Guardianship state review Questions & Answers(GRADED 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 capacity. -the ward will receive notice of petitions and reports because there is assumed some degree of capacity under a limited guardianship Standby guardian -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 -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 -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 -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 -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 -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 -ANSWER 744.702 -Public guardian is established to take on indigent cases Pro bono work -ANSWER for free Foreign guardian -ANSWER 744.306 -when the residence of a ward of a foreign guardian (one appointed as guardian in another state) is moved to this stated -foreign guardian must, within 60 days file the authenticated order Resident guardian of the property of a non-resident ward -ANSWER 744.308 -Court may appoint a person qualified under 744.309 as guardian of a nonresident ward's property upon the petition of a foreign guardian, next of kin, or creditor Successor guardian -ANSWER 744.471 - successor guardian will be appointed if a guardian is removed, becomes incapacitated, or dies. Surrogate guardian -ANSWER 744.442 a guardian may designate a surrogate guardian to exercise the powers of the guardian if the guardian is unavailable to act, perhaps due to illness or an extended vacation -surrogate guardian may not exceed 30 days co-guardianships -ANSWER all guardians must agree and sign guardianship reports - not uncommon for two separate guardians to be appointed; one for property and one for person guardianship of minors -ANSWER 744.3021 in any case where a minor is a beneficiary under a Will orcas a claim for personal injury, property damage, or wrongful death in which gross settlement for the claim of the minor equals or exceeds 15k. court may appoint guardian ad litem to represent minor's interest. Role the guardian -ANSWER -advocate for the ward -surrogate decision-maker -coordinator and monitor of services -financial planner and asset manager Role of the courts -ANSWER -appointing counsel to represent alleged incapacitated person -presiding at the adjudicatory hearing and making determination of capacity -reviewing and approving guardianship initial and annual reports -adjudicating claims and lawsuits related to guardianship matters -monitoring the conduct of guardians Initial/Annual guardian plans -ANSWER Clerk's office has 30 days to complete the review once it has been filed and 90 days from the date of filing to complete the review. Role of attorneys -ANSWER -To represent alleged incapacitated persons during proceedings -Last duty is to review initial plan and inventory then they are dismissed -Known as Attorney of Record Initial report -ANSWER Guardian is required to file an initial guardian plan within 60 days after the LOGs have been signed Annual guardian plan -ANSWER Guardian must file a report within 90 days after the end of the reporting year that lists the ward's residences during the year, medical treatment provided, and if the guardian will request restoration of any rights. Parens Patriae has given rise to the states' authority to intervene in an individual's life in order to protect the person from harming himself or others in the following ways... -ANSWER - guardianship -Baker Act -Protective services -Involuntary treatment for substance abuse or mental illness Laws governing guardianship may only be amended or changed by -ANSWER the FL Legislature Each Judicial circuit may impose its own rules and policies in addition to state law... -ANSWER True FL Guardianship laws are found in F.S. Chapter -ANSWER 744 Roles NOT appropriate for a guardian to fill -ANSWER -surrogate family -caregiver -therapist -re-former -companion -warden or savior The state of FL ------- recognize and accept an order Adjudicating incapacity that was filed in another state -ANSWER DOES accept A plenary guardian means.... -ANSWER All delegable rights have been removed. 4 major roles of guardian are -ANSWER -advocate for ward -surrogate decision-maker -Administer and monitor services -financial planner/asset manager A minor's guardianship will be established when a child under the age of 18 receives funds as a result of -ANSWER -inheritance or lawsuit that exceeds $15k 2 major requirements to establish a voluntary guardianship are that the proposed ward must be -ANSWER -competent and want a guardian A Veteran's guardianship is established to manage only... -ANSWER -VA funds or anything derived from those funds An example of a corporate guardian is.... -ANSWER -Catholic charities -Luteran ministries program Public guardians are appointed primarily for what kind of cases? -ANSWER indigent and/or when there is nobody else to serve Surrogate guardian may be appointed when the regular guardian is -ANSWER -unable to serve due to illness or on an extended vacation and unable to be reached The authority of a surrogate guardian is good for how many days? -ANSWER 30 -unless extended if court approves