Guardianship state review exam
questions with verified answers
Surrogate guardian - ANSWER-744.442
a guardian may designate a surrogate guardian to exercise the powers of the
guardian if the guardian is unavailable to act, perhaps due to illness or an extended
vacation
-surrogate guardian may not exceed 30 days
co-guardianships - ANSWER-all guardians must agree and sign guardianship
reports
- not uncommon for two separate guardians to be appointed; one for property and
one for person
guardianship of minors - ANSWER-744.3021
in any case where a minor is a beneficiary under a Will orcas a claim for personal
injury, property damage, or wrongful death in which gross settlement for the claim of
the minor equals or exceeds 15k. court may appoint guardian ad litem to represent
minor's interest.
Role the guardian - ANSWER--advocate for the ward
-surrogate decision-maker
-coordinator and monitor of services
-financial planner and asset manager
Role of the courts - ANSWER--appointing counsel to represent alleged incapacitated
person
-presiding at the adjudicatory hearing and making determination of capacity
-reviewing and approving guardianship initial and annual reports
-adjudicating claims and lawsuits related to guardianship matters
-monitoring the conduct of guardians
Initial/Annual guardian plans - ANSWER-Clerk's office has 30 days to complete the
review once it has been filed and 90 days from the date of filing to complete the
review.
Role of attorneys - ANSWER--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 - ANSWER-Guardian is required to file an initial guardian plan within 60
days after the LOGs have been signed
,Annual guardian plan - ANSWER-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... - ANSWER-- guardianship
-Baker Act
-Protective services
-Involuntary treatment for substance abuse or mental illness
Laws governing guardianship may only be amended or changed by - ANSWER-the
FL Legislature
Each Judicial circuit may impose its own rules and policies in addition to state law... -
ANSWER-True
FL Guardianship laws are found in F.S. Chapter - ANSWER-744
Roles NOT appropriate for a guardian to fill - ANSWER--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 - ANSWER-DOES accept
A plenary guardian means.... - ANSWER-All delegable rights have been removed.
4 major roles of guardian are - ANSWER--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 - ANSWER--inheritance or lawsuit that exceeds $15k
2 major requirements to establish a voluntary guardianship are that the proposed
ward must be - ANSWER--competent and want a guardian
A Veteran's guardianship is established to manage only... - ANSWER--VA funds or
anything derived from those funds
An example of a corporate guardian is.... - ANSWER--Catholic charities
-Luteran ministries program
Public guardians are appointed primarily for what kind of cases? - ANSWER-indigent
and/or when there is nobody else to serve
,Surrogate guardian may be appointed when the regular guardian is - ANSWER--
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? - ANSWER-30 -
unless extended if court approves
Fiduciary is defined as a person who occupies a position of - ANSWER--trust and
acts in the best interests for another person
If the ward wishes to express his religious beliefs the guardian should - ANSWER--
assist the ward in doing so
When the ward would benefit from outings or shopping excursions, the guardian
should - ANSWER-employ an aide or companion to take the ward out
An advantage of preparing a form designating a pre-need guardian is - ANSWER--
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 - ANSWER--
mentally competent
3 potential problems that could arise from putting another person on as a signer on a
joint account are: - ANSWER-- 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.... - ANSWER-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.... - ANSWER--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 -
ANSWER--enforce medical decisions
-enforce placement if person is unwilling
A SS rep payee does not have the authority to... - ANSWER--determine residence
-make healthcare decisions
Pro Bono means that the case is.... - ANSWER--non-fee generating
a surrogate guardian may be appointed when the regular guardian is.... - ANSWER--
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... - ANSWER-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... - ANSWER--the ward
-and the attorney may report the guardian's misconduct
It is the responsibility of------ to audit guardian reports - ANSWER--Clerk of Court
A professional guardian must obtain and post with the court annually a blanket
fiduciary bond in the amount of - ANSWER-no less than $50k
3 key components of informed consent are... - ANSWER--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 -
ANSWER--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... - ANSWER-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 - ANSWER--
principle of best interest
Employing the concept of least restrictive alternative means that the guardian will
choose the option that allows the ward...... - ANSWER-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 - ANSWER--POA
-DPOA
-Healthcare surrogate
-Living trust
-co-owner of joint account
Under voluntary guardianship, the ward has the right to... - ANSWER--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.... -
ANSWER-guardian can enforce compliance with medications and placement while a
case manager cannot
An individual may set up a living trust to avoid - ANSWER--probate of estate
-guardianship
questions with verified answers
Surrogate guardian - ANSWER-744.442
a guardian may designate a surrogate guardian to exercise the powers of the
guardian if the guardian is unavailable to act, perhaps due to illness or an extended
vacation
-surrogate guardian may not exceed 30 days
co-guardianships - ANSWER-all guardians must agree and sign guardianship
reports
- not uncommon for two separate guardians to be appointed; one for property and
one for person
guardianship of minors - ANSWER-744.3021
in any case where a minor is a beneficiary under a Will orcas a claim for personal
injury, property damage, or wrongful death in which gross settlement for the claim of
the minor equals or exceeds 15k. court may appoint guardian ad litem to represent
minor's interest.
Role the guardian - ANSWER--advocate for the ward
-surrogate decision-maker
-coordinator and monitor of services
-financial planner and asset manager
Role of the courts - ANSWER--appointing counsel to represent alleged incapacitated
person
-presiding at the adjudicatory hearing and making determination of capacity
-reviewing and approving guardianship initial and annual reports
-adjudicating claims and lawsuits related to guardianship matters
-monitoring the conduct of guardians
Initial/Annual guardian plans - ANSWER-Clerk's office has 30 days to complete the
review once it has been filed and 90 days from the date of filing to complete the
review.
Role of attorneys - ANSWER--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 - ANSWER-Guardian is required to file an initial guardian plan within 60
days after the LOGs have been signed
,Annual guardian plan - ANSWER-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... - ANSWER-- guardianship
-Baker Act
-Protective services
-Involuntary treatment for substance abuse or mental illness
Laws governing guardianship may only be amended or changed by - ANSWER-the
FL Legislature
Each Judicial circuit may impose its own rules and policies in addition to state law... -
ANSWER-True
FL Guardianship laws are found in F.S. Chapter - ANSWER-744
Roles NOT appropriate for a guardian to fill - ANSWER--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 - ANSWER-DOES accept
A plenary guardian means.... - ANSWER-All delegable rights have been removed.
4 major roles of guardian are - ANSWER--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 - ANSWER--inheritance or lawsuit that exceeds $15k
2 major requirements to establish a voluntary guardianship are that the proposed
ward must be - ANSWER--competent and want a guardian
A Veteran's guardianship is established to manage only... - ANSWER--VA funds or
anything derived from those funds
An example of a corporate guardian is.... - ANSWER--Catholic charities
-Luteran ministries program
Public guardians are appointed primarily for what kind of cases? - ANSWER-indigent
and/or when there is nobody else to serve
,Surrogate guardian may be appointed when the regular guardian is - ANSWER--
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? - ANSWER-30 -
unless extended if court approves
Fiduciary is defined as a person who occupies a position of - ANSWER--trust and
acts in the best interests for another person
If the ward wishes to express his religious beliefs the guardian should - ANSWER--
assist the ward in doing so
When the ward would benefit from outings or shopping excursions, the guardian
should - ANSWER-employ an aide or companion to take the ward out
An advantage of preparing a form designating a pre-need guardian is - ANSWER--
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 - ANSWER--
mentally competent
3 potential problems that could arise from putting another person on as a signer on a
joint account are: - ANSWER-- 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.... - ANSWER-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.... - ANSWER--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 -
ANSWER--enforce medical decisions
-enforce placement if person is unwilling
A SS rep payee does not have the authority to... - ANSWER--determine residence
-make healthcare decisions
Pro Bono means that the case is.... - ANSWER--non-fee generating
a surrogate guardian may be appointed when the regular guardian is.... - ANSWER--
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... - ANSWER-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... - ANSWER--the ward
-and the attorney may report the guardian's misconduct
It is the responsibility of------ to audit guardian reports - ANSWER--Clerk of Court
A professional guardian must obtain and post with the court annually a blanket
fiduciary bond in the amount of - ANSWER-no less than $50k
3 key components of informed consent are... - ANSWER--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 -
ANSWER--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... - ANSWER-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 - ANSWER--
principle of best interest
Employing the concept of least restrictive alternative means that the guardian will
choose the option that allows the ward...... - ANSWER-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 - ANSWER--POA
-DPOA
-Healthcare surrogate
-Living trust
-co-owner of joint account
Under voluntary guardianship, the ward has the right to... - ANSWER--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.... -
ANSWER-guardian can enforce compliance with medications and placement while a
case manager cannot
An individual may set up a living trust to avoid - ANSWER--probate of estate
-guardianship
