GUARDIANSHIP UPDATED 2026 SET
QUESTIONS AND ANSWERS SURE A+
✔✔What are advanced directives? - ✔✔Legal documents for end-of-life decisions made
when the individual has capacity.
✔✔What is a health care surrogate? - ✔✔A person designated to make health care
decisions on behalf of another.
✔✔What is the role of a healthcare proxy? - ✔✔Appointed by the court to make health
care decisions when no surrogate is named.
✔✔What does Chapter 415 of Florida law address? - ✔✔Protective placement services
to protect vulnerable adults from abuse, neglect, and exploitation.
✔✔What does Chapter 825 address? - ✔✔Criminal penalties and civil remedies for
abuse, neglect, and exploitation of vulnerable adults.
✔✔What are the criminal penalties under Chapter 825? - ✔✔Prosecutions and felonies.
✔✔What civil remedies does Chapter 825 provide? - ✔✔Injunctions, which are court
orders to stop actions preventing abuse, neglect, and exploitation.
✔✔In what situation might Chapter 825 be relevant? - ✔✔If someone is coercing or
exploiting a vulnerable adult for financial gain.
✔✔What are the legal qualifications for a guardian in Florida? - ✔✔Must be 18 years or
older, a resident of Florida or a relative, and have no criminal felonies.
✔✔What disqualifies a person from becoming a guardian? - ✔✔Having criminal
felonies, being incapacitated, or having a history of abuse, neglect, or exploitation.
✔✔What is meant by 'sui juris' in the context of guardianship? - ✔✔Legally competent.
, ✔✔Who may serve as a guardian if they are a nonresident? - ✔✔A nonresident can
serve if they fit statutory relationship categories, such as being a relative.
✔✔What restrictions apply to banks and corporate guardians in Florida? - ✔✔They may
serve as guardians if authorized and must meet registration and bond requirements.
✔✔What factors does Florida Statute Section 744.312 consider for appointing a
guardian? - ✔✔Family relations, relevant experience, financial management, legal
qualifications, and wishes of the incapacitated person.
✔✔What is the preference for appointing guardians according to § 744.312? -
✔✔Family relations and spouses are preferred over non-family.
✔✔What training is required for a professional guardian in Florida? - ✔✔Generally 40
hours of training, along with registration and background checks.
✔✔What ethical consideration is raised by guardianship? - ✔✔Autonomy, as
guardianship can remove a person's rights.
✔✔What should be considered before appointing a guardian? - ✔✔Less restrictive
alternatives should be considered first.
✔✔What constitutes a conflict of interest in guardianship? - ✔✔When a guardian's
financial interests conflict with the best interests of the ward.
✔✔What is undue influence in the context of guardianship? - ✔✔Unjustly influencing a
vulnerable adult to benefit another party.
✔✔What case identified factors for determining undue influence? - ✔✔In re Estate of
Carpenter.
✔✔What are some warning signs of undue influence according to the Carpenter case? -
✔✔Active procurement of testamentary documents and coercive behavior.
✔✔What is the role of protective services under Chapter 415? - ✔✔To address
exploitation and provide protective measures for vulnerable adults.
✔✔What should a firm avoid when considering guardianship? - ✔✔Using guardianship
solely based on family disputes or personal dislikes.
✔✔What is the significance of the wishes of the incapacitated person? - ✔✔The court
must consider their wishes when appointing a guardian.
QUESTIONS AND ANSWERS SURE A+
✔✔What are advanced directives? - ✔✔Legal documents for end-of-life decisions made
when the individual has capacity.
✔✔What is a health care surrogate? - ✔✔A person designated to make health care
decisions on behalf of another.
✔✔What is the role of a healthcare proxy? - ✔✔Appointed by the court to make health
care decisions when no surrogate is named.
✔✔What does Chapter 415 of Florida law address? - ✔✔Protective placement services
to protect vulnerable adults from abuse, neglect, and exploitation.
✔✔What does Chapter 825 address? - ✔✔Criminal penalties and civil remedies for
abuse, neglect, and exploitation of vulnerable adults.
✔✔What are the criminal penalties under Chapter 825? - ✔✔Prosecutions and felonies.
✔✔What civil remedies does Chapter 825 provide? - ✔✔Injunctions, which are court
orders to stop actions preventing abuse, neglect, and exploitation.
✔✔In what situation might Chapter 825 be relevant? - ✔✔If someone is coercing or
exploiting a vulnerable adult for financial gain.
✔✔What are the legal qualifications for a guardian in Florida? - ✔✔Must be 18 years or
older, a resident of Florida or a relative, and have no criminal felonies.
✔✔What disqualifies a person from becoming a guardian? - ✔✔Having criminal
felonies, being incapacitated, or having a history of abuse, neglect, or exploitation.
✔✔What is meant by 'sui juris' in the context of guardianship? - ✔✔Legally competent.
, ✔✔Who may serve as a guardian if they are a nonresident? - ✔✔A nonresident can
serve if they fit statutory relationship categories, such as being a relative.
✔✔What restrictions apply to banks and corporate guardians in Florida? - ✔✔They may
serve as guardians if authorized and must meet registration and bond requirements.
✔✔What factors does Florida Statute Section 744.312 consider for appointing a
guardian? - ✔✔Family relations, relevant experience, financial management, legal
qualifications, and wishes of the incapacitated person.
✔✔What is the preference for appointing guardians according to § 744.312? -
✔✔Family relations and spouses are preferred over non-family.
✔✔What training is required for a professional guardian in Florida? - ✔✔Generally 40
hours of training, along with registration and background checks.
✔✔What ethical consideration is raised by guardianship? - ✔✔Autonomy, as
guardianship can remove a person's rights.
✔✔What should be considered before appointing a guardian? - ✔✔Less restrictive
alternatives should be considered first.
✔✔What constitutes a conflict of interest in guardianship? - ✔✔When a guardian's
financial interests conflict with the best interests of the ward.
✔✔What is undue influence in the context of guardianship? - ✔✔Unjustly influencing a
vulnerable adult to benefit another party.
✔✔What case identified factors for determining undue influence? - ✔✔In re Estate of
Carpenter.
✔✔What are some warning signs of undue influence according to the Carpenter case? -
✔✔Active procurement of testamentary documents and coercive behavior.
✔✔What is the role of protective services under Chapter 415? - ✔✔To address
exploitation and provide protective measures for vulnerable adults.
✔✔What should a firm avoid when considering guardianship? - ✔✔Using guardianship
solely based on family disputes or personal dislikes.
✔✔What is the significance of the wishes of the incapacitated person? - ✔✔The court
must consider their wishes when appointing a guardian.
