GUARDIANSHIP ACTUAL UPDATED LATEST
QUESTIONS AND ANSWERS SURE A+
✔✔What is the primary concern for appointing a guardian of the person for Aunt Gale? -
✔✔Her ability to manage medication and hygiene due to possible alcohol misuse.
✔✔What is the difference between a guardian of the person and a guardian of
property? - ✔✔The former manages personal care and living conditions, while the latter
manages financial and property matters.
✔✔What does Florida Statute 744.108 state about guardian fees? - ✔✔Guardians
cannot receive fees and expenses if it complies with the incapacity process.
✔✔What is a potential issue with appointing a plenary guardian for Aunt Gale? - ✔✔It
may be too broad if she does not lack all decision-making ability.
✔✔What factors should be considered when appointing a guardian advocate? - ✔✔The
person's unique needs and abilities, delegating only necessary tasks.
✔✔What is the significance of the term 'imminent harm' in guardianship? - ✔✔It refers
to the immediate risk that justifies the appointment of an emergency temporary
guardian.
✔✔What happens at the termination of an emergency temporary guardianship? -
✔✔The guardian must file a final report detailing their actions and the person's
condition.
✔✔What is the implication of not having an adjudication of incapacity for voluntary
guardianship? - ✔✔It allows individuals to retain dignity and control while receiving
necessary assistance.
, ✔✔Why might Aunt Gale prefer a voluntary guardianship? - ✔✔To receive help with
property management without being declared incapacitated.
✔✔What is required for a stepparent to become a natural guardian? - ✔✔The
stepparent must adopt the child or separately petition for guardianship.
✔✔Under Florida statute 744.387, what is required for settlements over $15,000 for
minors? - ✔✔A guardian must be appointed.
✔✔What is the role of a guardian ad litem in settlements over $50,000? - ✔✔The
guardian ad litem reviews, approves, and presents the settlement to the court.
✔✔What does Florida Probate rule 5.555 govern? - ✔✔It governs the requirements for
minors in claims, such as notice.
✔✔What is a surrogate guardian? - ✔✔A professional guardian who temporarily takes
the place of another guardian.
✔✔What is a successor guardian? - ✔✔A guardian that replaces the original guardian if
they die, are removed, or become unavailable.
✔✔What are the requirements for a professional guardian in Florida? - ✔✔They must
complete 40 hours of training, pass a criminal check, credit check, and pay a $50,000
bond.
✔✔What is the training requirement for a family guardian? - ✔✔A family guardian must
complete an 8-hour training and certification course.
✔✔What is a standby guardian? - ✔✔A guardian chosen by a person that must be
approved within 20 days and meet all requirements.
✔✔What defines a natural guardian under Florida statute 744.301? - ✔✔A natural
guardian must be related to the incapacitated person and is presumed to be a blood
parent or adoptive parent.
✔✔What is a foreign guardian? - ✔✔A guardian who is not a Florida resident, must be a
relative, and can only manage property.
✔✔What is a less restrictive alternative to guardianship? - ✔✔A pre-need declaration
allows a person to designate a future guardian, which the court usually follows unless
it's not in the best interest of the child.
✔✔What is a durable power of attorney? - ✔✔A power of attorney that survives
incapacity and allows a fiduciary to manage the grantor's affairs.
QUESTIONS AND ANSWERS SURE A+
✔✔What is the primary concern for appointing a guardian of the person for Aunt Gale? -
✔✔Her ability to manage medication and hygiene due to possible alcohol misuse.
✔✔What is the difference between a guardian of the person and a guardian of
property? - ✔✔The former manages personal care and living conditions, while the latter
manages financial and property matters.
✔✔What does Florida Statute 744.108 state about guardian fees? - ✔✔Guardians
cannot receive fees and expenses if it complies with the incapacity process.
✔✔What is a potential issue with appointing a plenary guardian for Aunt Gale? - ✔✔It
may be too broad if she does not lack all decision-making ability.
✔✔What factors should be considered when appointing a guardian advocate? - ✔✔The
person's unique needs and abilities, delegating only necessary tasks.
✔✔What is the significance of the term 'imminent harm' in guardianship? - ✔✔It refers
to the immediate risk that justifies the appointment of an emergency temporary
guardian.
✔✔What happens at the termination of an emergency temporary guardianship? -
✔✔The guardian must file a final report detailing their actions and the person's
condition.
✔✔What is the implication of not having an adjudication of incapacity for voluntary
guardianship? - ✔✔It allows individuals to retain dignity and control while receiving
necessary assistance.
, ✔✔Why might Aunt Gale prefer a voluntary guardianship? - ✔✔To receive help with
property management without being declared incapacitated.
✔✔What is required for a stepparent to become a natural guardian? - ✔✔The
stepparent must adopt the child or separately petition for guardianship.
✔✔Under Florida statute 744.387, what is required for settlements over $15,000 for
minors? - ✔✔A guardian must be appointed.
✔✔What is the role of a guardian ad litem in settlements over $50,000? - ✔✔The
guardian ad litem reviews, approves, and presents the settlement to the court.
✔✔What does Florida Probate rule 5.555 govern? - ✔✔It governs the requirements for
minors in claims, such as notice.
✔✔What is a surrogate guardian? - ✔✔A professional guardian who temporarily takes
the place of another guardian.
✔✔What is a successor guardian? - ✔✔A guardian that replaces the original guardian if
they die, are removed, or become unavailable.
✔✔What are the requirements for a professional guardian in Florida? - ✔✔They must
complete 40 hours of training, pass a criminal check, credit check, and pay a $50,000
bond.
✔✔What is the training requirement for a family guardian? - ✔✔A family guardian must
complete an 8-hour training and certification course.
✔✔What is a standby guardian? - ✔✔A guardian chosen by a person that must be
approved within 20 days and meet all requirements.
✔✔What defines a natural guardian under Florida statute 744.301? - ✔✔A natural
guardian must be related to the incapacitated person and is presumed to be a blood
parent or adoptive parent.
✔✔What is a foreign guardian? - ✔✔A guardian who is not a Florida resident, must be a
relative, and can only manage property.
✔✔What is a less restrictive alternative to guardianship? - ✔✔A pre-need declaration
allows a person to designate a future guardian, which the court usually follows unless
it's not in the best interest of the child.
✔✔What is a durable power of attorney? - ✔✔A power of attorney that survives
incapacity and allows a fiduciary to manage the grantor's affairs.
