FLORIDA GUARDIANSHIP TEST PAPER 2025/2026
QUESTIONS WITH ANSWERS GRADED A+
✔✔Role of attorneys - ✔✔-To represent alleged incapacitated persons during
proceedings
-Last duty is to review initial plan and inventory then they are dismissed
-Known as Attorney of Record
✔✔Initial report - ✔✔Guardian is required to file an initial guardian plan within 60 days
after the LOGs have been signed
✔✔Annual guardian plan - ✔✔Guardian must file a report within 90 days after the end
of the reporting year that lists the ward's residences during the year, medical treatment
provided, and if the guardian will request restoration of any rights.
✔✔Parens Patriae has given rise to the states' authority to intervene in an individual's
life in order to protect the person from harming himself or others in the following ways...
- ✔✔- guardianship
-Baker Act
-Protective services
-Involuntary treatment for substance abuse or mental illness
✔✔Laws governing guardianship may only be amended or changed by - ✔✔the FL
Legislature
✔✔Each Judicial circuit may impose its own rules and policies in addition to state law...
- ✔✔True
✔✔FL Guardianship laws are found in F.S. Chapter - ✔✔744
✔✔Roles NOT appropriate for a guardian to fill - ✔✔-surrogate family
-caregiver
-therapist
-re-former
-companion
-warden or savior
✔✔The state of FL ------- recognize and accept an order Adjudicating incapacity that
was filed in another state - ✔✔DOES accept
✔✔A plenary guardian means.... - ✔✔All delegable rights have been removed.
✔✔4 major roles of guardian are - ✔✔-advocate for ward
-surrogate decision-maker
,-Administer and monitor services
-financial planner/asset manager
✔✔A minor's guardianship will be established when a child under the age of 18 receives
funds as a result of - ✔✔-inheritance or lawsuit that exceeds $15k
✔✔2 major requirements to establish a voluntary guardianship are that the proposed
ward must be - ✔✔-competent and want a guardian
✔✔A Veteran's guardianship is established to manage only... - ✔✔-VA funds or
anything derived from those funds
✔✔An example of a corporate guardian is.... - ✔✔-Catholic charities
-Luteran ministries program
✔✔Public guardians are appointed primarily for what kind of cases? - ✔✔indigent
and/or when there is nobody else to serve
✔✔Surrogate guardian may be appointed when the regular guardian is - ✔✔-unable to
serve due to illness or on an extended vacation and unable to be reached
✔✔The authority of a surrogate guardian is good for how many days? - ✔✔30 -unless
extended if court approves
✔✔Fiduciary is defined as a person who occupies a position of - ✔✔-trust and acts in
the best interests for another person
✔✔If the ward wishes to express his religious beliefs the guardian should - ✔✔-assist
the ward in doing so
✔✔When the ward would benefit from outings or shopping excursions, the guardian
should - ✔✔employ an aide or companion to take the ward out
✔✔An advantage of preparing a form designating a pre-need guardian is - ✔✔-the
person may choose who he wants to be his guardian
✔✔A durable power of attorney may only be signed by a person who is - ✔✔-mentally
competent
✔✔3 potential problems that could arise from putting another person on as a signer on
a joint account are: - ✔✔- potential tax liens
-may disqualify person for public benefits
-co-signer can clean out the account
,✔✔If there is a durable power of attorney in effect for a person, the court must make a
determination at the incapacity hearing to.... - ✔✔overturn or let the DPOA stand when
the person has been adjudicated as incapacitated
✔✔Before proceeding with filing for guardianship, it may be beneficial to consider
medication for a person who is.... - ✔✔-partially incapacitated or resisting
✔✔A major problem that may be encountered for the person who has been named as
Attorney-in-fact under a DPOA or as a healthcare surrogate is they cannot - ✔✔-enforce
medical decisions
-enforce placement if person is unwilling
✔✔A SS rep payee does not have the authority to... - ✔✔-determine residence
-make healthcare decisions
✔✔Pro Bono means that the case is.... - ✔✔-non-fee generating
✔✔a surrogate guardian may be appointed when the regular guardian is.... - ✔✔-on an
extended vacation or becomes ill
✔✔The term incompetent was formerly used to describe individuals who had been
found legally incapable of managing their person or financial affairs, this has been
replaced by the term... - ✔✔incapacitated
✔✔In the event of a development of an adverse conflict of interest between the
guardian and his ward, a 1996 opinion from the Attorney General states that the duty of
the attorney who represents the guardian is to... - ✔✔-the ward
-and the attorney may report the guardian's misconduct
✔✔It is the responsibility of------ to audit guardian reports - ✔✔-Clerk of Court
✔✔A professional guardian must obtain and post with the court annually a blanket
fiduciary bond in the amount of - ✔✔no less than $50k
✔✔3 key components of informed consent are... - ✔✔-full disclosure of all issues
0capacity to understand the information provided
-ability to make the decision without coercion or force
✔✔When a guardian must make a decision based on "Best Interest" he should obtain -
✔✔-independent professional opinions in writing
, ✔✔A guardian should learn how the ward handled his affairs prior to becoming
incapacitated so that the guardian will be able to make deacons for the ward based on
the principle of... - ✔✔substituted judgement
✔✔If the guardian is unable to determine what the ward would have done or decided on
a particular issue, the guardian must make the decision based on - ✔✔-principle of best
interest
✔✔Employing the concept of least restrictive alternative means that the guardian will
choose the option that allows the ward...... - ✔✔maximum autonomy- least restrictive
environment while maintaining safety and protection
✔✔An individual must be mentally competent in order to set up these pre-incapacity
instruments - ✔✔-POA
-DPOA
-Healthcare surrogate
-Living trust
-co-owner of joint account
✔✔Under voluntary guardianship, the ward has the right to... - ✔✔-receive and review
guardian reports
-fee petitions or other petitions
-terminate guardianship at any time
✔✔Case management and guardianship of the person are alike except that the.... -
✔✔guardian can enforce compliance with medications and placement while a case
manager cannot
✔✔An individual may set up a living trust to avoid - ✔✔-probate of estate
-guardianship
✔✔a healthcare surrogate does not have the authority to... - ✔✔-place patient into
facility if patient is refusing to go
✔✔Even though they may not be in effect, it is important for guardians to review
advance directives because.... - ✔✔-there may be indications of the ward's wishes that
will give guidance based on the principles of substituted judgment
✔✔Examples of agencies that provide case management services to as risk people in
the community - ✔✔-DCF
-CCE- Community care for the elderly
✔✔Under voluntary guardianship, the guardian must submit - ✔✔a physician's
statement that the ward is competent along with the annual report to the court
QUESTIONS WITH ANSWERS GRADED A+
✔✔Role of attorneys - ✔✔-To represent alleged incapacitated persons during
proceedings
-Last duty is to review initial plan and inventory then they are dismissed
-Known as Attorney of Record
✔✔Initial report - ✔✔Guardian is required to file an initial guardian plan within 60 days
after the LOGs have been signed
✔✔Annual guardian plan - ✔✔Guardian must file a report within 90 days after the end
of the reporting year that lists the ward's residences during the year, medical treatment
provided, and if the guardian will request restoration of any rights.
✔✔Parens Patriae has given rise to the states' authority to intervene in an individual's
life in order to protect the person from harming himself or others in the following ways...
- ✔✔- guardianship
-Baker Act
-Protective services
-Involuntary treatment for substance abuse or mental illness
✔✔Laws governing guardianship may only be amended or changed by - ✔✔the FL
Legislature
✔✔Each Judicial circuit may impose its own rules and policies in addition to state law...
- ✔✔True
✔✔FL Guardianship laws are found in F.S. Chapter - ✔✔744
✔✔Roles NOT appropriate for a guardian to fill - ✔✔-surrogate family
-caregiver
-therapist
-re-former
-companion
-warden or savior
✔✔The state of FL ------- recognize and accept an order Adjudicating incapacity that
was filed in another state - ✔✔DOES accept
✔✔A plenary guardian means.... - ✔✔All delegable rights have been removed.
✔✔4 major roles of guardian are - ✔✔-advocate for ward
-surrogate decision-maker
,-Administer and monitor services
-financial planner/asset manager
✔✔A minor's guardianship will be established when a child under the age of 18 receives
funds as a result of - ✔✔-inheritance or lawsuit that exceeds $15k
✔✔2 major requirements to establish a voluntary guardianship are that the proposed
ward must be - ✔✔-competent and want a guardian
✔✔A Veteran's guardianship is established to manage only... - ✔✔-VA funds or
anything derived from those funds
✔✔An example of a corporate guardian is.... - ✔✔-Catholic charities
-Luteran ministries program
✔✔Public guardians are appointed primarily for what kind of cases? - ✔✔indigent
and/or when there is nobody else to serve
✔✔Surrogate guardian may be appointed when the regular guardian is - ✔✔-unable to
serve due to illness or on an extended vacation and unable to be reached
✔✔The authority of a surrogate guardian is good for how many days? - ✔✔30 -unless
extended if court approves
✔✔Fiduciary is defined as a person who occupies a position of - ✔✔-trust and acts in
the best interests for another person
✔✔If the ward wishes to express his religious beliefs the guardian should - ✔✔-assist
the ward in doing so
✔✔When the ward would benefit from outings or shopping excursions, the guardian
should - ✔✔employ an aide or companion to take the ward out
✔✔An advantage of preparing a form designating a pre-need guardian is - ✔✔-the
person may choose who he wants to be his guardian
✔✔A durable power of attorney may only be signed by a person who is - ✔✔-mentally
competent
✔✔3 potential problems that could arise from putting another person on as a signer on
a joint account are: - ✔✔- potential tax liens
-may disqualify person for public benefits
-co-signer can clean out the account
,✔✔If there is a durable power of attorney in effect for a person, the court must make a
determination at the incapacity hearing to.... - ✔✔overturn or let the DPOA stand when
the person has been adjudicated as incapacitated
✔✔Before proceeding with filing for guardianship, it may be beneficial to consider
medication for a person who is.... - ✔✔-partially incapacitated or resisting
✔✔A major problem that may be encountered for the person who has been named as
Attorney-in-fact under a DPOA or as a healthcare surrogate is they cannot - ✔✔-enforce
medical decisions
-enforce placement if person is unwilling
✔✔A SS rep payee does not have the authority to... - ✔✔-determine residence
-make healthcare decisions
✔✔Pro Bono means that the case is.... - ✔✔-non-fee generating
✔✔a surrogate guardian may be appointed when the regular guardian is.... - ✔✔-on an
extended vacation or becomes ill
✔✔The term incompetent was formerly used to describe individuals who had been
found legally incapable of managing their person or financial affairs, this has been
replaced by the term... - ✔✔incapacitated
✔✔In the event of a development of an adverse conflict of interest between the
guardian and his ward, a 1996 opinion from the Attorney General states that the duty of
the attorney who represents the guardian is to... - ✔✔-the ward
-and the attorney may report the guardian's misconduct
✔✔It is the responsibility of------ to audit guardian reports - ✔✔-Clerk of Court
✔✔A professional guardian must obtain and post with the court annually a blanket
fiduciary bond in the amount of - ✔✔no less than $50k
✔✔3 key components of informed consent are... - ✔✔-full disclosure of all issues
0capacity to understand the information provided
-ability to make the decision without coercion or force
✔✔When a guardian must make a decision based on "Best Interest" he should obtain -
✔✔-independent professional opinions in writing
, ✔✔A guardian should learn how the ward handled his affairs prior to becoming
incapacitated so that the guardian will be able to make deacons for the ward based on
the principle of... - ✔✔substituted judgement
✔✔If the guardian is unable to determine what the ward would have done or decided on
a particular issue, the guardian must make the decision based on - ✔✔-principle of best
interest
✔✔Employing the concept of least restrictive alternative means that the guardian will
choose the option that allows the ward...... - ✔✔maximum autonomy- least restrictive
environment while maintaining safety and protection
✔✔An individual must be mentally competent in order to set up these pre-incapacity
instruments - ✔✔-POA
-DPOA
-Healthcare surrogate
-Living trust
-co-owner of joint account
✔✔Under voluntary guardianship, the ward has the right to... - ✔✔-receive and review
guardian reports
-fee petitions or other petitions
-terminate guardianship at any time
✔✔Case management and guardianship of the person are alike except that the.... -
✔✔guardian can enforce compliance with medications and placement while a case
manager cannot
✔✔An individual may set up a living trust to avoid - ✔✔-probate of estate
-guardianship
✔✔a healthcare surrogate does not have the authority to... - ✔✔-place patient into
facility if patient is refusing to go
✔✔Even though they may not be in effect, it is important for guardians to review
advance directives because.... - ✔✔-there may be indications of the ward's wishes that
will give guidance based on the principles of substituted judgment
✔✔Examples of agencies that provide case management services to as risk people in
the community - ✔✔-DCF
-CCE- Community care for the elderly
✔✔Under voluntary guardianship, the guardian must submit - ✔✔a physician's
statement that the ward is competent along with the annual report to the court
