Guardianship Exam Questions with
Complete Solutions
How does an out-of-State guardian and ward have their arrangement recognized by
Florida? - ANSWER-Within 60 days of the establishment of Florida residency by a
ward who previously lived in another state, the foreign guardian of the ward must file
authenticated copies of his or her appointment with the clerk of Florida court in the
county where the WARD resides. If not Florida residents, a foreign guardian may
maintain or defend any action in Florida as a representative of the ward, but after 60
days there must be a local resident of the guardian.
What is a voluntary guardian? - ANSWER-When a mentally competent adult is
incapable of caring for assets petitions a for appointment of a voluntary guardian of
some or all of their property.
What are the requirements of a voluntary guardian? - ANSWER-Must be petitioned
with the certificate of a licensed physician. Must file a follow-up report from the
physician who examined the ward not more than 90 days before the annual report is
filed. Terminates upon wards death.
What is a limited guardian? - ANSWER-A person who has been appointed by the
Court to exercise only those legal rights and powers specifically designated by the
Court after the Court has found the ward lacks the capacity to do some but not all
tasks necessary for the care of his or her person or property.
What is a plenary guardian? - ANSWER-A person who is appointed by the Court to
exercise ALL delegable 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.
What is a guardian ad litem? - ANSWER-A person appointed by the Court to
represent a ward in a particular legal proceeding.
What is a public guardian? - ANSWER-A person who maintains a staff or contract
with professionally qualified individuals to carry out the guardianship functions. The
term is 4 years. Must submit to a credit history investigation and undergo a level 2
background screening and be available to submit to a level 1 background screening.
What is a veteran's guardian? - ANSWER-Someone who, when the Deparment of
Veteran's affairs is a party to the action when benefits are paid out, when one is
rated incompetent by examination of the DoV affairs dept. The Vet guardian must file
an inventory within 30 days.
What are the requirements of a professional guardian? - ANSWER-Must have a
blanked fiduciary bond of no less than 50k to cover all wards for whom the guardian
is appointed. Must have 40 hours of initial instruction and training, and a minimum of
, 16 hours of continuing education every 2 years. Also has the same background
investigation requirements of a public guardian. Can be appointed at Court's
discretion and must register with the Statewide Public Guardianship Office.
What is a guardian advocate? - ANSWER-A person appointed by a written order of
the Court to represent a person with developmental disabilities.
How can a guardian advocate be appointed? - ANSWER-The Circuit Court can
appoint a guardian advocate for a person with developmental disabilities without an
adjudication of incapacity if the person lack the decision making ability to do some,
BUT NOT ALL of the tasks necessary to care for the person, or property or if the
person petitions to do so. Courts do this as a less restrictive form of guardianship
proceeding.
What is a surrogate guardian? - ANSWER-A professional guardian who is appointed
by the Court to exercise the guardian's powers when the guardian files a petition for
permission to do so not exceeding 30 days without good cause.
What is a "health care decision" consent under FL law? - ANSWER-The informed
consent, refusal of consent or withdrawal of consent to any and all health care,
including life-prolonging procedures and mental health treatment, unless otherwise
stated
What is a "health care decision" benefit under FL law? - ANSWER-Applying for
private, public, government, or veterans' benefits to defray the cost of health care.
What is a "health care decision" re: records under FL law? - ANSWER-All records of
the principle reasonably necessary for a health care surrogate to make decisions
involving the health care and apply for benefits.
What is a "health care decision" re: anatatomical gifts? - ANSWER-The decision to
make anatomical gifts under Chapter 5 of FL statutes.
What is informed consent? - ANSWER-Consent voluntarily given by a person after a
sufficient explanation and disclosure of the subject matter involved to enable that
person to have a general understanding of the treatment or procedure and the
medically acceptable alternatives, including the substantial risks and hazards
inherent in the proposed treatment or procedure and to make a knowing health care
decision without coercion or undue influence.
What is a health care surrogate? - ANSWER-"any competent adult expressly
designated by a principal to make health care decisions on behalf of the principal
upon the principal's incapacity." F .S.765.101 (16).
What are the requirements of a HCS? - ANSWER-One must designate the surrogate
in a writing in the presence of two subscribing adult witnesses. A principal
who is unable to sign may direct that another person sign the principal's name. F.S.
765.202(1). The designated
surrogate may not act as witness and at least one witness must not be a spouse or
blood relative to the principal. F.S.
Complete Solutions
How does an out-of-State guardian and ward have their arrangement recognized by
Florida? - ANSWER-Within 60 days of the establishment of Florida residency by a
ward who previously lived in another state, the foreign guardian of the ward must file
authenticated copies of his or her appointment with the clerk of Florida court in the
county where the WARD resides. If not Florida residents, a foreign guardian may
maintain or defend any action in Florida as a representative of the ward, but after 60
days there must be a local resident of the guardian.
What is a voluntary guardian? - ANSWER-When a mentally competent adult is
incapable of caring for assets petitions a for appointment of a voluntary guardian of
some or all of their property.
What are the requirements of a voluntary guardian? - ANSWER-Must be petitioned
with the certificate of a licensed physician. Must file a follow-up report from the
physician who examined the ward not more than 90 days before the annual report is
filed. Terminates upon wards death.
What is a limited guardian? - ANSWER-A person who has been appointed by the
Court to exercise only those legal rights and powers specifically designated by the
Court after the Court has found the ward lacks the capacity to do some but not all
tasks necessary for the care of his or her person or property.
What is a plenary guardian? - ANSWER-A person who is appointed by the Court to
exercise ALL delegable 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.
What is a guardian ad litem? - ANSWER-A person appointed by the Court to
represent a ward in a particular legal proceeding.
What is a public guardian? - ANSWER-A person who maintains a staff or contract
with professionally qualified individuals to carry out the guardianship functions. The
term is 4 years. Must submit to a credit history investigation and undergo a level 2
background screening and be available to submit to a level 1 background screening.
What is a veteran's guardian? - ANSWER-Someone who, when the Deparment of
Veteran's affairs is a party to the action when benefits are paid out, when one is
rated incompetent by examination of the DoV affairs dept. The Vet guardian must file
an inventory within 30 days.
What are the requirements of a professional guardian? - ANSWER-Must have a
blanked fiduciary bond of no less than 50k to cover all wards for whom the guardian
is appointed. Must have 40 hours of initial instruction and training, and a minimum of
, 16 hours of continuing education every 2 years. Also has the same background
investigation requirements of a public guardian. Can be appointed at Court's
discretion and must register with the Statewide Public Guardianship Office.
What is a guardian advocate? - ANSWER-A person appointed by a written order of
the Court to represent a person with developmental disabilities.
How can a guardian advocate be appointed? - ANSWER-The Circuit Court can
appoint a guardian advocate for a person with developmental disabilities without an
adjudication of incapacity if the person lack the decision making ability to do some,
BUT NOT ALL of the tasks necessary to care for the person, or property or if the
person petitions to do so. Courts do this as a less restrictive form of guardianship
proceeding.
What is a surrogate guardian? - ANSWER-A professional guardian who is appointed
by the Court to exercise the guardian's powers when the guardian files a petition for
permission to do so not exceeding 30 days without good cause.
What is a "health care decision" consent under FL law? - ANSWER-The informed
consent, refusal of consent or withdrawal of consent to any and all health care,
including life-prolonging procedures and mental health treatment, unless otherwise
stated
What is a "health care decision" benefit under FL law? - ANSWER-Applying for
private, public, government, or veterans' benefits to defray the cost of health care.
What is a "health care decision" re: records under FL law? - ANSWER-All records of
the principle reasonably necessary for a health care surrogate to make decisions
involving the health care and apply for benefits.
What is a "health care decision" re: anatatomical gifts? - ANSWER-The decision to
make anatomical gifts under Chapter 5 of FL statutes.
What is informed consent? - ANSWER-Consent voluntarily given by a person after a
sufficient explanation and disclosure of the subject matter involved to enable that
person to have a general understanding of the treatment or procedure and the
medically acceptable alternatives, including the substantial risks and hazards
inherent in the proposed treatment or procedure and to make a knowing health care
decision without coercion or undue influence.
What is a health care surrogate? - ANSWER-"any competent adult expressly
designated by a principal to make health care decisions on behalf of the principal
upon the principal's incapacity." F .S.765.101 (16).
What are the requirements of a HCS? - ANSWER-One must designate the surrogate
in a writing in the presence of two subscribing adult witnesses. A principal
who is unable to sign may direct that another person sign the principal's name. F.S.
765.202(1). The designated
surrogate may not act as witness and at least one witness must not be a spouse or
blood relative to the principal. F.S.
