GUARDIANSHIP EVALUATION 2026 EXAM
QUESTIONS AND ANSWERS SURE A+
✔✔What is required for incapacity to be established in court? - ✔✔Clear and convincing
evidence.
✔✔What must the court specify if incapacity is found? - ✔✔The exact nature and scope
of the incapacity, the rights removed, and the corresponding legal disabilities.
✔✔What is the role of a guardian under Florida guardianship law? - ✔✔To exercise only
those delegable rights the person lacks capacity to exercise.
✔✔What is the difference between a plenary guardian and a limited guardian? - ✔✔A
plenary guardian has control over both the property and person, while a limited guardian
only manages specific rights the ward cannot exercise.
✔✔What rights can be removed under a limited guardianship? - ✔✔Only those rights
the ward is unable to exercise, as determined by court order.
✔✔What are non-delegable rights under Florida Statute 744.3215? - ✔✔Rights that
cannot be delegated to another person, such as the right to be treated humanely and
with dignity.
✔✔What are examples of rights that can be removed but not delegated? - ✔✔Voting,
marriage, traveling, working, and personally applying for government benefits.
✔✔What are delegable rights under Florida Statute 744.3025? - ✔✔Rights that can be
removed and transferred to the guardian, such as managing property and medical care.
✔✔What happens if a less restrictive alternative to guardianship exists? - ✔✔A guardian
may not be appointed.
, ✔✔What can trigger the end of a guardianship? - ✔✔Death, capacity regained, or a
minor turning into a legal adult.
✔✔What is the timeframe for conducting an adjudicatory hearing after the last report is
filed? - ✔✔Between 10 to 30 days.
✔✔What is required for the guardian to receive fees and expenses? - ✔✔Compliance
with Florida Statute 744 and involvement in the incapacity process.
✔✔What is the key distinction between poor decision-making and legal incapacity? -
✔✔Legal incapacity refers to the inability to exercise specific legal rights, not just
making unwise choices.
✔✔What must the court evaluate under Florida Statute Section 744.3215? - ✔✔The
rights of the alleged incapacitated person into different categories.
✔✔What is the significance of retaining rights that preserve humane treatment? -
✔✔These rights ensure the individual is treated with dignity and respect and cannot be
transferred to a guardian.
✔✔What is the role of a guardian of the person? - ✔✔To manage personal matters
such as healthcare, residence, and daily living.
✔✔What is the role of a guardian of the property? - ✔✔To manage finances, assets,
income, contracts, and all tangible and intangible property.
✔✔What is the implication of a limited guardianship for Aunt Gale? - ✔✔She may retain
some rights while only specific rights related to her incapacity are removed.
✔✔What must be shown for a plenary guardianship to be appropriate? - ✔✔Clear
evidence that the individual cannot manage all personal and financial decisions.
✔✔What is the importance of considering least restrictive alternatives? - ✔✔To ensure
that the individual's rights are preserved as much as possible while addressing their
needs.
✔✔What rights does a plenary guardian control? - ✔✔Rights related to residence,
medical care, daily needs, contracts, finances, assets, and property.
✔✔Why might a plenary guardianship be challenged? - ✔✔If there is insufficient
medical and functional evidence showing total incapacity.
✔✔When is a limited guardian of the person appropriate? - ✔✔If evidence shows the
individual cannot safely manage medication or hygiene.
QUESTIONS AND ANSWERS SURE A+
✔✔What is required for incapacity to be established in court? - ✔✔Clear and convincing
evidence.
✔✔What must the court specify if incapacity is found? - ✔✔The exact nature and scope
of the incapacity, the rights removed, and the corresponding legal disabilities.
✔✔What is the role of a guardian under Florida guardianship law? - ✔✔To exercise only
those delegable rights the person lacks capacity to exercise.
✔✔What is the difference between a plenary guardian and a limited guardian? - ✔✔A
plenary guardian has control over both the property and person, while a limited guardian
only manages specific rights the ward cannot exercise.
✔✔What rights can be removed under a limited guardianship? - ✔✔Only those rights
the ward is unable to exercise, as determined by court order.
✔✔What are non-delegable rights under Florida Statute 744.3215? - ✔✔Rights that
cannot be delegated to another person, such as the right to be treated humanely and
with dignity.
✔✔What are examples of rights that can be removed but not delegated? - ✔✔Voting,
marriage, traveling, working, and personally applying for government benefits.
✔✔What are delegable rights under Florida Statute 744.3025? - ✔✔Rights that can be
removed and transferred to the guardian, such as managing property and medical care.
✔✔What happens if a less restrictive alternative to guardianship exists? - ✔✔A guardian
may not be appointed.
, ✔✔What can trigger the end of a guardianship? - ✔✔Death, capacity regained, or a
minor turning into a legal adult.
✔✔What is the timeframe for conducting an adjudicatory hearing after the last report is
filed? - ✔✔Between 10 to 30 days.
✔✔What is required for the guardian to receive fees and expenses? - ✔✔Compliance
with Florida Statute 744 and involvement in the incapacity process.
✔✔What is the key distinction between poor decision-making and legal incapacity? -
✔✔Legal incapacity refers to the inability to exercise specific legal rights, not just
making unwise choices.
✔✔What must the court evaluate under Florida Statute Section 744.3215? - ✔✔The
rights of the alleged incapacitated person into different categories.
✔✔What is the significance of retaining rights that preserve humane treatment? -
✔✔These rights ensure the individual is treated with dignity and respect and cannot be
transferred to a guardian.
✔✔What is the role of a guardian of the person? - ✔✔To manage personal matters
such as healthcare, residence, and daily living.
✔✔What is the role of a guardian of the property? - ✔✔To manage finances, assets,
income, contracts, and all tangible and intangible property.
✔✔What is the implication of a limited guardianship for Aunt Gale? - ✔✔She may retain
some rights while only specific rights related to her incapacity are removed.
✔✔What must be shown for a plenary guardianship to be appropriate? - ✔✔Clear
evidence that the individual cannot manage all personal and financial decisions.
✔✔What is the importance of considering least restrictive alternatives? - ✔✔To ensure
that the individual's rights are preserved as much as possible while addressing their
needs.
✔✔What rights does a plenary guardian control? - ✔✔Rights related to residence,
medical care, daily needs, contracts, finances, assets, and property.
✔✔Why might a plenary guardianship be challenged? - ✔✔If there is insufficient
medical and functional evidence showing total incapacity.
✔✔When is a limited guardian of the person appropriate? - ✔✔If evidence shows the
individual cannot safely manage medication or hygiene.
