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FLORIDA PROFESSIONAL GUARDIANSHIP EXAM Practice Questions (200
Q&A) with Detailed Rationales
SECTION 1: INTRODUCTION & TYPES OF GUARDIANSHIP
1. In Florida, guardianship is governed primarily by:
A. Chapter 744, Florida Statutes
B. Chapter 393, Florida Statutes
C. Chapter 731, Florida Statutes
D. Chapter 400, Florida Statutes
Answer: A
Rationale: Florida guardianship law is found in Chapter 744,
Florida Statutes.
2. The primary purpose of guardianship is to:
A. Protect the rights and property of persons who lack capacity
to manage their own affairs
B. Punish persons who are incapacitated
C. Restrict the rights of all elderly persons
D. Allow family members to control an estate
Answer: A
Rationale: Guardianship is a protective proceeding for
incapacitated persons.
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3. A plenary guardian has:
A. All powers that the ward would have if not incapacitated, as
determined by the court
B. Only financial powers
C. Only medical powers
D. No powers over property
Answer: A
Rationale: A plenary guardian may exercise all delegable legal
rights and powers of the ward.
4. A limited guardian is appointed when:
A. The ward retains some capacity and the court removes only
specific rights
B. The ward is a minor
C. The ward has no assets
D. The ward is dying
Answer: A
Rationale: Limited guardianship is the least restrictive form,
removing only specified rights.
5. An emergency temporary guardian may be appointed when:
A. There is an imminent danger to the person or property of the
alleged incapacitated person
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B. The ward requests one
C. A family member wants control
D. The court is closed
Answer: A
Rationale: Emergency temporary guardians are appointed in
emergency situations with immediate danger.
6. A guardian advocate is a proceeding that may be used for
persons with:
A. Developmental disabilities who need limited assistance
B. Serious mental illness only
C. No assets
D. All elderly persons
Answer: A
Rationale: Guardian advocacy is a simplified process for persons
with developmental disabilities.
7. Voluntary guardianship may be established for:
A. A competent person who voluntarily petitions the court for
appointment of a guardian for their property
B. Any person without consent
C. Only minors
D. Only persons with mental illness
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Answer: A
Rationale: A voluntary guardianship requires the person's
voluntary petition.
8. Which of the following is NOT a type of guardianship in
Florida?
A. Plenary guardianship
B. Limited guardianship
C. Guardian advocate
D. Criminal guardianship
Answer: D
Rationale: Florida has plenary, limited, emergency temporary,
guardian advocate, and voluntary guardianship, but not
"criminal guardianship."
9. The least restrictive alternative principle requires courts to:
A. Use the least restrictive form of guardianship that meets the
person's needs
B. Always appoint a plenary guardian
C. Avoid guardianship unless there is no estate
D. Appoint a guardian only for minors
Answer: A
Rationale: Florida law requires the least restrictive alternative.
FLORIDA PROFESSIONAL GUARDIANSHIP EXAM Practice Questions (200
Q&A) with Detailed Rationales
SECTION 1: INTRODUCTION & TYPES OF GUARDIANSHIP
1. In Florida, guardianship is governed primarily by:
A. Chapter 744, Florida Statutes
B. Chapter 393, Florida Statutes
C. Chapter 731, Florida Statutes
D. Chapter 400, Florida Statutes
Answer: A
Rationale: Florida guardianship law is found in Chapter 744,
Florida Statutes.
2. The primary purpose of guardianship is to:
A. Protect the rights and property of persons who lack capacity
to manage their own affairs
B. Punish persons who are incapacitated
C. Restrict the rights of all elderly persons
D. Allow family members to control an estate
Answer: A
Rationale: Guardianship is a protective proceeding for
incapacitated persons.
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3. A plenary guardian has:
A. All powers that the ward would have if not incapacitated, as
determined by the court
B. Only financial powers
C. Only medical powers
D. No powers over property
Answer: A
Rationale: A plenary guardian may exercise all delegable legal
rights and powers of the ward.
4. A limited guardian is appointed when:
A. The ward retains some capacity and the court removes only
specific rights
B. The ward is a minor
C. The ward has no assets
D. The ward is dying
Answer: A
Rationale: Limited guardianship is the least restrictive form,
removing only specified rights.
5. An emergency temporary guardian may be appointed when:
A. There is an imminent danger to the person or property of the
alleged incapacitated person
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B. The ward requests one
C. A family member wants control
D. The court is closed
Answer: A
Rationale: Emergency temporary guardians are appointed in
emergency situations with immediate danger.
6. A guardian advocate is a proceeding that may be used for
persons with:
A. Developmental disabilities who need limited assistance
B. Serious mental illness only
C. No assets
D. All elderly persons
Answer: A
Rationale: Guardian advocacy is a simplified process for persons
with developmental disabilities.
7. Voluntary guardianship may be established for:
A. A competent person who voluntarily petitions the court for
appointment of a guardian for their property
B. Any person without consent
C. Only minors
D. Only persons with mental illness
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Answer: A
Rationale: A voluntary guardianship requires the person's
voluntary petition.
8. Which of the following is NOT a type of guardianship in
Florida?
A. Plenary guardianship
B. Limited guardianship
C. Guardian advocate
D. Criminal guardianship
Answer: D
Rationale: Florida has plenary, limited, emergency temporary,
guardian advocate, and voluntary guardianship, but not
"criminal guardianship."
9. The least restrictive alternative principle requires courts to:
A. Use the least restrictive form of guardianship that meets the
person's needs
B. Always appoint a plenary guardian
C. Avoid guardianship unless there is no estate
D. Appoint a guardian only for minors
Answer: A
Rationale: Florida law requires the least restrictive alternative.
