FLORIDA GUARDIANSHIP EXAM
QUESTIONS AND ANSWERS GRADED
A+
Guardianship Termination - CORRECT_ANSWER_Guardian must petition for
termination of guardianship if:
- Ward regains capacity
- There is a least restrictive alternative
- Ward expresses desire to challenge necessity of guardianship
- Ward dies
- Guardianship is no longer beneficial
- Ward cannot be found after diligent search
Natural Guardian of Minor - CORRECT_ANSWER_Have guardian of the person
power, not guardian of the property power
- Automatic duty of support until minor is 18
*Court can extend this is minor has a disability
Alternatives to Guardian of a Minor - CORRECT_ANSWER_Emancipation
,Custodianship
Temporary or Concurrent Custody
Health Care Surrogate
Representative Payee
Emancipation - CORRECT_ANSWER_Allows minor to become "an adult"
Must be at least 16 to acquire nonage
Temporary or Concurrent Custody - CORRECT_ANSWER_Minor is living with one
who is not the natural guardian
- MUST show they can do ALL necessary things to care for a minor
When Guardian of a Minor is required - CORRECT_ANSWER_If a GAL issue arises
If natural guardian, dies, is disabled, or incarcerated
Guardian of a Minor Responsibilities - CORRECT_ANSWER_(Not a GAL)
- Guardian follows powers and duties of plenary guardian
- A different guardian report must be filed
, - Guardian cannot use minor's assets to support the minor
*Minor guardian basically becomes the "parent" of the minor and is expected to
help minor with: Education, finances, insurance, taxes, driver's license, etc.*
Restoration of Capacity - CORRECT_ANSWER_Any interested person, including the
ward, may file for suggestion of capacity
Filing of Restoration of Capacity - CORRECT_ANSWER_When filed, court must
immediately appoint a physician to examine the ward
- Report of exam must be filed within 20 days after appointment
Notice of Restoration of Capacity - CORRECT_ANSWER_Notice is given to:
- The ward
- Ward's counsel
- Next-of-kin
- Guardian
- Interested persons
QUESTIONS AND ANSWERS GRADED
A+
Guardianship Termination - CORRECT_ANSWER_Guardian must petition for
termination of guardianship if:
- Ward regains capacity
- There is a least restrictive alternative
- Ward expresses desire to challenge necessity of guardianship
- Ward dies
- Guardianship is no longer beneficial
- Ward cannot be found after diligent search
Natural Guardian of Minor - CORRECT_ANSWER_Have guardian of the person
power, not guardian of the property power
- Automatic duty of support until minor is 18
*Court can extend this is minor has a disability
Alternatives to Guardian of a Minor - CORRECT_ANSWER_Emancipation
,Custodianship
Temporary or Concurrent Custody
Health Care Surrogate
Representative Payee
Emancipation - CORRECT_ANSWER_Allows minor to become "an adult"
Must be at least 16 to acquire nonage
Temporary or Concurrent Custody - CORRECT_ANSWER_Minor is living with one
who is not the natural guardian
- MUST show they can do ALL necessary things to care for a minor
When Guardian of a Minor is required - CORRECT_ANSWER_If a GAL issue arises
If natural guardian, dies, is disabled, or incarcerated
Guardian of a Minor Responsibilities - CORRECT_ANSWER_(Not a GAL)
- Guardian follows powers and duties of plenary guardian
- A different guardian report must be filed
, - Guardian cannot use minor's assets to support the minor
*Minor guardian basically becomes the "parent" of the minor and is expected to
help minor with: Education, finances, insurance, taxes, driver's license, etc.*
Restoration of Capacity - CORRECT_ANSWER_Any interested person, including the
ward, may file for suggestion of capacity
Filing of Restoration of Capacity - CORRECT_ANSWER_When filed, court must
immediately appoint a physician to examine the ward
- Report of exam must be filed within 20 days after appointment
Notice of Restoration of Capacity - CORRECT_ANSWER_Notice is given to:
- The ward
- Ward's counsel
- Next-of-kin
- Guardian
- Interested persons
