PROFESSIONAL GUARDIANSHIP STATE OF
FLORIDA QUESTIONS AND ANSWERS
Parents patriate is a Latin term that translates to - CORRECT ANSWER-King as father
parents of the country
The concept of Prince Porte 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 - CORRECT ANSWER-Guardianship or conservatorship. Baker act.
Protective services for children or adults. Involuntary treatment for substance abuse or
mental illness.
Who can amend or change the laws governing guardianship. - CORRECT ANSWER-
The Florida legislature
What court may impose its own rules and policies in addition to state law. - CORRECT
ANSWER-Each judicial circuit
Florida statute 744 - CORRECT ANSWER-Florida statute 744 are where the Florida
guardianship laws are found
Roles that are not appropriate for a guardian to fill are - CORRECT ANSWER-Therapist
reformer surrogate family caregiver companion warden
Define Plenary guardianship - CORRECT ANSWER-Plenary guardianship means that
all delegable rights have been removed
The guardian has four major roles. What are they - CORRECT ANSWER-Surrogate
decision maker, advocate for the ward, administrator and monitor services, and financial
planner /asset manager
A proposed ward must be Mentally competent and wants a guardian. These are two
major requirements to establish what type of guardianship. - CORRECT ANSWER-
Voluntary guardianship
Define veteran’s guardianship - CORRECT ANSWER-A veteran’s guardianship is
established to manage only VA funds or anything derived from those funds.
Catholic charities and or Lutheran ministries or what type of guardian? - CORRECT
ANSWER-Corporate guardian
,Public guardians are appointed primarily for what kind of cases? - CORRECT
ANSWER-Indigent and for whom there is no one else to serve.
When would a surrogate guardian be appointed? - CORRECT ANSWER-Surrogate
guardian may be appointed when the regular guardian is unable to act due to illness or
an extended vacation or unable to be reached.
How long is a surrogate guardian’s authority good for? - CORRECT ANSWER-
Surrogate guardian is good for 30 days but may be extended if the court approves.
Define fiduciary - CORRECT ANSWER-Fiduciary is defined as a person who occupies
a position of trust and acts in the best interest of another person.
If the ward wishes to express his religious beliefs the guardian should? - CORRECT
ANSWER-Help the ward to do so
What is the advantage of preparing a form designating a preneed guardian? -
CORRECT ANSWER-The person may choose who he wants to be his guardian. This
must be done prior to incapacitation.
Durable power of attorney or DPOA. - CORRECT ANSWER-Durable power of attorney
must be signed by a person who is mentally competent. The difference between a
DPOA & POA is the DPOA goes on after death. Dopant POA are trumped by
guardianship.
What can happen if you add a cosigner to a bank account? - CORRECT ANSWER-
Potential tax liens, may disqualify person for public benefits and cosigner can clean out
the account
A durable power of attorney or health care surrogate cannot do what? - CORRECT
ANSWER-DPOA or HCS cannot enforce medical decisions or enforce placement if the
principle is unwilling.
Who audits the Guardian reports? - CORRECT ANSWER-Clerk of the courts
Three key components to informed consent. What are they? - CORRECT ANSWER-
Full disclosure of all the issues, capacity to understand the information provided, and
the ability to make the decision without coercion or force.
, Best interest. - CORRECT ANSWER-When a decision is based on best interest the
guardian should obtain independent professional opinions in writing.
Substituted judgment - CORRECT ANSWER-A guardian should learn how the ward
handled his or her affairs prior to becoming incapacitated so that the guardian will be
able to make decisions for the word based on the principle of substituted judgment.
The principle of best interest - CORRECT ANSWER-If the guardian is unable to
determine what the ward would have done or decided on a particular issue, the
guardian must make the decision based on the principle of best interest. Best interest
should obtain independent professional opinions in writing.
The concept of least restrictive alternative means? - CORRECT ANSWER-The
guardian will choose the option that allows the ward least restriction while maintaining
safety and protection.
Durable power of attorney, healthcare surrogate, living trust, and co-owner of a joint
account. The individual must be what in order to set up these pre-incapacity
instruments. - CORRECT ANSWER-Capacitated. Or competent
What rights does the ward have with voluntary guardianship? - CORRECT ANSWER-
The right to review and receive guardian reports, the petitions, or other petitions. The
ward may also terminate the guardianship at any time.
Case management and guardianship of a person are similar except that the guardian
cannon force? - CORRECT ANSWER-The guardian can enforce compliance with
medication and placement while a case manager cannot.
What kind of a trust can an individual set up to avoid guardianship and probate of his or
her estate? - CORRECT ANSWER-Living trust
What does a healthcare surrogate not have the authority to do? - CORRECT ANSWER-
A health care surrogate does not have the authority to place the patient into a facility if
the patient is refusing to go there and to force medical treatment upon the patient if he
or she refuses
Why would the guardian want to review advance directives even if they are not in
effect? - CORRECT ANSWER-There may be an indication of the words wishes, that will
give guidance on the principle of substituted judgment
FLORIDA QUESTIONS AND ANSWERS
Parents patriate is a Latin term that translates to - CORRECT ANSWER-King as father
parents of the country
The concept of Prince Porte 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 - CORRECT ANSWER-Guardianship or conservatorship. Baker act.
Protective services for children or adults. Involuntary treatment for substance abuse or
mental illness.
Who can amend or change the laws governing guardianship. - CORRECT ANSWER-
The Florida legislature
What court may impose its own rules and policies in addition to state law. - CORRECT
ANSWER-Each judicial circuit
Florida statute 744 - CORRECT ANSWER-Florida statute 744 are where the Florida
guardianship laws are found
Roles that are not appropriate for a guardian to fill are - CORRECT ANSWER-Therapist
reformer surrogate family caregiver companion warden
Define Plenary guardianship - CORRECT ANSWER-Plenary guardianship means that
all delegable rights have been removed
The guardian has four major roles. What are they - CORRECT ANSWER-Surrogate
decision maker, advocate for the ward, administrator and monitor services, and financial
planner /asset manager
A proposed ward must be Mentally competent and wants a guardian. These are two
major requirements to establish what type of guardianship. - CORRECT ANSWER-
Voluntary guardianship
Define veteran’s guardianship - CORRECT ANSWER-A veteran’s guardianship is
established to manage only VA funds or anything derived from those funds.
Catholic charities and or Lutheran ministries or what type of guardian? - CORRECT
ANSWER-Corporate guardian
,Public guardians are appointed primarily for what kind of cases? - CORRECT
ANSWER-Indigent and for whom there is no one else to serve.
When would a surrogate guardian be appointed? - CORRECT ANSWER-Surrogate
guardian may be appointed when the regular guardian is unable to act due to illness or
an extended vacation or unable to be reached.
How long is a surrogate guardian’s authority good for? - CORRECT ANSWER-
Surrogate guardian is good for 30 days but may be extended if the court approves.
Define fiduciary - CORRECT ANSWER-Fiduciary is defined as a person who occupies
a position of trust and acts in the best interest of another person.
If the ward wishes to express his religious beliefs the guardian should? - CORRECT
ANSWER-Help the ward to do so
What is the advantage of preparing a form designating a preneed guardian? -
CORRECT ANSWER-The person may choose who he wants to be his guardian. This
must be done prior to incapacitation.
Durable power of attorney or DPOA. - CORRECT ANSWER-Durable power of attorney
must be signed by a person who is mentally competent. The difference between a
DPOA & POA is the DPOA goes on after death. Dopant POA are trumped by
guardianship.
What can happen if you add a cosigner to a bank account? - CORRECT ANSWER-
Potential tax liens, may disqualify person for public benefits and cosigner can clean out
the account
A durable power of attorney or health care surrogate cannot do what? - CORRECT
ANSWER-DPOA or HCS cannot enforce medical decisions or enforce placement if the
principle is unwilling.
Who audits the Guardian reports? - CORRECT ANSWER-Clerk of the courts
Three key components to informed consent. What are they? - CORRECT ANSWER-
Full disclosure of all the issues, capacity to understand the information provided, and
the ability to make the decision without coercion or force.
, Best interest. - CORRECT ANSWER-When a decision is based on best interest the
guardian should obtain independent professional opinions in writing.
Substituted judgment - CORRECT ANSWER-A guardian should learn how the ward
handled his or her affairs prior to becoming incapacitated so that the guardian will be
able to make decisions for the word based on the principle of substituted judgment.
The principle of best interest - CORRECT ANSWER-If the guardian is unable to
determine what the ward would have done or decided on a particular issue, the
guardian must make the decision based on the principle of best interest. Best interest
should obtain independent professional opinions in writing.
The concept of least restrictive alternative means? - CORRECT ANSWER-The
guardian will choose the option that allows the ward least restriction while maintaining
safety and protection.
Durable power of attorney, healthcare surrogate, living trust, and co-owner of a joint
account. The individual must be what in order to set up these pre-incapacity
instruments. - CORRECT ANSWER-Capacitated. Or competent
What rights does the ward have with voluntary guardianship? - CORRECT ANSWER-
The right to review and receive guardian reports, the petitions, or other petitions. The
ward may also terminate the guardianship at any time.
Case management and guardianship of a person are similar except that the guardian
cannon force? - CORRECT ANSWER-The guardian can enforce compliance with
medication and placement while a case manager cannot.
What kind of a trust can an individual set up to avoid guardianship and probate of his or
her estate? - CORRECT ANSWER-Living trust
What does a healthcare surrogate not have the authority to do? - CORRECT ANSWER-
A health care surrogate does not have the authority to place the patient into a facility if
the patient is refusing to go there and to force medical treatment upon the patient if he
or she refuses
Why would the guardian want to review advance directives even if they are not in
effect? - CORRECT ANSWER-There may be an indication of the words wishes, that will
give guidance on the principle of substituted judgment
