FLORIDA GUARDIANSHIP PRACTICE EXAM 2025/2026
QUESTIONS WITH ANSWERS GRADED A+
✔✔(9) "Guardian" - ✔✔means a person who has been appointed by the court to act on
behalf of a ward's person or property, or both.
✔✔(a) "Limited guardian" - ✔✔means a guardian who has been appointed by the court
to exercise the legal rights and powers specifically designated by court order entered
after the court has found that the ward lacks the capacity to do some, but not all, of the
tasks necessary to care for his or her person or property, or after the person has
voluntarily petitioned for appointment of a limited guardian.
✔✔(b) "Plenary guardian" - ✔✔means a person who has been appointed by the court to
exercise all delegable legal rights and powers of the ward after the court has found that
the ward lacks the capacity to perform all of the tasks necessary to care for his or her
person or property.
✔✔(10) "Guardian ad litem" - ✔✔means a person who is appointed by the court having
jurisdiction of the guardianship or a court in which a particular legal matter is pending to
represent a ward in that proceeding.
✔✔(11) "Guardian advocate" - ✔✔means a person appointed by a written order of the
court to represent a person with developmental disabilities under s. 393.12. As used in
this chapter, the term does not apply to a guardian advocate appointed for a person
determined incompetent to consent to treatment under s. 394.4598.
✔✔(12) "Incapacitated person" - ✔✔means a person who has been judicially
determined to lack the capacity to manage at least some of the property or to meet at
least some of the essential health and safety requirements of the person.
✔✔manage property" - ✔✔means to take those actions necessary to obtain, administer,
and dispose of real and personal property, intangible property, business property,
benefits, and income.
✔✔meet essential requirements for health or safety" - ✔✔means to take those actions
necessary to provide the health care, food, shelter, clothing, personal hygiene, or other
care without which serious and imminent physical injury or illness is more likely than not
to occur.
✔✔(13) "Minor" - ✔✔means a person under 18 years of age whose disabilities have not
been removed by marriage or otherwise.
✔✔(14) "Next of kin" - ✔✔means those persons who would be heirs at law of the ward
or alleged incapacitated person if the person were deceased and includes the lineal
descendants of the ward or alleged incapacitated person.
, ✔✔(15) "Nonprofit corporate guardian" - ✔✔means a nonprofit corporation organized for
religious or charitable purposes and existing under the laws of this state.
✔✔(16) "Preneed guardian" - ✔✔means a person named in a written declaration to
serve as guardian in the event of the incapacity of the declarant as provided in s.
744.3045.
✔✔(17) "Professional guardian" - ✔✔means any guardian who has at any time
rendered services to three or more wards as their guardian.
A person serving as a guardian for two or more relatives as defined in s. 744.309(2) is
not considered a professional guardian.
A public guardian shall be considered a professional guardian for purposes of
regulation, education, and registration.
✔✔(18) "Property" - ✔✔means both real and personal property or any interest in it and
anything that may be the subject of ownership.
✔✔(19) "Standby guardian" - ✔✔means a person empowered to assume the duties of
guardianship upon the death or adjudication of incapacity of the last surviving natural or
appointed guardian.
✔✔(20) "Surrogate guardian" - ✔✔means a guardian designated according to s.
744.442.
✔✔(21) "Totally incapacitated" - ✔✔means incapable of exercising any of the rights
enumerated in s. 744.3215(2) and (3).
✔✔(22) "Ward" - ✔✔means a person for whom a guardian has been appointed.
✔✔Additional definitions.—744.1025 - ✔✔The definitions contained in the Florida
Probate Code shall be applicable to the Florida Guardianship Law, unless the context
requires otherwise, insofar as such definitions do not conflict with definitions contained
in this law.
History.—s. 2, ch. 79-221; s. 5, ch. 89-96.
✔✔Verification of documents.—744.104 - ✔✔When verification of a document is
required in this chapter or by rule, the document filed shall include an oath or affirmation
or the following statement: "Under penalties of perjury, I declare that I have read the
foregoing, and the facts alleged are true to the best of my knowledge and belief." Any
person who shall willfully include a false statement in the document shall be guilty of
perjury and upon conviction shall be punished accordingly.
History.—s. 1, ch. 74-106; s. 2, ch. 75-222; s. 7, ch. 89-96.
Note.—Created from former s. 744.3
QUESTIONS WITH ANSWERS GRADED A+
✔✔(9) "Guardian" - ✔✔means a person who has been appointed by the court to act on
behalf of a ward's person or property, or both.
✔✔(a) "Limited guardian" - ✔✔means a guardian who has been appointed by the court
to exercise the legal rights and powers specifically designated by court order entered
after the court has found that the ward lacks the capacity to do some, but not all, of the
tasks necessary to care for his or her person or property, or after the person has
voluntarily petitioned for appointment of a limited guardian.
✔✔(b) "Plenary guardian" - ✔✔means a person who has been appointed by the court to
exercise all delegable legal rights and powers of the ward after the court has found that
the ward lacks the capacity to perform all of the tasks necessary to care for his or her
person or property.
✔✔(10) "Guardian ad litem" - ✔✔means a person who is appointed by the court having
jurisdiction of the guardianship or a court in which a particular legal matter is pending to
represent a ward in that proceeding.
✔✔(11) "Guardian advocate" - ✔✔means a person appointed by a written order of the
court to represent a person with developmental disabilities under s. 393.12. As used in
this chapter, the term does not apply to a guardian advocate appointed for a person
determined incompetent to consent to treatment under s. 394.4598.
✔✔(12) "Incapacitated person" - ✔✔means a person who has been judicially
determined to lack the capacity to manage at least some of the property or to meet at
least some of the essential health and safety requirements of the person.
✔✔manage property" - ✔✔means to take those actions necessary to obtain, administer,
and dispose of real and personal property, intangible property, business property,
benefits, and income.
✔✔meet essential requirements for health or safety" - ✔✔means to take those actions
necessary to provide the health care, food, shelter, clothing, personal hygiene, or other
care without which serious and imminent physical injury or illness is more likely than not
to occur.
✔✔(13) "Minor" - ✔✔means a person under 18 years of age whose disabilities have not
been removed by marriage or otherwise.
✔✔(14) "Next of kin" - ✔✔means those persons who would be heirs at law of the ward
or alleged incapacitated person if the person were deceased and includes the lineal
descendants of the ward or alleged incapacitated person.
, ✔✔(15) "Nonprofit corporate guardian" - ✔✔means a nonprofit corporation organized for
religious or charitable purposes and existing under the laws of this state.
✔✔(16) "Preneed guardian" - ✔✔means a person named in a written declaration to
serve as guardian in the event of the incapacity of the declarant as provided in s.
744.3045.
✔✔(17) "Professional guardian" - ✔✔means any guardian who has at any time
rendered services to three or more wards as their guardian.
A person serving as a guardian for two or more relatives as defined in s. 744.309(2) is
not considered a professional guardian.
A public guardian shall be considered a professional guardian for purposes of
regulation, education, and registration.
✔✔(18) "Property" - ✔✔means both real and personal property or any interest in it and
anything that may be the subject of ownership.
✔✔(19) "Standby guardian" - ✔✔means a person empowered to assume the duties of
guardianship upon the death or adjudication of incapacity of the last surviving natural or
appointed guardian.
✔✔(20) "Surrogate guardian" - ✔✔means a guardian designated according to s.
744.442.
✔✔(21) "Totally incapacitated" - ✔✔means incapable of exercising any of the rights
enumerated in s. 744.3215(2) and (3).
✔✔(22) "Ward" - ✔✔means a person for whom a guardian has been appointed.
✔✔Additional definitions.—744.1025 - ✔✔The definitions contained in the Florida
Probate Code shall be applicable to the Florida Guardianship Law, unless the context
requires otherwise, insofar as such definitions do not conflict with definitions contained
in this law.
History.—s. 2, ch. 79-221; s. 5, ch. 89-96.
✔✔Verification of documents.—744.104 - ✔✔When verification of a document is
required in this chapter or by rule, the document filed shall include an oath or affirmation
or the following statement: "Under penalties of perjury, I declare that I have read the
foregoing, and the facts alleged are true to the best of my knowledge and belief." Any
person who shall willfully include a false statement in the document shall be guilty of
perjury and upon conviction shall be punished accordingly.
History.—s. 1, ch. 74-106; s. 2, ch. 75-222; s. 7, ch. 89-96.
Note.—Created from former s. 744.3
