Guardianship state review 2025 Actual exam
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Florida Guardianship 744
Chapter
Total loss of rights of a person; Guardian can make
Plenary Guardianship
all decisions regarding healthcare, and financial
Incompetency was Incapacity
replaced by...
1- over the age of 18
2- no felony charges
Qualifications to serve as 3- not a service provider
a guardian.... 4- never charged with abuse, abandonment, or
neglect
5- not a creditor
Qualifications Florida 744.309
Statute
Criminal investigation 744.3135
statute
guardians, including all of their employees that have
a fiduciary responsibility to the guardian's wards
Criminal investigation undergo LEVEL 2 criminal investigations initially,
statute terms then every 5 years. It is completed VIA Electronic
fingerprinting . A LEVEL 1 must be conducted every
2 years
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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
Blanket Fiduciary Bond
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
Each guardian must register with the OPPG, formally
SPGO. you need:
1- completion of 40-hour course
Registration 2- letter indicating passage of state exam
3- copy of 50,000 blanket bond
4- credit history report
5- check for registration fee- $35
"King as Father"- responsibility and protection and
Parens Patrie care for the mentally disabled person with the King.
Current practices recognize the state as the "Father".
394.4598
Guardian Advocate for -Persona appointed to make medical and mental
mentally ill health decisions for an individual who has been
hospitalized under FS 394
Appoints guardian for people who have
developmental disabilities. Once appointed, the
Guardian Advocate guardian advocate is governed by FS 744 and must
abide by same requirements as other court
appointed guardians
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
Pre-need guardian
court
- Within 20 days after assuming duties, the preneed
guardian must petition the court for confirmation of
appointment
744.301
-Mother and father
Natural Guardian
-Or parent who holds sole custody
-Or mother who gave birth out of wedlock
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744.341
-petition for appointment of a guardian must be
Voluntary Guardian accompanied by a certificate of licensed physician
specifying he or she has examined the petitioner
and that the petitioner is competent to understand
- receive copies of initial and annual reports
Advantages for ward -approve or disapprove actions of guardian
under voluntary -approve or disapprove of guardian fees
guardianship -terminate the guardianship at any time as long as
he or she is competent
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.
Emergency Temporary
-court must find there appears to be imminent
Guardianship
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
744.102
Plenary Guardianship -guardian can exercise all delegable legal rights
and powers
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
Limited guardianship
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
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744.304
-given the power to serve as guardian in the event
Standby guardian the currently serving guardian dies or becomes
incapacitated himself.
-Allows for continuity of care of the ward
744.602
-Veterans Administration may determine that a
person who is receiving a veteran's pension is not
Veterans guardianship 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
744.613
-Veteran's Guardianship is over ward's property only,
Appointment of VA so initial and annual plans are not required
Guardian -However, if the ward has also been adjudicated as
being incapacitated through the court, then initial
and annual plans must be completed
744.621
-guardian must file with the circuit court and
Inventory of Ward's
veteran's administration an inventory of the ward's
property
property within 30 days
-failing to submit initial = discharge of guardian
-must not exceed 5% of the VA income of the ward
during any year
Guardian compensation -Attorney's fees for filing the petition and
conducting proceedings shall be fixed by the court
and not exceed $250
744.309
-Appointment of trust company, state bank, savings
association, or national bank or federal savings and
Corporate Guardian 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
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