Florida Guardianship State Test-General
1. Retain assets owned by ward
2. Receive assets
3. Vote securities
4. Insure assets; insure self against liabil-
ity
5. Pay taxes/assessments on ward's
What actions of a guardian do NOT re- property
quire court approval? 6. Pay valid encumbrances against
ward's property
7. Pay reasonable living expenses for
ward
8. Elect whether to dissent from will
9. Hold a security in name of nominee
w/o disclosure to ward
Who is an independent constitutional
elected officer, acts as a "check and
balance" in government, collects and
The Clerk of the Court
disburses fees/assessments, processes
and maintains court documents, and au-
dits reports of guardians?
A person appointed by the court to act
What is the definition of a guardian? on behalf of a ward's person, property, or
both.
To allow the incapacitated person to par-
What is the intent of Chapter 744?
ticipate in decisions as much as possible.
Guardianship is the choice of _____
_____, to establish the ____ ______ last resort; least restrictive
means of protection and supervision.
What is always a part of the guardianship
Restoration of rights
plan?
What are the two broad categories of
Public and Private
guardianship?
What are the two types of private
Professional and nonprofessional
guardians?
Emergency Temporary Guardian
, Florida Guardianship State Test-General
What type of guardian is appointed after
the petition to determine capacity but be-
fore a permanent guardian is appointed?
How long does an ETG's authority last? 90 days or until a guardian is appointed
30 days after the expiration of the
When must an ETG file a final report?
guardianship
In what year was limited guardianship
1989
instituted in Florida?
The court must find the ward lacks ca-
pacity to do some, but not all, tasks to
What is the definition of a limited
care for his/her person or property. The
guardianship?
guardian exercises only the rights specif-
ically delegated by the court.
What rights does a plenary guardian ex-
All the ward's delegable rights.
ercise?
The current guardian petitions for some-
one to assume guardianship duties upon
What is a standby guardian?
death or adjudication of incapacity of last
surviving natural or appointed guardian.
Guardianship for wards entitled to re-
What is a VA Guardianship?
ceive veterans' benefits.
In the event of a conflict between
general guardianship law and Veteran's Veteran's Guardianship law
Guardianship law, which one prevails?
Who are natural guardians? Parents
If parents divorce, to whom does The parent awarded custody of the child.
guardianship go? If joint custody, both are guardians.
When parents are injured/incapacitated;
When might guardianship of a minor oc-
when single parent healthy but unavail-
cur?
able (e.g. on active military duty)
Guardianship for a minor is a _________
plenary
guardianship.
$15,000
, Florida Guardianship State Test-General
A legal guardianship for a minor is re-
quired if the minor receives a settlement
of over ____________.
This type of guardianship is a written de-
claration (also signed by two witnesses)
Pre-need guardianship
by a competent adult naming a guardian
in the event of incapacity.
What kind of guardian is appointed for
a ward who moves to another state or A foreign guardian.
country?
In Florida, a foreign guardian must file
an order of appointment with the clerk
60
of court in the county of the ward's resi-
dence within how many days?
What is a resident guardian of a non-res- One who handles property in Florida
ident ward's property? when the ward resides in another state
A guardianship where the ward is men-
tally competent but incapable of manag-
ing their estate because of age or phys-
What is a voluntary guardianship? ical infirmity. Created without adjudica-
tion of incapacity. Physician certification
required showing ward understands the
nature of the guardianship.
A _____ ____ ____ ___ _____ ___ is
appointed by the court to make mental
health treatment decisions on behalf of
guardian advocate for the mentally ill
a patient found incompetent to consent
to treatment under the Florida Mental
Health Law.
The Florida Mental Health Law is also
the Baker Act
known as
The Developmental Disabilities Preven-
tion and Community Services Act is in Chapter 393
what part of the guardianship statutes?
A guardian advocate
1. Retain assets owned by ward
2. Receive assets
3. Vote securities
4. Insure assets; insure self against liabil-
ity
5. Pay taxes/assessments on ward's
What actions of a guardian do NOT re- property
quire court approval? 6. Pay valid encumbrances against
ward's property
7. Pay reasonable living expenses for
ward
8. Elect whether to dissent from will
9. Hold a security in name of nominee
w/o disclosure to ward
Who is an independent constitutional
elected officer, acts as a "check and
balance" in government, collects and
The Clerk of the Court
disburses fees/assessments, processes
and maintains court documents, and au-
dits reports of guardians?
A person appointed by the court to act
What is the definition of a guardian? on behalf of a ward's person, property, or
both.
To allow the incapacitated person to par-
What is the intent of Chapter 744?
ticipate in decisions as much as possible.
Guardianship is the choice of _____
_____, to establish the ____ ______ last resort; least restrictive
means of protection and supervision.
What is always a part of the guardianship
Restoration of rights
plan?
What are the two broad categories of
Public and Private
guardianship?
What are the two types of private
Professional and nonprofessional
guardians?
Emergency Temporary Guardian
, Florida Guardianship State Test-General
What type of guardian is appointed after
the petition to determine capacity but be-
fore a permanent guardian is appointed?
How long does an ETG's authority last? 90 days or until a guardian is appointed
30 days after the expiration of the
When must an ETG file a final report?
guardianship
In what year was limited guardianship
1989
instituted in Florida?
The court must find the ward lacks ca-
pacity to do some, but not all, tasks to
What is the definition of a limited
care for his/her person or property. The
guardianship?
guardian exercises only the rights specif-
ically delegated by the court.
What rights does a plenary guardian ex-
All the ward's delegable rights.
ercise?
The current guardian petitions for some-
one to assume guardianship duties upon
What is a standby guardian?
death or adjudication of incapacity of last
surviving natural or appointed guardian.
Guardianship for wards entitled to re-
What is a VA Guardianship?
ceive veterans' benefits.
In the event of a conflict between
general guardianship law and Veteran's Veteran's Guardianship law
Guardianship law, which one prevails?
Who are natural guardians? Parents
If parents divorce, to whom does The parent awarded custody of the child.
guardianship go? If joint custody, both are guardians.
When parents are injured/incapacitated;
When might guardianship of a minor oc-
when single parent healthy but unavail-
cur?
able (e.g. on active military duty)
Guardianship for a minor is a _________
plenary
guardianship.
$15,000
, Florida Guardianship State Test-General
A legal guardianship for a minor is re-
quired if the minor receives a settlement
of over ____________.
This type of guardianship is a written de-
claration (also signed by two witnesses)
Pre-need guardianship
by a competent adult naming a guardian
in the event of incapacity.
What kind of guardian is appointed for
a ward who moves to another state or A foreign guardian.
country?
In Florida, a foreign guardian must file
an order of appointment with the clerk
60
of court in the county of the ward's resi-
dence within how many days?
What is a resident guardian of a non-res- One who handles property in Florida
ident ward's property? when the ward resides in another state
A guardianship where the ward is men-
tally competent but incapable of manag-
ing their estate because of age or phys-
What is a voluntary guardianship? ical infirmity. Created without adjudica-
tion of incapacity. Physician certification
required showing ward understands the
nature of the guardianship.
A _____ ____ ____ ___ _____ ___ is
appointed by the court to make mental
health treatment decisions on behalf of
guardian advocate for the mentally ill
a patient found incompetent to consent
to treatment under the Florida Mental
Health Law.
The Florida Mental Health Law is also
the Baker Act
known as
The Developmental Disabilities Preven-
tion and Community Services Act is in Chapter 393
what part of the guardianship statutes?
A guardian advocate
