GUARDIANSHIP EXAM STUDY 2026 GUIDE
QUESTIONS AND ANSWERS SURE A+
✔✔What is the role of a professional fiduciary? - ✔✔To manage the financial affairs and
assets of individuals who are unable to do so themselves.
✔✔What should the firm recommend if Gale has capacity but is making poor decisions?
- ✔✔Less restrictive alternatives such as a durable power of attorney or a professional
fiduciary.
✔✔What is the significance of the term 'in-home caregiver' in guardianship discussions?
- ✔✔It refers to a professional who provides assistance to individuals in their own
homes, helping them maintain independence.
✔✔What is the potential consequence of appointing Georgie as a guardian? - ✔✔His
conflict of interest and risk of undue influence make him a poor candidate.
✔✔What is a voluntary guardianship? - ✔✔A guardianship that an individual agrees to,
recognizing their own limitations in managing their affairs.
✔✔What should be done if there is immediate danger to Gale's well-being? - ✔✔File a
petition to determine incapacity and seek an emergency temporary guardian.
✔✔What are the risks associated with Georgie's influence over Gale? - ✔✔Financial
exploitation, medication misuse, and isolation from support systems.
✔✔What is the purpose of a property management agreement? - ✔✔To outline the
responsibilities and authority of a person or entity managing another's property.
✔✔What does the term 'asset dissipation' refer to? - ✔✔The unauthorized or improper
use of an individual's assets, potentially leading to financial loss.
, ✔✔What is the role of a three-member examining committee in Florida guardianship
cases? - ✔✔To assess the alleged incapacitated person's condition and provide
recommendations to the court.
✔✔What is the primary goal of Florida guardianship law? - ✔✔To use the least
restrictive alternative and protect the rights of individuals while addressing their needs.
✔✔ What is the purpose of a guardianship under Florida Statutes? - ✔✔To remove all
or some rights of a person who is unable to make decisions and delegate those rights to
a guardian.
✔✔What is a plenary guardianship? - ✔✔A guardianship for both the person and
property that requires all delegable rights to be exercised by a guardian.
✔✔Why might a plenary guardianship not be suitable for Aunt Gale? - ✔✔Because she
is not totally incapacitated and retains some capacity to exercise her rights.
✔✔What is a limited guardianship? - ✔✔A guardianship where the individual retains
some rights, with only specific rights removed by court order.
✔✔What are some less restrictive alternatives to guardianship for Aunt Gale? -
✔✔Professional fiduciary, property manager, trust, healthcare surrogate, and in-home
caregiver.
✔✔What is the significance of Florida Statute Section 744.331? - ✔✔It outlines the
procedures for determining incapacity and the requirements for appointing a guardian.
✔✔What must the court consider before appointing a guardian under Florida Statutes? -
✔✔Whether there is an alternative to guardianship that sufficiently addresses the
problems of the incapacitated person.
✔✔What is required for a person to be deemed incapacitated in Florida? - ✔✔Clear and
convincing evidence, including a petition for incapacity, an adjudicatory hearing, and
examination by a three-member committee.
✔✔What is the role of the three-member examining committee in the incapacity
process? - ✔✔To personally examine the alleged incapacitated person and file a written
report on their findings.
✔✔What is an emergency temporary guardian? - ✔✔A guardian appointed to protect an
alleged incapacitated person from imminent harm before a final determination of
incapacity.
✔✔How long does an emergency temporary guardianship last in Florida? - ✔✔90 days.
QUESTIONS AND ANSWERS SURE A+
✔✔What is the role of a professional fiduciary? - ✔✔To manage the financial affairs and
assets of individuals who are unable to do so themselves.
✔✔What should the firm recommend if Gale has capacity but is making poor decisions?
- ✔✔Less restrictive alternatives such as a durable power of attorney or a professional
fiduciary.
✔✔What is the significance of the term 'in-home caregiver' in guardianship discussions?
- ✔✔It refers to a professional who provides assistance to individuals in their own
homes, helping them maintain independence.
✔✔What is the potential consequence of appointing Georgie as a guardian? - ✔✔His
conflict of interest and risk of undue influence make him a poor candidate.
✔✔What is a voluntary guardianship? - ✔✔A guardianship that an individual agrees to,
recognizing their own limitations in managing their affairs.
✔✔What should be done if there is immediate danger to Gale's well-being? - ✔✔File a
petition to determine incapacity and seek an emergency temporary guardian.
✔✔What are the risks associated with Georgie's influence over Gale? - ✔✔Financial
exploitation, medication misuse, and isolation from support systems.
✔✔What is the purpose of a property management agreement? - ✔✔To outline the
responsibilities and authority of a person or entity managing another's property.
✔✔What does the term 'asset dissipation' refer to? - ✔✔The unauthorized or improper
use of an individual's assets, potentially leading to financial loss.
, ✔✔What is the role of a three-member examining committee in Florida guardianship
cases? - ✔✔To assess the alleged incapacitated person's condition and provide
recommendations to the court.
✔✔What is the primary goal of Florida guardianship law? - ✔✔To use the least
restrictive alternative and protect the rights of individuals while addressing their needs.
✔✔ What is the purpose of a guardianship under Florida Statutes? - ✔✔To remove all
or some rights of a person who is unable to make decisions and delegate those rights to
a guardian.
✔✔What is a plenary guardianship? - ✔✔A guardianship for both the person and
property that requires all delegable rights to be exercised by a guardian.
✔✔Why might a plenary guardianship not be suitable for Aunt Gale? - ✔✔Because she
is not totally incapacitated and retains some capacity to exercise her rights.
✔✔What is a limited guardianship? - ✔✔A guardianship where the individual retains
some rights, with only specific rights removed by court order.
✔✔What are some less restrictive alternatives to guardianship for Aunt Gale? -
✔✔Professional fiduciary, property manager, trust, healthcare surrogate, and in-home
caregiver.
✔✔What is the significance of Florida Statute Section 744.331? - ✔✔It outlines the
procedures for determining incapacity and the requirements for appointing a guardian.
✔✔What must the court consider before appointing a guardian under Florida Statutes? -
✔✔Whether there is an alternative to guardianship that sufficiently addresses the
problems of the incapacitated person.
✔✔What is required for a person to be deemed incapacitated in Florida? - ✔✔Clear and
convincing evidence, including a petition for incapacity, an adjudicatory hearing, and
examination by a three-member committee.
✔✔What is the role of the three-member examining committee in the incapacity
process? - ✔✔To personally examine the alleged incapacitated person and file a written
report on their findings.
✔✔What is an emergency temporary guardian? - ✔✔A guardian appointed to protect an
alleged incapacitated person from imminent harm before a final determination of
incapacity.
✔✔How long does an emergency temporary guardianship last in Florida? - ✔✔90 days.
