FLORIDA GUARDIANSHIP EXAM
Professional Guardian Responsibility - ANSWERS-Assisting the
ward in exercising Self-Determination to the fullest extent possible
Professional Guardian Duties - ANSWERS-(1) Arrange appropriate
medical care and treatment
(2) Arrange support and care
(3) Ensure ward is as independent as possible
(4) Protect ward from abuse or neglect
Guardianship Termination - ANSWERS-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 - ANSWERS-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 - ANSWERS-Emancipation
Custodianship
Temporary or Concurrent Custody
Health Care Surrogate
Representative Payee
Emancipation - ANSWERS-Allows minor to become "an adult"
Must be at least 16 to acquire nonage
Temporary or Concurrent Custody - ANSWERS-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 - ANSWERS-If a GAL issue
arises
If natural guardian, dies, is disabled, or incarcerated
Guardian of a Minor Responsibilities - ANSWERS-(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.*
Professional Guardian Responsibility - ANSWERS-Assisting the
ward in exercising Self-Determination to the fullest extent possible
Professional Guardian Duties - ANSWERS-(1) Arrange appropriate
medical care and treatment
(2) Arrange support and care
(3) Ensure ward is as independent as possible
(4) Protect ward from abuse or neglect
Guardianship Termination - ANSWERS-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 - ANSWERS-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 - ANSWERS-Emancipation
Custodianship
Temporary or Concurrent Custody
Health Care Surrogate
Representative Payee
Emancipation - ANSWERS-Allows minor to become "an adult"
Must be at least 16 to acquire nonage
Temporary or Concurrent Custody - ANSWERS-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 - ANSWERS-If a GAL issue
arises
If natural guardian, dies, is disabled, or incarcerated
Guardian of a Minor Responsibilities - ANSWERS-(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.*
