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Guardianship state review Questions
with Answers latest 2025
Florida Guardianship Chapter
- 744 Plenary Guardianship
- Total loss of rights of a person; Guardian can make all decisions regarding healthcare, and financial Incompetency was replaced by...
- Incapacity Qualifications to serve as a guardian....
- 1- over the age of 18 2- no felony charges 3- not a service provider 4- never charged with abuse, abandonment, or neglect 5- not a creditor Qualifications Florida Statute
Criminal investigation statute
Criminal investigation statute terms
- guardians, including all of their employees that have a fiduciary responsibility to the guardian's wards undergo LEVEL 2 criminal investigations initially, then every 5 years. It is completed VIA Electronic fingerprinting. A LEVEL 1 must be conducted every 2 years Blanket Fiduciary Bond
- Each professional guardian who files a petition for appointment is required to post a blanket fiduciary bond with the clerk of the court in 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- Registration
- Each guardian must register with the OPPG, formally 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- $
Parens Patrie
- "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
-Persona appointed to make medical and mental health decisions for an individual who has been hospitalized under FS 394 Guardian Advocate
- Appoints guardian for people who have developmental disabilities. Once appointed, the guardian advocate is governed by FS 744 and must abide by same requirements as other court appointed guardians Pre-need guardian
- Competent adult may name a preneed guardian to serve in the event of becoming 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 Natural Guardian
-Mother and father -Or parent who holds sole custody -Or mother who gave birth out of wedlock Voluntary Guardian
-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 Advantages for ward under voluntary guardianship
- receive copies of initial and annual reports -approve or disapprove actions of guardian -approve or disapprove of guardian fees -terminate the guardianship at any time as long as he or she is competent Emergency Temporary Guardianship
-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.
Corporate Guardian
-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
-Public guardian is established to take on indigent cases Pro bono work
- for free Foreign guardian
-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
-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
- successor guardian will be appointed if a guardian is removed, becomes incapacitated, or dies. Surrogate guardian
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
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
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 If there is a durable power of attorney in effect for a person, the court must make a determination at the incapacity hearing to....
- overturn or let the DPOA stand when the person has been adjudicated as incapacitated Before proceeding with filing for guardianship, it may be beneficial to consider medication for a person who is....
- -partially incapacitated or resisting A major problem that may be encountered for the person who has been named as Attorney-in-fact under a DPOA or as a healthcare surrogate is they cannot
- -enforce medical decisions -enforce placement if person is unwilling A SS rep payee does not have the authority to...
- -determine residence -make healthcare decisions Pro Bono means that the case is....
- -non-fee generating a surrogate guardian may be appointed when the regular guardian is....
- -on an extended vacation or becomes ill The term incompetent was formerly used to describe individuals who had been found legally incapable of managing their person or financial affairs, this has been replaced by the term...
- incapacitated In the event of a development of an adverse conflict of interest between the guardian and his ward, a 1996 opinion from the Attorney General states that the duty of the attorney who represents the guardian is to...
- -the ward -and the attorney may report the guardian's misconduct It is the responsibility of------ to audit guardian reports
- -Clerk of Court A professional guardian must obtain and post with the court annually a blanket fiduciary bond in the amount of
- no less than $50k 3 key components of informed consent are...
- -full disclosure of all issues 0capacity to understand the information provided -ability to make the decision without coercion or force When a guardian must make a decision based on "Best Interest" he should obtain
- -independent professional opinions in writing A guardian should learn how the ward handled his affairs prior to becoming incapacitated so that the guardian will be able to make deacons for the ward based on the principle of...
- substituted judgement If the guardian is unable to determine what the ward would have done or decided on a particular issue, the guardian must make the decision based on
- -principle of best interest Employing the concept of least restrictive alternative means that the guardian will choose the option that allows the ward......
- maximum autonomy- least restrictive environment while maintaining safety and protection An individual must be mentally competent in order to set up these pre-incapacity instruments
- -POA -DPOA
If an individual did not designate a healthcare surrogate, or prepare any advance directives prior to becoming incapacitated, a facility or healthcare provider may appoint a ----- to make decisions for that person
- proxy VA may appoint a ------ to manage funds for an incapacitated veteran
- fiduciary or guardian people with OCD often perform
- repetitive actions such as frequent hand washing and checking hallucinations and delusions are sometimes manifested in people with....
- delirium -mania -schizophrenia a guardian of the person will serve as...... when his ward has been Baker Acted
- guardian advocate Chapter 394 FL Mental Health Act, more commonly known as the Baker Act governs the actions of profession for the process of
- involuntary examination/treatment in a mental health facility An individual with alcohol or substance abuse problems may be involuntarily admitted to a treatment facility under the
- Marchman Act F.S. Chapter 397 How long may a patient be held in a psychiatric receiving facility before a decision is made to release him or set a hearing?
- 72 hours A ------ hearing must be held if the guardian wants to admit his ward to a psychiatric facility for evaluation and/or treatment
- Baker Act Hearing Bi-polar disorder is the term used for an individual who displays episode of mania alternating with episodes of
- depression when a patient is admitted to a psychiatric facility under the Baker Act, he retains the right to
- -dignity respected -least restrictive appropriate available treatment utilized on needs and best interests -physical exam if retained for more than 12 hours -individualized treatment plan in writing no more than 5 days after admission
-communicate freely and privately with friends and family outside facility -receive/send mail sealed and unopened
Potential side effects from taking psychotropic medications are - -dry mouth -weight gain -constipation -blurred vision -dizziness -drooling -nausea -sexual problems -tardive dyskensia A person with Prader-willi syndrome has an uncontrollable;e drive to - eat psychotropic medications are prescribed to - stabilize and/or improve mood and control behavior In order to be involuntarily admitted under the MArchman Act, an individual must have lost the power of - -self control with respect to substance abuse the duty and authority of a guardian advocate terminates when the patient is - discharged from the mental health treatment facility a patient may be held for treatment in a mental health facility for up to - 6 months a person who is serving in the capacity of guardian advocate but has not other legal authority to act may not consent to - -abortion -sterilization -electroconvulsive treatment -psychosurgery -experimental treatment Global Deterioration Scale is a tool used to determine the stage of a person who suffers from - dementia Flat Affect = - severe reduction in emotional responsiveness
-petitioner's attorney -court appointed attorney why shouldn't a proposed guardian be the signer on a petition to determine capacity
- conflict of interest Rights that may be removed from a person
- -Non-delgable rights: vote; marry; drivers license; seek/retain employment; travel -delegable rights person- consent/refuse treatment; determine residence; decide social aspects -delegable rights property- manager property; sue or defend lawsuits; contract; apply for benefits LOG's give the guardian.....
- the authority to act all hearings to determine capacity must be recoded by means of
- -electronic recording -stenographically plenary guardianship means that
- -all rights have been removed limited guardianship
- one or more but not all rights removed guardian appointed in another state
- foreign guardian ETG is appointed for a person only when
- -a petition to determine capacity and appointment of guardian has been filed if ward is indigent, the fees for the court-appointed attorney and examining committee will be paid by
- state authority to ETG is initially good for
- 90 days but may be extended for another 90 days does the law allow a relative who lives out of state to be appointed as guardian for a ward in this state?
- yes examining committee report must be received by the court how many days before the scheduled incapacity hearing?
- 10 days before
who pays the premium for the blanket fiduciary bond and the credit and criminal investigations?
- the guardian if AIP is purported to have very little funds, what can be filed with the court to have the fees waived
- Affidavit of indigency what is the criteria to determine if an individual is indigent?
- -usual the criteria to qualify for Medicaid if a petitioner pays the filing fees to initiate a guardianship, the guardian can or cannot petition to reimburse the petitioner after the guardianship has been established?
- CAN standard of proof that must be met to find a person legally incapacitated is
- clear and convincing evidence the guardian is required to
- take an OATH that he or she will faithfully perform his or her duties as required by the court and FL statutes. Potential resources a guardian may utilize to determine the ward's needs:
- -the ward -CARES staff -neighbors/friends -PCP -social services director -medical records -private consultations -caregivers -advance directives -ward's family -religious advisor ADL's
- -bathing -toileting -dressing -continence -transferring -ambulating functional assessment measures the ward's ability to
- perform ADLs
-missing checks or bank statements -inappropriate gifts or use of credit cards -utilities turned off due to non-payment isolating a person from others or confining him to restricted area is
- abuse not provided appropriate food, shelter, clothing, or medical care is considered
- neglect neglect should be reported to
- abuse registry to document exploitation the guardian should obtain
- copies of cancelled checks and bank statements -interview witnesses -list of ward's assets pre and post exploitation -record effect on ward first action guardian should take if they suspect abuse or neglect
- -investigate/compile information -report to abuse registry guardian of the person must obtain court approval before consenting to
- -abortion -sterilization -Baker Act -initiate petition for dissolution of marriage -consent to termination of parental rights -experimental procedures -psychosurgery -move ward to non-adjacent county guardian should abide by the ward's preferences when
- it will cause no harm to the ward or his property guardian should withhold information when
- it will cause harm to ward when ward needs surgery, the guardian should obtain a second opinion....
- only if situation warrants one Rationale should be asked when
- recommendations are made by the ward's attending physician guardian should first obtain court approval before proceeding with
- -elective surgery -amputation of body part -when ward's family disagrees or objects when making decisions, the guardian should consider
- -ward's wishes -LOC -assessments/recommendations of professionals -least restrictive environment -availability of supportive services -credentials of caregivers/facilities -ward's financial resources to pay for care does a guardian have the right to terminate services of the ward's physician?
- yes when a family objects to surgery...
- guardian should petition the court for authority to act of Instruction to Act Guardians may obtain a copy of the discharge summary for a ward's hospitalization by submitting a copy of
- LOG and written request to medical records department 4 issues guardian should consider when physician suggests surgery
- -second opinion? -how urgent is it -beneficial outcome? -how intrusive is it? -what are ward's wishes? -religious beliefs? -family wishes? -advance directives? -covered by insurance? considerations when choosing physician
- -qualifications -experience in ward's disability -Medicare/Medicaid provider -covered by insurance plan -nursing home affiliation -will they honor ward's wishes in living will? what should the guardian do when they cannot file the required reports on time?
- petition for an extension purpose of initial guardianship plan?
- -anything that does not have a title or a dead -CDs -money market accounts -stocks -treasury bonds -furniture -art work -jewelry -coins -collectibles after placing an asset in a restricted depository, a guardian many only access that asset after they have obtained....
- court order guardian should present certified LOGs when?
- -open/close accounts -enter safety deposit box -complete sale of assets -DMV to locate mobile homes/boats -designated CPA as POA in dealing with IRS what to do with any debts ward may have incurred before guardianship?
- must determine the legitimacy Prudent Investor =
- fiduciary should diversify the portfolio and concentrate on oversight of the management by the financial advisor Veteran's Administration can initiate guardianship for?
- -Veteran -Veteran's dependent who receives benefits if there is a danger of loss wards in voluntary guardianship's have the right to...
- -receive reports -receive copies of petitions -approve fees -terminate guardianship at will 2 reasons to establish restricted depository?
- -lower surety bond amount/premiums -allow guardian to obtain bond if surety company refuses to underwrite higher bond A guardian can do the following without obtaining court approval
- -retain assets of the ward -insure assets
-dissent from will -receive income -pay taxes -pay reasonable living expenses for ward -apply for benefits -employ person to assist in performance of administrative duties marshalling ward's assets=
- locate and take control of assets when preparing initial inventory, guardian should list value of an asset as of what date
- Guardian Inception Date- GID examples of intangible assets
- -stocks/bonds -bearer bonds -life insurance -loans -pre-paid funerals is a pre-paid cremation or funeral considered an asset of the ward?
- yes audit fee of how much must be paid to the Clerk of Court if the value of the ward's estate is $25,000 or more as listed on initial inventory
- $ Initial inventory must be filed with the court within how many days of the guardianship inception date?
- 60 days 3 ways to obtain value of ward's real property?
- -formal appraisal -Relator's market analysis -Tax assessed value what documentation should be attached to initial inventory?
- -bank statements -appraisals or proof of value of real property -investment account statements FL statutes require that information regarding a trust created for the ward prior to guardianship be included in the inventory?
- TRUE guardian could be sued by the ward's heirs if they think that they were.....
