GUARDIANSHIP EXAMINERS 2026 MAIN
QUESTIONS AND ANSWERS SURE A+
✔✔Standby guardian - ✔✔744.304
-given the power to serve as guardian in the event the currently serving guardian dies or
becomes incapacitated himself.
-Allows for continuity of care of the ward
✔✔Veterans guardianship - ✔✔744.602
-Veterans Administration may determine that a person who is receiving a veteran's
pension is not able to manage these funds and requires someone to do this for him.
-Veteran's Administration is the petitioner for the appointment of a guardian
✔✔Appointment of VA Guardian - ✔✔744.613
-Veteran's Guardianship is over ward's property only, so initial and annual plans are not
required
-However, if the ward has also been adjudicated as being incapacitated through the
court, then initial and annual plans must be completed
✔✔Inventory of Ward's property - ✔✔744.621
-guardian must file with the circuit court and veteran's administration an inventory of the
ward's property within 30 days
-failing to submit initial = discharge of guardian
✔✔Guardian compensation - ✔✔-must not exceed 5% of the VA income of the ward
during any year
-Attorney's fees for filing the petition and conducting proceedings shall be fixed by the
court and not exceed $250
✔✔Corporate Guardian - ✔✔744.309
-Appointment of trust company, state bank, savings association, or national bank or
federal savings and loan association to serve as guardian of the property only.
-However, a non-profit may serve as guardian of the person and property of the ward
,✔✔Public guardians - ✔✔744.702
-Public guardian is established to take on indigent cases
✔✔Pro bono work - ✔✔for free
✔✔Foreign guardian - ✔✔744.306
-when the residence of a ward of a foreign guardian (one appointed as guardian in
another state) is moved to this stated
-foreign guardian must, within 60 days file the authenticated order
✔✔Resident guardian of the property of a non-resident ward - ✔✔744.308
-Court may appoint a person qualified under 744.309 as guardian of a nonresident
ward's property upon the petition of a foreign guardian, next of kin, or creditor
✔✔Successor guardian - ✔✔744.471
- successor guardian will be appointed if a guardian is removed, becomes
incapacitated, or dies.
✔✔Surrogate guardian - ✔✔744.442
a guardian may designate a surrogate guardian to exercise the powers of the guardian
if the guardian is unavailable to act, perhaps due to illness or an extended vacation
-surrogate guardian may not exceed 30 days
✔✔co-guardianships - ✔✔all guardians must agree and sign guardianship reports
- not uncommon for two separate guardians to be appointed; one for property and one
for person
✔✔guardianship of minors - ✔✔744.3021
in any case where a minor is a beneficiary under a Will orcas a claim for personal injury,
property damage, or wrongful death in which gross settlement for the claim of the minor
equals or exceeds 15k. court may appoint guardian ad litem to represent minor's
interest.
✔✔Role the guardian - ✔✔-advocate for the ward
-surrogate decision-maker
-coordinator and monitor of services
-financial planner and asset manager
✔✔Role of the courts - ✔✔-appointing counsel to represent alleged incapacitated
person
-presiding at the adjudicatory hearing and making determination of capacity
-reviewing and approving guardianship initial and annual reports
-adjudicating claims and lawsuits related to guardianship matters
-monitoring the conduct of guardians
,✔✔Initial/Annual guardian plans - ✔✔Clerk's office has 30 days to complete the review
once it has been filed and 90 days from the date of filing to complete the review.
✔✔Role of attorneys - ✔✔-To represent alleged incapacitated persons during
proceedings
-Last duty is to review initial plan and inventory then they are dismissed
-Known as Attorney of Record
✔✔Initial report - ✔✔Guardian is required to file an initial guardian plan within 60 days
after the LOGs have been signed
✔✔Annual guardian plan - ✔✔Guardian must file a report within 90 days after the end
of the reporting year that lists the ward's residences during the year, medical treatment
provided, and if the guardian will request restoration of any rights.
✔✔Parens Patriae has given rise to the states' authority to intervene in an individual's
life in order to protect the person from harming himself or others in the following ways...
- ✔✔- guardianship
-Baker Act
-Protective services
-Involuntary treatment for substance abuse or mental illness
✔✔Laws governing guardianship may only be amended or changed by - ✔✔the FL
Legislature
✔✔Each Judicial circuit may impose its own rules and policies in addition to state law...
- ✔✔True
✔✔FL Guardianship laws are found in F.S. Chapter - ✔✔744
✔✔Roles NOT appropriate for a guardian to fill - ✔✔-surrogate family
-caregiver
-therapist
-re-former
-companion
-warden or savior
✔✔The state of FL ------- recognize and accept an order Adjudicating incapacity that
was filed in another state - ✔✔DOES accept
✔✔A plenary guardian means.... - ✔✔All delegable rights have been removed.
✔✔4 major roles of guardian are - ✔✔-advocate for ward
-surrogate decision-maker
, -Administer and monitor services
-financial planner/asset manager
✔✔A minor's guardianship will be established when a child under the age of 18 receives
funds as a result of - ✔✔-inheritance or lawsuit that exceeds $15k
✔✔2 major requirements to establish a voluntary guardianship are that the proposed
ward must be - ✔✔-competent and want a guardian
✔✔A Veteran's guardianship is established to manage only... - ✔✔-VA funds or
anything derived from those funds
✔✔An example of a corporate guardian is.... - ✔✔-Catholic charities
-Luteran ministries program
✔✔Public guardians are appointed primarily for what kind of cases? - ✔✔indigent
and/or when there is nobody else to serve
✔✔Surrogate guardian may be appointed when the regular guardian is - ✔✔-unable to
serve due to illness or on an extended vacation and unable to be reached
✔✔The authority of a surrogate guardian is good for how many days? - ✔✔30 -unless
extended if court approves
✔✔Fiduciary is defined as a person who occupies a position of - ✔✔-trust and acts in
the best interests for another person
✔✔If the ward wishes to express his religious beliefs the guardian should - ✔✔-assist
the ward in doing so
✔✔When the ward would benefit from outings or shopping excursions, the guardian
should - ✔✔employ an aide or companion to take the ward out
✔✔An advantage of preparing a form designating a pre-need guardian is - ✔✔-the
person may choose who he wants to be his guardian
✔✔A durable power of attorney may only be signed by a person who is - ✔✔-mentally
competent
✔✔3 potential problems that could arise from putting another person on as a signer on
a joint account are: - ✔✔- potential tax liens
-may disqualify person for public benefits
-co-signer can clean out the account
QUESTIONS AND ANSWERS SURE A+
✔✔Standby guardian - ✔✔744.304
-given the power to serve as guardian in the event the currently serving guardian dies or
becomes incapacitated himself.
-Allows for continuity of care of the ward
✔✔Veterans guardianship - ✔✔744.602
-Veterans Administration may determine that a person who is receiving a veteran's
pension is not able to manage these funds and requires someone to do this for him.
-Veteran's Administration is the petitioner for the appointment of a guardian
✔✔Appointment of VA Guardian - ✔✔744.613
-Veteran's Guardianship is over ward's property only, so initial and annual plans are not
required
-However, if the ward has also been adjudicated as being incapacitated through the
court, then initial and annual plans must be completed
✔✔Inventory of Ward's property - ✔✔744.621
-guardian must file with the circuit court and veteran's administration an inventory of the
ward's property within 30 days
-failing to submit initial = discharge of guardian
✔✔Guardian compensation - ✔✔-must not exceed 5% of the VA income of the ward
during any year
-Attorney's fees for filing the petition and conducting proceedings shall be fixed by the
court and not exceed $250
✔✔Corporate Guardian - ✔✔744.309
-Appointment of trust company, state bank, savings association, or national bank or
federal savings and loan association to serve as guardian of the property only.
-However, a non-profit may serve as guardian of the person and property of the ward
,✔✔Public guardians - ✔✔744.702
-Public guardian is established to take on indigent cases
✔✔Pro bono work - ✔✔for free
✔✔Foreign guardian - ✔✔744.306
-when the residence of a ward of a foreign guardian (one appointed as guardian in
another state) is moved to this stated
-foreign guardian must, within 60 days file the authenticated order
✔✔Resident guardian of the property of a non-resident ward - ✔✔744.308
-Court may appoint a person qualified under 744.309 as guardian of a nonresident
ward's property upon the petition of a foreign guardian, next of kin, or creditor
✔✔Successor guardian - ✔✔744.471
- successor guardian will be appointed if a guardian is removed, becomes
incapacitated, or dies.
✔✔Surrogate guardian - ✔✔744.442
a guardian may designate a surrogate guardian to exercise the powers of the guardian
if the guardian is unavailable to act, perhaps due to illness or an extended vacation
-surrogate guardian may not exceed 30 days
✔✔co-guardianships - ✔✔all guardians must agree and sign guardianship reports
- not uncommon for two separate guardians to be appointed; one for property and one
for person
✔✔guardianship of minors - ✔✔744.3021
in any case where a minor is a beneficiary under a Will orcas a claim for personal injury,
property damage, or wrongful death in which gross settlement for the claim of the minor
equals or exceeds 15k. court may appoint guardian ad litem to represent minor's
interest.
✔✔Role the guardian - ✔✔-advocate for the ward
-surrogate decision-maker
-coordinator and monitor of services
-financial planner and asset manager
✔✔Role of the courts - ✔✔-appointing counsel to represent alleged incapacitated
person
-presiding at the adjudicatory hearing and making determination of capacity
-reviewing and approving guardianship initial and annual reports
-adjudicating claims and lawsuits related to guardianship matters
-monitoring the conduct of guardians
,✔✔Initial/Annual guardian plans - ✔✔Clerk's office has 30 days to complete the review
once it has been filed and 90 days from the date of filing to complete the review.
✔✔Role of attorneys - ✔✔-To represent alleged incapacitated persons during
proceedings
-Last duty is to review initial plan and inventory then they are dismissed
-Known as Attorney of Record
✔✔Initial report - ✔✔Guardian is required to file an initial guardian plan within 60 days
after the LOGs have been signed
✔✔Annual guardian plan - ✔✔Guardian must file a report within 90 days after the end
of the reporting year that lists the ward's residences during the year, medical treatment
provided, and if the guardian will request restoration of any rights.
✔✔Parens Patriae has given rise to the states' authority to intervene in an individual's
life in order to protect the person from harming himself or others in the following ways...
- ✔✔- guardianship
-Baker Act
-Protective services
-Involuntary treatment for substance abuse or mental illness
✔✔Laws governing guardianship may only be amended or changed by - ✔✔the FL
Legislature
✔✔Each Judicial circuit may impose its own rules and policies in addition to state law...
- ✔✔True
✔✔FL Guardianship laws are found in F.S. Chapter - ✔✔744
✔✔Roles NOT appropriate for a guardian to fill - ✔✔-surrogate family
-caregiver
-therapist
-re-former
-companion
-warden or savior
✔✔The state of FL ------- recognize and accept an order Adjudicating incapacity that
was filed in another state - ✔✔DOES accept
✔✔A plenary guardian means.... - ✔✔All delegable rights have been removed.
✔✔4 major roles of guardian are - ✔✔-advocate for ward
-surrogate decision-maker
, -Administer and monitor services
-financial planner/asset manager
✔✔A minor's guardianship will be established when a child under the age of 18 receives
funds as a result of - ✔✔-inheritance or lawsuit that exceeds $15k
✔✔2 major requirements to establish a voluntary guardianship are that the proposed
ward must be - ✔✔-competent and want a guardian
✔✔A Veteran's guardianship is established to manage only... - ✔✔-VA funds or
anything derived from those funds
✔✔An example of a corporate guardian is.... - ✔✔-Catholic charities
-Luteran ministries program
✔✔Public guardians are appointed primarily for what kind of cases? - ✔✔indigent
and/or when there is nobody else to serve
✔✔Surrogate guardian may be appointed when the regular guardian is - ✔✔-unable to
serve due to illness or on an extended vacation and unable to be reached
✔✔The authority of a surrogate guardian is good for how many days? - ✔✔30 -unless
extended if court approves
✔✔Fiduciary is defined as a person who occupies a position of - ✔✔-trust and acts in
the best interests for another person
✔✔If the ward wishes to express his religious beliefs the guardian should - ✔✔-assist
the ward in doing so
✔✔When the ward would benefit from outings or shopping excursions, the guardian
should - ✔✔employ an aide or companion to take the ward out
✔✔An advantage of preparing a form designating a pre-need guardian is - ✔✔-the
person may choose who he wants to be his guardian
✔✔A durable power of attorney may only be signed by a person who is - ✔✔-mentally
competent
✔✔3 potential problems that could arise from putting another person on as a signer on
a joint account are: - ✔✔- potential tax liens
-may disqualify person for public benefits
-co-signer can clean out the account
