Questions with Answers Graded A
Parents patriae is a Latin term that translates to -
ANSWER -King as father parents of the
country
The guardian has four major roles. What are they
- ANSWER -Surrogate decision maker,
advocate for the ward, administrator and monitor
The concept of Prince Porte has given rise to the services, and financial planner /asset manager
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 or A proposed ward must be Mentally competent
conservatorship. Baker act. Protective services and wants a guardian. These are two major
for children or adults. Involuntary treatment for requirements to establish what type of
substance abuse or mental illness. guardianship. - ANSWER -Voluntary
guardianship
Who can amend or change the laws governing
guardianship. - ANSWER -The Florida Define veterans guardianship - ANSWER -
legislature A veterans guardianship is established to
manage only VA funds or anything derived from
those funds.
What court may impose its own rules and
policies in addition to state law. -
ANSWER -Each judicial circuit Catholic charities and or Lutheran ministries or
what type of guardian? - ANSWER -
Corporate guardian
Florida statute 744 - ANSWER -Florida
statute 744 are where the Florida guardianship
laws are found Public guardians are appointed primarily for what
kind of cases? - ANSWER -Indigent and for
whom there is no one else to serve.
Roles that are not appropriate for a guardian to
fill are - ANSWER -Therapist reformer
surrogate family caregiver companion warden When would a surrogate guardian be appointed?
- ANSWER -Surrogate guardian may be
appointed when the regular guardian is unable to
act due to illness or an extended vacation or
Define Plenary guardianship - ANSWER - unable to be reached.
Plenary guardianship means that all delegable
rights have been removed
, Professional guardianship state of Florida Exam Test
Questions with Answers Graded A
How long is a surrogate guardians authority good A durable power of attorney or health care
for? - ANSWER -Surrogate guardian is surrogate cannot do what? - ANSWER -
good for 30 days but may be extended if the DPOA or HCS cannot enforce medical decisions
court approves. or enforce placement if the principle is unwilling.
Define fiduciary - ANSWER -Fiduciary is Who audits the Guardian reports? -
defined as a person who occupies a position of ANSWER -Clerk of the courts
trust and acts in the best interest of another
person.
Three key components to informed consent.
What are they? - ANSWER -Full disclosure
If the ward wishes to express his religious beliefs of all the issues, capacity to understand the
the guardian should? - ANSWER -Help the information provided, and the ability to make the
ward to do so decision without coercion or force.
What is the advantage of preparing a form Best interest. - ANSWER -When a decision
designating a preneed guardian? - is based on best interest the guardian should
ANSWER -The person may choose who he obtain independent professional opinions in
wants to be his guardian. This must be done writing.
prior to incapacitation.
Substituted judgment - ANSWER -A
Durable power of attorney or DPOA. - guardian should learn how the ward handled his
ANSWER -Durable power of attorney must or her affairs prior to becoming incapacitated so
be signed by a person who is mentally that the guardian will be able to make decisions
competent. The difference between a DPOA & for the word based on the principle of substituted
POA is the DPOA goes on after death. DPOAand judgment.
POA are trumped by guardianship.
The principle of best interest - ANSWER -If
What can happen if you add a cosigner to an the guardian is unable to determine what the
bank account? - ANSWER -Potential tax ward would have done or decided on a particular
liens, May disqualify person for public benefits issue, the guardian must make the decision
and cosigner can clean out the account based on the principle of best interest. Best
interest should obtain independent professional
opinions in writing.