Florida Guardianship Exam Questions And Answers
What is disabled? - ANS Inability to make decisions that promote one's well being in conformity with one's own values and preferences. Non-legal.
What is incapacitated? - ANS A legal term, statutorily designed, when one is determined by th...
What is disabled? - ANS Inability to make decisions that promote one's well being in
conformity with one's own values and preferences. Non-legal.
What is incapacitated? - ANS A legal term, statutorily designed, when one is determined by
the guardianship court to lack the capacity to manage at least some property to to meet at least
some of his or her essential health and safety requirements.
What is the biggest disadvantage of Guardianship? - ANS Court interaction enforcing strict
laws, causing delays and great expense.
What are some advantages to Guardianship? - ANS The Court acts as a guardian angel,
preventing issues from occurring, regular financial disclosures, and responding to needs estate
planners may not respond to or understand.
What is required for a pre-need guardian to be valid? - ANS It must be signed in the presence
of two witnesses at the same time.
What is the assumption created with a pre-need guardian? - ANS It creates a rebuttable
assumption that the pre-need guardian is entitled to serve.
What is the evidentiary standard to rebut a pre-need guardian? - ANS That it would be
contrary to the BEST INTERESTS of the ward.
What are the natural guardians of a child in minority? - ANS The mother and father, or the
survivor of them, even if he or she remarries, or the parent who wins custody in a divorce.
Single mothers with children born out of wedlock are the natural guardian of children barring
court order.
What can natural guardians do? - ANS Authorize to settle and consummate claims and
causes of action accruing to their minor children for damages to their person or property.
They're authorized to do so when the amount does not exceed
What does AIP stand for? - ANS Alleged incapacitated person.
What is the minimum for appointing a guardian for a minor by a Court? - ANS $15,000.
When must a Court assign a guardian for a minor? - ANS $50,000.
, What is the timeline once an emergency temporary guardian is assigned? - ANS 1. The
emergency temporary guardian authority expires after 90 days normally. 2. One can extend the
ETG authority another 90 days if one proves via a court order the emergency conditions still
exists. 3. The ETG must provide a final report no later than 30 days after the ETG term expires.
What's required to assign an emergency temporary guardian? - ANS The Court must
specifically find there appears to be imminent danger to the person or property of the alleged
incapacitated person.
What is a standby guardian? - ANS A person who is appointed upon petition of the natural or
duly appointed guardian in the event of the guardian dying, removed or resigning.
What is the timeline on a standby guardian? - ANS One must within 20 days of assuming
duties petition for confirmation of appointment of standby guardian status.
Can the guardian specify who is to be the standby guardian? - ANS Yes.
When does a pre-need guardian need to contact the Court? - ANS 20 days after the
assumption of duties, which occurs with the adjudication of incompetency or death of the last
surviving parent they must petition for confirmation of appointment.
How does an out-of-State guardian and ward have their arrangement recognized by Florida? -
ANS Within 60 days of the establishment of Florida residency by a ward who previously lived
in another state, the foreign guardian of the ward must file authenticated copies of his or her
appointment with the clerk of Florida court in the county where the WARD resides. If not Florida
residents, a foreign guardian may maintain or defend any action in Florida as a representative of
the ward, but after 60 days there must be a local resident of the guardian.
What is a voluntary guardian? - ANS When a mentally competent adult is incapable of caring
for assets petitions a for appointment of a voluntary guardian of some or all of their property.
What are the requirements of a voluntary guardian? - ANS Must be petitioned with the
certificate of a licensed physician. Must file a follow-up report from the physician who examined
the ward not more than 90 days before the annual report is filed. Terminates upon wards death.
What is a limited guardian? - ANS A person who has been appointed by the Court to exercise
only those legal rights and powers specifically designated by the Court after the Court has found
the ward lacks the capacity to do some but not all tasks necessary for the care of his or her
person or property.
What is a plenary guardian? - ANS A person who is appointed by the Court to exercise ALL
delegable rights and powers of the ward after the Court has found that the ward lacks the
capacity to perform all of the tasks necessary to care for his or her person or property.
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