Guardianship state review exam
Questions and Answers 100% Correct
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
Questions and Answers 100% Correct
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
