Florida Guardianship Exam Questions
with Complete Solutions
Custodianship - ANSWER-Gives custodian power to borrow, contract, & invest "in
the best interest of the minor."
- Lasts until transfer is made
- "(Name) as custodian of (Minor's Name) under FUTMA"
FUTMA Transfers - ANSWER-May only be made (outside a gift or will) if:
- fiduciary considers the transfer to be in the best interest of the minor
- Transfer is not prohibited by and is consistent with provisions of governing
instrument
- Transfer is authorized by the court if it exceeds $10,000
FUTMA Termination - ANSWER-Must state, property transfers when:
- Minor turns 25
- Minor turns 21
- Minor turns 18
- Minor dies
FUTMA (if minor dies) - ANSWER-Custodian must deliver property to minor's estate
Ch. 744 Incapacity Proceedings - ANSWER-Petition for Incapacity
Petition to Appoint Guardian
Petition to Appoint ETG
Petition for Incapacity - ANSWER-(1) AIP is appointed counsel
(2) Examining Committee is chosen
(3) Hearing on Incapacity
Examining Committee - ANSWER-3 members with 15-day report deadline
- Must have 1 physician, and 2 other. members deemed appropriate by court
discretion
- 1 member must have knowledge of incapacity being judged
Hearing on Incapacity - ANSWER-14 days after Examining Committee report
If 2/3 of committee find capacity, incapacity hearing is dismissed
Determination of Incapacity - ANSWER-Must include:
- Scope of incapacity
- Exact Areas in which person lacks capacity to make informed decisions about
care/treatment or their physical/mental health or safety
- Specific legal disabilities
- Specific rights AIP is incapable of exercising
Petition to Appoint ETG - ANSWER-Apply for appointment as ETG
- Hearing to determine if emergency
, - Order appointing ETG for limited time and purpose
Petition to Appoint Guardian - ANSWER-Apply for appointment as guardian
- Criminal & Financial background checks
- Determine if less restrictive alternatives
- Hearing
- Order appointing guardian
Guardianships - ANSWER-Guardian of the Person
Guardian of the Property
Standby Guardian
Preened Guardian
Plenary Guardian
Voluntary Guardian
Guardian of the Property - ANSWER-Duty, upon appointment, to take immediate
steps to locate and marshal all assets of the ward and ensure they are properly
protected
Guardian of the Property Duties - ANSWER-Create guardian accounts over all cash
and bank accounts
- After location of assets, bring all found assets into control of the guardian
- Immediately ascertain status of real property insurance and loans
- Confirm title evidence of real property
- Personal property be protected in best interest of ward's future
3 Specific Duties of Property Guardian - ANSWER-(1) Protect and preserve the
property with accurate records of administration
(2) Perform duties required by law
(3) At termination, deliver property to lawfully entitled person
Guardian of the Property Powers - ANSWER-Retaining and receiving assets
- Insuring estates from damages
- Paying taxes
Guardian of the Person - ANSWER-Primary responsibility is to properly exercise the
rights of the ward that have been delegated to the guardian in "best interest" of the
ward
Guardian of the Person Rights - ANSWER-May include to:
- Contract
- Sue/Defend
- Apply for gov benefits
- Manage Property
- Determine Ward residence
- Social aspect decisions (visitation, communication, etc.)
Nondelegable rights for Guardian of the Person - ANSWER-To marry
- To vote
- Have a driver's license
with Complete Solutions
Custodianship - ANSWER-Gives custodian power to borrow, contract, & invest "in
the best interest of the minor."
- Lasts until transfer is made
- "(Name) as custodian of (Minor's Name) under FUTMA"
FUTMA Transfers - ANSWER-May only be made (outside a gift or will) if:
- fiduciary considers the transfer to be in the best interest of the minor
- Transfer is not prohibited by and is consistent with provisions of governing
instrument
- Transfer is authorized by the court if it exceeds $10,000
FUTMA Termination - ANSWER-Must state, property transfers when:
- Minor turns 25
- Minor turns 21
- Minor turns 18
- Minor dies
FUTMA (if minor dies) - ANSWER-Custodian must deliver property to minor's estate
Ch. 744 Incapacity Proceedings - ANSWER-Petition for Incapacity
Petition to Appoint Guardian
Petition to Appoint ETG
Petition for Incapacity - ANSWER-(1) AIP is appointed counsel
(2) Examining Committee is chosen
(3) Hearing on Incapacity
Examining Committee - ANSWER-3 members with 15-day report deadline
- Must have 1 physician, and 2 other. members deemed appropriate by court
discretion
- 1 member must have knowledge of incapacity being judged
Hearing on Incapacity - ANSWER-14 days after Examining Committee report
If 2/3 of committee find capacity, incapacity hearing is dismissed
Determination of Incapacity - ANSWER-Must include:
- Scope of incapacity
- Exact Areas in which person lacks capacity to make informed decisions about
care/treatment or their physical/mental health or safety
- Specific legal disabilities
- Specific rights AIP is incapable of exercising
Petition to Appoint ETG - ANSWER-Apply for appointment as ETG
- Hearing to determine if emergency
, - Order appointing ETG for limited time and purpose
Petition to Appoint Guardian - ANSWER-Apply for appointment as guardian
- Criminal & Financial background checks
- Determine if less restrictive alternatives
- Hearing
- Order appointing guardian
Guardianships - ANSWER-Guardian of the Person
Guardian of the Property
Standby Guardian
Preened Guardian
Plenary Guardian
Voluntary Guardian
Guardian of the Property - ANSWER-Duty, upon appointment, to take immediate
steps to locate and marshal all assets of the ward and ensure they are properly
protected
Guardian of the Property Duties - ANSWER-Create guardian accounts over all cash
and bank accounts
- After location of assets, bring all found assets into control of the guardian
- Immediately ascertain status of real property insurance and loans
- Confirm title evidence of real property
- Personal property be protected in best interest of ward's future
3 Specific Duties of Property Guardian - ANSWER-(1) Protect and preserve the
property with accurate records of administration
(2) Perform duties required by law
(3) At termination, deliver property to lawfully entitled person
Guardian of the Property Powers - ANSWER-Retaining and receiving assets
- Insuring estates from damages
- Paying taxes
Guardian of the Person - ANSWER-Primary responsibility is to properly exercise the
rights of the ward that have been delegated to the guardian in "best interest" of the
ward
Guardian of the Person Rights - ANSWER-May include to:
- Contract
- Sue/Defend
- Apply for gov benefits
- Manage Property
- Determine Ward residence
- Social aspect decisions (visitation, communication, etc.)
Nondelegable rights for Guardian of the Person - ANSWER-To marry
- To vote
- Have a driver's license
