Questions with Verified Answers Graded A+
1. What actions of a guardian do NOT require court approval?: 1. Retain
assets owned by ward
2. Receive assets
3. Vote securities
4. Insure assets; insure self against liability
5. Pay taxes/assessments on ward's property
6. Pay valid encumbrances against ward's property
7. Pay reasonable living expenses for ward
8. Elect whether to dissent from will
9. Hold a security in name of nominee w/o disclosure to ward
2. Who is an independent constitutional elected officer, acts as a
"check and balance" in government, collects and disburses
fees/assessments, processes and maintains court documents, and audits
reports of guardians?: The Clerk of the Court
3. What is the definition of a guardian?: A person appointed by the court
to act on behalf of a ward's person, property, or both.
4. What is the intent of Chapter 744?: To allow the incapacitated person to
partic- ipate in decisions as much as possible.
5. Guardianship is the choice of
, to establish the means of protection and
supervision.: last resort; least restrictive
6. What is always a part of the guardianship plan?: Restoration of rights
7. What are the two broad categories of guardianship?: Public and Private
8. What are the two types of private guardians?: Professional and
, Florida Guardianship State Test-Genera
Questions with Verified Answers Graded A+
nonprofession- al
9. What type of guardian is appointed after the petition to determine
ca- pacity but before a permanent guardian is appointed?: Emergency
Temporary Guardian
10. How long does an ETG's authority last?: 90 days or until a
guardian is appointed
11. When must an ETG file a final report?: 30 days after the expiration
of the guardianship
12. In what year was limited guardianship instituted in Florida?: 1989
13. What is the definition of a limited guardianship?: The court must find
the ward lacks capacity to do some, but not all, tasks to care for his/her person
or property. The guardian exercises only the rights specifically delegated by the
court.
14. What rights does a plenary guardian exercise?: All the ward's
delegable rights.
15. What is a standby guardian?: The current guardian petitions for
someone to assume guardianship duties upon death or adjudication of
incapacity of last surviving natural or appointed guardian.
16. What is a VA Guardianship?: Guardianship for wards entitled to receive
veter- ans' benefits.
17. In the event of a conflict between general guardianship law and
Veteran's Guardianship law, which one prevails?: Veteran's Guardianship
law
18. Who are natural guardians?: Parents
, Florida Guardianship State Test-Genera
Questions with Verified Answers Graded A+
19. If parents divorce, to whom does guardianship go?: The parent
awarded custody of the child. If joint custody, both are guardians.
20. When might guardianship of a minor occur?: When parents are
injured/inca- pacitated; when single parent healthy but unavailable (e.g. on
active military duty)
21. Guardianship for a minor is a guardianship.: plenary
22. A legal guardianship for a minor is required if the
minor receives a settle- ment of over .: $15,000
23. This type of guardianship is a written declaration (also signed by
two witnesses) by a competent adult naming a guardian in the event of
incapaci- ty.: Pre-need guardianship
24. What kind of guardian is appointed for a ward who moves to another
state or country?: A foreign guardian.
25. In Florida, a foreign guardian must file an order of appointment with
the clerk of court in the county of the ward's residence within how many
days?: 60
26. What is a resident guardian of a non-resident ward's property?: One
who handles property in Florida when the ward resides in another state
27. What is a voluntary guardianship?: A guardianship where the ward is
mentally competent but incapable of managing their estate because of age or
physical infirmity. Created without adjudication of incapacity. Physician
certification required showing ward understands the nature of the guardianship.
28. A is appointed by the court to make
mental health treatment decisions on behalf of a patient found incompetent
to consent to treatment under the Florida Mental Health Law.: guardian