FLORIDA GUARDIANSHIP TEST QUESTIONS AND
ANSWERS
Least Restrictive Alternatives - CORRECT ANSWER✅✅✅Health Care Surrogates
Durable Powers of Attorney
Guardian Advocates
Health Care Surrogates - CORRECT ANSWER✅✅✅Any competent adult expressly
designated by the principal to make health care decisions and receive health care information
- The power is expressly limited to medical treatment decisions and the execution of applications
for public benefits on behalf of the principal
- If not deemed incapacitated, principal decisions still take precedent overs HCS's
Health Care Surrogate Procedure - CORRECT ANSWER✅✅✅(1) Competent principal
designates a HSC in a signed writing with 2 subscribing witnesses
(2) Remains active until revoked
(3) Once appointed, HCS must notify interested parties
*CREATES clear & convincing evidence of principal's designation
Durable Powers of Attorney - CORRECT ANSWER✅✅✅A writing that grants authority to
an agent to act in the place of the principal
- Co-agents are allowed
Financial DPOA - CORRECT ANSWER✅✅✅May serve as DPOA, provided that:
(1) the institution has trust powers
(2) Has a place of business in Florida
(3) Is authorized to conduct trust business in Florida
DPOA Termination - CORRECT ANSWER✅✅✅- Principal Dies
- Principal becomes incapacitates, if not a DPOA
, - principal revokes POA
- POA provides when it terminates
- Purpose of POA is accomplished
- Authority terminates with no successor
DPOA Authority Termination - CORRECT ANSWER✅✅✅Authority remains until:
- Agent dies, becomes incapacitated, resigns, or removed by court
Guardian Advocates - CORRECT ANSWER✅✅✅Court should appoint a. GA for a person
with a developmental disability if the person "lacks the decision-making ability to do some, but
not all, of the decision-making tasks necessary to care for their person or property"
Guardian Advocates Requirements - CORRECT ANSWER✅✅✅Court should appoint GA
as least restrictive means
- Court MUST consider any existing advance directives or DPOA made by the person with a
disability
- Specifically, determine if such documents will "sufficiently address the needs of the person
with a developmental disability" or GA will not be appointed
Florida Uniform Transfers to Minor's Act (FUTMA) - CORRECT ANSWER✅✅✅Applies
to transfers made under the Act, if the transferor, a minor, or custodian, is a Florida Resident, or
the property is located in Florida
- Person designating a minor as recipient of property transferable upon occurrence of future
event may revocably nominate a custodian to receive the property for the minor
FUTMA Avenues - CORRECT ANSWER✅✅✅Will, Trust, Deed, Instrument exercising
power of appointment, or Writing designating a beneficiary
Custodianship - CORRECT ANSWER✅✅✅Gives custodian power to borrow, contract, &
invest "in the best interest of the minor."
- Lasts until transfer is made
ANSWERS
Least Restrictive Alternatives - CORRECT ANSWER✅✅✅Health Care Surrogates
Durable Powers of Attorney
Guardian Advocates
Health Care Surrogates - CORRECT ANSWER✅✅✅Any competent adult expressly
designated by the principal to make health care decisions and receive health care information
- The power is expressly limited to medical treatment decisions and the execution of applications
for public benefits on behalf of the principal
- If not deemed incapacitated, principal decisions still take precedent overs HCS's
Health Care Surrogate Procedure - CORRECT ANSWER✅✅✅(1) Competent principal
designates a HSC in a signed writing with 2 subscribing witnesses
(2) Remains active until revoked
(3) Once appointed, HCS must notify interested parties
*CREATES clear & convincing evidence of principal's designation
Durable Powers of Attorney - CORRECT ANSWER✅✅✅A writing that grants authority to
an agent to act in the place of the principal
- Co-agents are allowed
Financial DPOA - CORRECT ANSWER✅✅✅May serve as DPOA, provided that:
(1) the institution has trust powers
(2) Has a place of business in Florida
(3) Is authorized to conduct trust business in Florida
DPOA Termination - CORRECT ANSWER✅✅✅- Principal Dies
- Principal becomes incapacitates, if not a DPOA
, - principal revokes POA
- POA provides when it terminates
- Purpose of POA is accomplished
- Authority terminates with no successor
DPOA Authority Termination - CORRECT ANSWER✅✅✅Authority remains until:
- Agent dies, becomes incapacitated, resigns, or removed by court
Guardian Advocates - CORRECT ANSWER✅✅✅Court should appoint a. GA for a person
with a developmental disability if the person "lacks the decision-making ability to do some, but
not all, of the decision-making tasks necessary to care for their person or property"
Guardian Advocates Requirements - CORRECT ANSWER✅✅✅Court should appoint GA
as least restrictive means
- Court MUST consider any existing advance directives or DPOA made by the person with a
disability
- Specifically, determine if such documents will "sufficiently address the needs of the person
with a developmental disability" or GA will not be appointed
Florida Uniform Transfers to Minor's Act (FUTMA) - CORRECT ANSWER✅✅✅Applies
to transfers made under the Act, if the transferor, a minor, or custodian, is a Florida Resident, or
the property is located in Florida
- Person designating a minor as recipient of property transferable upon occurrence of future
event may revocably nominate a custodian to receive the property for the minor
FUTMA Avenues - CORRECT ANSWER✅✅✅Will, Trust, Deed, Instrument exercising
power of appointment, or Writing designating a beneficiary
Custodianship - CORRECT ANSWER✅✅✅Gives custodian power to borrow, contract, &
invest "in the best interest of the minor."
- Lasts until transfer is made
