Florida Guardianship State Test-General Study Guide Graded A 2024

What actions of a guardian do NOT require court approval? 1. Retain assets owned by ward 2. Receive assets 3. Vote securities 4. Insure assets; insure self against liability 5. Pay taxes/assessments on ward's property 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 disburses fees/assessments, processes and maintains court documents, and audits reports of guardians? The Clerk of the Court What is the definition of a guardian? A person appointed by the court to act on behalf of a ward's person, property, or both. What is the intent of Chapter 744? To allow the incapacitated person to participate in decisions as much as possible. Guardianship is the choice of _____ _____, to establish the ____ ______ means of protection and supervision. last resort; least restrictive What is always a part of the guardianship plan? Restoration of rights What are the two broad categories of guardianship? Public and Private What are the two types of private guardians? Professional and nonprofessional What type of guardian is appointed after the petition to determine capacity but before a permanent guardian is appointed? Emergency Temporary Guardian How long does an ETG's authority last? 90 days or until a guardian is appointed When must an ETG file a final report? 30 days after the expiration of the guardianship In what year was limited guardianship instituted in Florida? 1989 What is the definition of a limited guardianship? The court must find the ward lacks capacity to do some, but not all, tasks to care for his/her person or property. The guardian exercises only the rights specifically delegated by the court. What rights does a plenary guardian exercise? All the ward's delegable rights. What is a standby guardian? The current guardian petitions for someone to assume guardianship duties upon death or adjudication of incapacity of last surviving natural or appointed guardian. What is a VA Guardianship? Guardianship for wards entitled to receive veterans' benefits. In the event of a conflict between general guardianship law and Veteran's Guardianship law, which one prevails? Veteran's Guardianship law Who are natural guardians? Parents If parents divorce, to whom does guardianship go? The parent awarded custody of the child. If joint custody, both are guardians. When might guardianship of a minor occur? When parents are injured/incapacitated; when single parent healthy but unavailable (e.g. on active military duty) Guardianship for a minor is a _________ guardianship. plenary A legal guardianship for a minor is required if the minor receives a settlement of over ____________. $15,000 This type of guardianship is a written declaration (also signed by two witnesses) by a competent adult naming a guardian in the event of incapacity. Pre-need guardianship What kind of guardian is appointed for a ward who moves to another state or country? A foreign guardian. In Florida, a foreign guardian must file an order of appointment with the clerk of court in the county of the ward's residence within how many days? 60 What is a resident guardian of a non-resident ward's property? One who handles property in Florida when the ward resides in another state What is a voluntary guardianship? A guardianship where the ward is mentally competent but incapable of managing their estate because of age or physical infirmity. Created without adjudication 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 a patient found incompetent to consent to treatment under the Florida Mental Health Law. guardian advocate for the mentally ill The Florida Mental Health Law is also known as the Baker Act The Developmental Disabilities Prevention and Community Services Act is in what part of the guardianship statutes? Chapter 393 What kind of guardian is appointed to represent a person with developmental disabilities? A guardian advocate What type of guardianship allows relatives or other responsible adults to consent to treatment and advocate for a child who born to a drug-dependent mother?