FLORIDA GUARDIANSHIP CORE 2026 REVIEW
QUESTIONS AND ANSWERS SURE A+
✔✔What is the consequence of a minor reaching the age of 18 regarding guardianship?
- ✔✔They gain control of their property and can withdraw funds or break structures
unless restricted.
✔✔What is the importance of annual physician certification in guardianship? - ✔✔It
ensures the ward remains competent throughout the guardianship.
✔✔What is the training requirement for a family guardian in Florida? - ✔✔A family
guardian must complete an 8-hour court-approved guardianship education course.
✔✔What is the difference in training hours between family and professional guardians in
Florida? - ✔✔Family guardians require 8 hours, while professional guardians require
approximately 40 hours.
✔✔What must a family guardian acknowledge through a filed certification? - ✔✔The
guardian must acknowledge the requirement to complete the 8-hour course.
✔✔What discretion does the court have regarding guardian training compliance? -
✔✔The court can enforce compliance but has discretion in how to do so.
✔✔What can happen if a guardian fails to complete their training? - ✔✔The court can
warn, order compliance, or remove the guardian.
✔✔Who can serve as a guardian under Florida Statutes § 744.309? - ✔✔Any adult who
is at least 18 years old and sui juris, excluding convicted felons or those with conflicts of
interest.
✔✔What is the court's preference when appointing a guardian according to Florida
Statutes § 744.312? - ✔✔The court must appoint a guardian in the best interests of the
ward, giving preference to relatives and experienced individuals.
,✔✔What are the requirements for a professional guardian in Florida? - ✔✔They must
complete approximately 40 hours of training, pass a competency exam, undergo
background checks, and maintain a fiduciary bond.
✔✔Under what circumstances can a guardian be removed by the court? - ✔✔A
guardian may be removed for failing to perform duties, violating obligations, or acting
contrary to the ward's best interests.
✔✔What begins a guardian's authority? - ✔✔A guardian's authority begins upon
issuance of Letters of Guardianship by the court.
✔✔What is the bond requirement for a guardian of property? - ✔✔A guardian may be
required to post a bond to ensure faithful performance and protection of the ward's
assets.
✔✔What is required of guardians in terms of court supervision? - ✔✔Guardians must
file initial and annual reports, including accountings and care plans, subject to court
review.
✔✔What is the difference between family and professional guardians? - ✔✔Family
guardians are often preferred for personal relationships, while professional guardians
may be appointed to avoid conflicts of interest.
✔✔What is a surcharge in guardianship? - ✔✔A surcharge is suing the guardian for
mismanaging or stealing assets.
✔✔What are adversary proceedings in guardianship? - ✔✔Adversary proceedings are
formal contested matters within a guardianship that proceed like civil litigation.
✔✔What is the notice requirement for incapacity proceedings under § 744.331? -
✔✔Notice must be served on the alleged incapacitated person, their attorney, and next
of kin.
✔✔What is the general notice requirement in guardianship proceedings according to
Florida Probate Rule 5.065? - ✔✔Notice must be given to all interested persons whose
rights may be affected by the proceeding.
✔✔Who gets notice in incapacity proceedings under § 744.331? - ✔✔The alleged
incapacitated person, their attorney, and next of kin.
✔✔What must be included in general guardianship matters under Rule 5.065? -
✔✔Notice to all interested persons.
, ✔✔What is the best exam sentence regarding incapacity notice? - ✔✔Under § 744.331,
notice of the incapacity proceeding must be served on and read to the alleged
incapacitated person and provided to the person's attorney and next of kin.
✔✔When is Rule 5.065 applicable? - ✔✔Only in ongoing guardianship, disputes, or
motions/orders after appointment.
✔✔What is a common trap regarding incapacity notice? - ✔✔Saying 'Notice must be
given to all interested persons' is too generic and misses the specific statute.
✔✔What is the final answer regarding surcharge in guardianship? - ✔✔Only needed if
there is a guardian misconduct issue.
✔✔What is the final answer regarding adversary proceedings in guardianship? -
✔✔Rarely needed.
✔✔What is the final answer regarding Rule 5.065 in guardianship? - ✔✔Only as
secondary support.
✔✔What is the final answer regarding § 744.331 notice? - ✔✔Always required.
✔✔What does § 744.331 pertain to? - ✔✔Incapacity notice.
✔✔What does Rule 5.065 pertain to? - ✔✔General notice.
✔✔What should you include in a guardianship essay? - ✔✔Issue, rules, notice, capacity
analysis, type of guardianship, less restrictive alternatives, who should serve, ethics,
emergency remedies, and conclusion.
✔✔What is the structure for a high-scoring guardianship essay? - ✔✔1. Issue 2. Rules
3. Notice 4. Capacity analysis 5. Type of guardianship 6. Less restrictive alternatives 7.
Who should serve 8. Ethics 9. Emergency remedies 10. Conclusion.
✔✔What is the rule statement regarding Florida's adoption of UAGPPJA? - ✔✔Florida
does not adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction
Act (UAGPPJA); a new incapacity proceeding must be initiated.
✔✔What is required when transferring a guardianship from a UAGPPJA state to
Florida? - ✔✔A new proceeding must be domesticated rather than accepted through
transfer.
✔✔Where do Florida courts have jurisdiction to determine incapacity? - ✔✔In the
county where the alleged incapacitated person resides or is physically present.
QUESTIONS AND ANSWERS SURE A+
✔✔What is the consequence of a minor reaching the age of 18 regarding guardianship?
- ✔✔They gain control of their property and can withdraw funds or break structures
unless restricted.
✔✔What is the importance of annual physician certification in guardianship? - ✔✔It
ensures the ward remains competent throughout the guardianship.
✔✔What is the training requirement for a family guardian in Florida? - ✔✔A family
guardian must complete an 8-hour court-approved guardianship education course.
✔✔What is the difference in training hours between family and professional guardians in
Florida? - ✔✔Family guardians require 8 hours, while professional guardians require
approximately 40 hours.
✔✔What must a family guardian acknowledge through a filed certification? - ✔✔The
guardian must acknowledge the requirement to complete the 8-hour course.
✔✔What discretion does the court have regarding guardian training compliance? -
✔✔The court can enforce compliance but has discretion in how to do so.
✔✔What can happen if a guardian fails to complete their training? - ✔✔The court can
warn, order compliance, or remove the guardian.
✔✔Who can serve as a guardian under Florida Statutes § 744.309? - ✔✔Any adult who
is at least 18 years old and sui juris, excluding convicted felons or those with conflicts of
interest.
✔✔What is the court's preference when appointing a guardian according to Florida
Statutes § 744.312? - ✔✔The court must appoint a guardian in the best interests of the
ward, giving preference to relatives and experienced individuals.
,✔✔What are the requirements for a professional guardian in Florida? - ✔✔They must
complete approximately 40 hours of training, pass a competency exam, undergo
background checks, and maintain a fiduciary bond.
✔✔Under what circumstances can a guardian be removed by the court? - ✔✔A
guardian may be removed for failing to perform duties, violating obligations, or acting
contrary to the ward's best interests.
✔✔What begins a guardian's authority? - ✔✔A guardian's authority begins upon
issuance of Letters of Guardianship by the court.
✔✔What is the bond requirement for a guardian of property? - ✔✔A guardian may be
required to post a bond to ensure faithful performance and protection of the ward's
assets.
✔✔What is required of guardians in terms of court supervision? - ✔✔Guardians must
file initial and annual reports, including accountings and care plans, subject to court
review.
✔✔What is the difference between family and professional guardians? - ✔✔Family
guardians are often preferred for personal relationships, while professional guardians
may be appointed to avoid conflicts of interest.
✔✔What is a surcharge in guardianship? - ✔✔A surcharge is suing the guardian for
mismanaging or stealing assets.
✔✔What are adversary proceedings in guardianship? - ✔✔Adversary proceedings are
formal contested matters within a guardianship that proceed like civil litigation.
✔✔What is the notice requirement for incapacity proceedings under § 744.331? -
✔✔Notice must be served on the alleged incapacitated person, their attorney, and next
of kin.
✔✔What is the general notice requirement in guardianship proceedings according to
Florida Probate Rule 5.065? - ✔✔Notice must be given to all interested persons whose
rights may be affected by the proceeding.
✔✔Who gets notice in incapacity proceedings under § 744.331? - ✔✔The alleged
incapacitated person, their attorney, and next of kin.
✔✔What must be included in general guardianship matters under Rule 5.065? -
✔✔Notice to all interested persons.
, ✔✔What is the best exam sentence regarding incapacity notice? - ✔✔Under § 744.331,
notice of the incapacity proceeding must be served on and read to the alleged
incapacitated person and provided to the person's attorney and next of kin.
✔✔When is Rule 5.065 applicable? - ✔✔Only in ongoing guardianship, disputes, or
motions/orders after appointment.
✔✔What is a common trap regarding incapacity notice? - ✔✔Saying 'Notice must be
given to all interested persons' is too generic and misses the specific statute.
✔✔What is the final answer regarding surcharge in guardianship? - ✔✔Only needed if
there is a guardian misconduct issue.
✔✔What is the final answer regarding adversary proceedings in guardianship? -
✔✔Rarely needed.
✔✔What is the final answer regarding Rule 5.065 in guardianship? - ✔✔Only as
secondary support.
✔✔What is the final answer regarding § 744.331 notice? - ✔✔Always required.
✔✔What does § 744.331 pertain to? - ✔✔Incapacity notice.
✔✔What does Rule 5.065 pertain to? - ✔✔General notice.
✔✔What should you include in a guardianship essay? - ✔✔Issue, rules, notice, capacity
analysis, type of guardianship, less restrictive alternatives, who should serve, ethics,
emergency remedies, and conclusion.
✔✔What is the structure for a high-scoring guardianship essay? - ✔✔1. Issue 2. Rules
3. Notice 4. Capacity analysis 5. Type of guardianship 6. Less restrictive alternatives 7.
Who should serve 8. Ethics 9. Emergency remedies 10. Conclusion.
✔✔What is the rule statement regarding Florida's adoption of UAGPPJA? - ✔✔Florida
does not adopt the Uniform Adult Guardianship and Protective Proceedings Jurisdiction
Act (UAGPPJA); a new incapacity proceeding must be initiated.
✔✔What is required when transferring a guardianship from a UAGPPJA state to
Florida? - ✔✔A new proceeding must be domesticated rather than accepted through
transfer.
✔✔Where do Florida courts have jurisdiction to determine incapacity? - ✔✔In the
county where the alleged incapacitated person resides or is physically present.
