abuse/exploitation).
✔✔What jurisdiction do Florida courts have regarding alleged incapacitated persons? -
✔✔Florida courts may exercise jurisdiction where the alleged incapacitated person
resides or is physically present.
✔✔What is 'granny napping' in guardianship proceedings? - ✔✔Granny napping refers
to moving a vulnerable adult to another jurisdiction to influence guardianship
proceedings.
,✔✔What are the qualifications for a guardian under Florida Statutes § 744.309? - ✔✔A
guardian must be a qualified adult, at least 18 years old, and either a Florida resident or
a related nonresident without disqualifications.
✔✔What must a guardian complete before exercising authority? - ✔✔A guardian must
complete guardianship education, background screening, and take an oath.
✔✔What must a petition for guardian or attorney fees include? - ✔✔An itemized
description of services, the period covered, prior fees paid, and the amount requested.
✔✔What is required when an attorney also serves as a guardian regarding fees? -
✔✔The court must distinguish between legal services and guardian services and
ensure no conflict of interest exists.
✔✔Can the court determine the reasonableness of guardian or attorney fees without
expert testimony? - ✔✔Yes, the court may determine reasonableness without expert
testimony.
✔✔What does Section 744.108 apply to? - ✔✔It applies to guardians and attorneys
serving in Chapter 744 guardianships, not to Chapter 393 guardian advocates.
✔✔What creates standing in a guardianship proceeding? - ✔✔A person has standing
only if a statute or probate rule entitles them to notice or authorizes them to object.
✔✔Can an interested person lose standing in a guardianship proceeding? - ✔✔Yes, a
family member may lose standing if they interfere with the guardianship or act contrary
to the ward's welfare.
✔✔What does standing in guardianship depend on? - ✔✔The type of proceeding.
✔✔Can a family guardian be compensated for their services? - ✔✔Yes, if the services
are necessary, documented, and comparable to professional guardian work.
✔✔What happens if no incapacity adjudication occurs? - ✔✔No guardian or attorney
fees can be paid from the alleged incapacitated person's estate.
✔✔Can a guardian use a ward's joint account after their death? - ✔✔Yes, for necessary
guardianship expenses.
✔✔Is a separate showing of benefit to the ward required for a court-appointed attorney
to receive fees? - ✔✔No, but benefit may affect the amount awarded.
✔✔Can a guardianship court reduce excessive fees on its own? - ✔✔Yes, it has an
independent duty to protect the ward's estate.
, ✔✔Can an attorney recover fees for collecting previously awarded guardianship fees? -
✔✔Yes, if the fees are reasonable and necessary.
✔✔What can attorneys and professional guardians be disciplined for? - ✔✔Excessive
fees, acting beyond authority, lack of diligence, conflicts of interest, or prejudicial
conduct.
✔✔What does Chapter 415 authorize? - ✔✔DCF/Adult Protective Services to
investigate reports of abuse, neglect, or exploitation of vulnerable adults.
✔✔What defines a vulnerable adult? - ✔✔A person 18 or older with impaired ability to
perform daily activities due to various limitations.
✔✔What is the difference between Chapter 415 and Chapter 744? - ✔✔Chapter 415 is
for protective services, while Chapter 744 is for guardianship after incapacity is proven.
✔✔What does Chapter 825 address? - ✔✔Criminal and civil remedies for abuse,
neglect, and exploitation of elderly or disabled persons.
✔✔What is required by Florida law regarding suspected abuse of vulnerable adults? -
✔✔It must be reported to the abuse hotline, with immunity for good faith reporters.
✔✔Can a vulnerable adult refuse protective services under Chapter 415? -
✔✔Generally, unless they lack capacity to consent.
✔✔What is necessary for non-emergency protective services? - ✔✔Court authority
when there is reasonable cause to believe a vulnerable adult needs protection.
✔✔When can emergency protective services be ordered? - ✔✔When there is
reasonable cause to believe a vulnerable adult is in immediate danger.
✔✔What can testimony from a Chapter 415 hearing be used for? - ✔✔As admissible
evidence in related abuse, exploitation, or guardianship matters.
✔✔What constitutes exploitation in a fiduciary relationship? - ✔✔Misuse of authority for
someone else's benefit rather than the vulnerable adult's care.
✔✔What must a fiduciary do when selling a vulnerable adult's property? - ✔✔Use the
proceeds for the adult's benefit and may require court approval.
✔✔What supports a finding of undue influence? - ✔✔Pressure or manipulation by a
trusted person on a vulnerable adult.
