Guardianship state Final Review 2024: Questions and 100% Correct Answers
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Course
Florida Guardian
Institution
Florida Guardian
Guardianship state Final Review 2024: Questions and 100% Correct Answers
Florida Guardianship Chapter - ANSWER 744
Plenary Guardianship - ANSWER Total loss of rights of a person; Guardian can make all decisions regarding healthcare, and financial
Incompetency was replaced by... ...
Plenary Guardianship - ANSWER Total loss of rights of a person; Guardian can
make all decisions regarding healthcare, and financial
Incompetency was replaced by... - ANSWER Incapacity
A
Qualifications to serve as a guardian.... - ANSWER 1- over the age of 18
VI
2- no felony charges
3- not a service provider
4- never charged with abuse, abandonment, or neglect
TU
5- not a creditor
Qualifications Florida Statute - ANSWER
IS 744.309
Criminal investigation statute - ANSWER 744.3135
Criminal investigation statute terms - ANSWER guardians, including all of their
employees that have a fiduciary responsibility to the guardian's wards undergo LEVEL 2
M
criminal investigations initially, then every 5 years. It is completed VIA Electronic
fingerprinting . A LEVEL 1 must be conducted every 2 years
O
Blanket Fiduciary Bond - ANSWER Each professional guardian who files a petition
for appointment is required to post a blanket fiduciary bond with the clerk of the court in
A
the county where the guardian's primary place of business is located. The bond must be
in the amount of $50,000. Annual premium can range from 250-500
N
Registration - ANSWER Each guardian must register with the OPPG, formally
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SPGO. you need:
1- completion of 40-hour course
2- letter indicating passage of state exam
3- copy of 50,000 blanket bond
4- credit history report
5- check for registration fee- $35
,Parens Patrie - ANSWER "King as Father"- responsibility and protection and care
for the mentally disabled person with the King. Current practices recognize the state as
the "Father".
Guardian Advocate for mentally ill - ANSWER 394.4598
-Persona appointed to make medical and mental health decisions for an individual who
has been hospitalized under FS 394
Guardian Advocate - ANSWER Appoints guardian for people who have
A
developmental disabilities. Once appointed, the guardian advocate is governed by FS
744 and must abide by same requirements as other court appointed guardians
VI
Pre-need guardian - ANSWER 744.3045
- Competent adult may name a preneed guardian to serve in the event of becoming
TU
incapacitated. Written declaration can be filed with the clerk of court
- Within 20 days after assuming duties, the preneed guardian must petition the court for
confirmation of appointment
IS
Natural Guardian - ANSWER 744.301
-Mother and father
-Or parent who holds sole custody
-Or mother who gave birth out of wedlock
M
Voluntary Guardian - ANSWER 744.341
O
-petition for appointment of a guardian must be accompanied by a certificate of licensed
physician specifying he or she has examined the petitioner and that the petitioner is
competent to understand
A
Advantages for ward under voluntary guardianship - ANSWER - receive copies of
N
initial and annual reports
-approve or disapprove actions of guardian
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-approve or disapprove of guardian fees
-terminate the guardianship at any time as long as he or she is competent
Emergency Temporary Guardianship - ANSWER 744.3031
-Prior to appointment of a guardian but after a petition for determination has been filed,
appoint an emergency temporary guardian for the person or property, or both of an
alleged incapacitated person.
-court must find there appears to be imminent danger that the physical or mental health
or safety of the person will be seriously impaired. Or that the property is in danger of
, being wasted. The Temp. guardianship ends after 90 days or when the temp. guardian
becomes permanent ,whichever comes first
Plenary Guardianship - ANSWER 744.102
-guardian can exercise all delegable legal rights and powers
Limited guardianship - ANSWER 744.102
-appointed by the court to exercise only those rights specifically designated by the court
order which has been entered after the court has found the incapacitated person lacks
A
capacity.
-the ward will receive notice of petitions and reports because there is assumed some
VI
degree of capacity under a limited guardianship
Standby guardian - ANSWER 744.304
TU
-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
IS
Veterans guardianship - ANSWER 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
M
Appointment of VA Guardian - ANSWER 744.613
O
-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
A
court, then initial and annual plans must be completed
N
Inventory of Ward's property - ANSWER 744.621
-guardian must file with the circuit court and veteran's administration an inventory of the
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ward's property within 30 days
-failing to submit initial = discharge of guardian
Guardian compensation - ANSWER -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 - ANSWER 744.309
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