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A comprehensive overview of florida guardianship law, outlining key procedures, requirements, and roles of involved parties. it details the qualifications for serving as a guardian, different types of guardianships (plenary, limited, standby, etc.), and the responsibilities of guardians, courts, and attorneys. the document also covers topics such as initial and annual guardian plans, veteran's guardianships, and the role of parens patriae. it's a valuable resource for students and professionals seeking to understand the intricacies of florida's guardianship system.
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Florida Guardianship Chapter - ans Plenary Guardianship - ansTotal loss of rights of a person; Guardian can make all decisions regarding healthcare, and financial Incompetency was replaced by... - ansIncapacity Qualifications to serve as a guardian.... - ans1- 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 - ans744. Criminal investigation statute - ans744. Criminal investigation statute terms - ansguardians, 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 - ansEach 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- 500 Registration - ansEach 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 - ans"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 - ans394.
Annual guardian plan - ansGuardian 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... - ans- guardianship
When the ward would benefit from outings or shopping excursions, the guardian should - ansemploy an aide or companion to take the ward out An advantage of preparing a form designating a pre-need guardian is - ans-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 - ans-mentally competent 3 potential problems that could arise from putting another person on as a signer on a joint account are: - ans- potential tax liens
hallucinations and delusions are sometimes manifested in people with.... - ansdelirium
Potential side effects from taking psychotropic medications are - ans-dry mouth
first action guardian should take if they suspect abuse or neglect - ans-investigate/compile information
FL statutes require that information regarding a trust created for the ward prior to guardianship be included in the inventory? - ansTRUE guardian could be sued by the ward's heirs if they think that they were..... - anstoo prudent Investments considered to be of minimum risk - ans-savings account
funds in a special needs trust for a disabled person D4A- may only be used to pay for - ans- items not covered under Medicaid program
guardian may petition the court to pre-pay? - ansreasonable funeral arrangements after death of ward, is the guardian of the person required to file final report - ansNo information needed for death certificate - ans-DOB
what services allows guardian to give back to the community? - ansPro-bono employees of the guardian must submit what to SPGO or OPPG along with guardianship registration? - ans-credit checks and criminal background checks information on locating a facility or facility deficiencies may be found on - ansAHCA- Agency for healthcare administration progress notes detail what and will be useful when the guardian must justify changes in care, or residence, or petitioning for fees - ans-actions taken on behalf of the ward if guardian is unavailable for extended time and unable to act, he or she should petition the court for appointment of - anssurrogate guardian Part one chapter 744 - ansGeneral provisions
744.104 - ansVerification of documents
744.308- resident guardian of property of nonresident ward 744.3085- guardian advocates Part 4 - ansGuardians 744.309- who can be appointed of a resident ward 744.3115- advance directives for healthcare 744.312-considerations in appointment of guardian 744.3125- application of appointment 744.3135- credit and criminal investigation 744.3145- guardian education requirements Part 5 - ansAdjudication of incapacity and appointment of guardians 744.3201 - ansPetition to determine incapacity 744.3203 - ansSuspension of power of attorney before incapacity determination 744.3215 - ansRights of persons determined incapacitated 744.331 - ansProcedures to determine incapacity 744.334 - ansPetition for appointment of guardian or professional guardian 744.3371 - ansNotice of petition of appointment of guardian and hearing 744.341 - ansInvoluntary guardianship 744.342 - ansMinors guardianship 744.344 - ansOrder of appointment 744.345 - ansLOG 744.347 - ansOath of guardian 744.351 - ansBond of guardian 744.354 - ansValidity of bond 744.357 - ansLiability of surety 744.358 - ansLiability of guardian 744.359 - ansAbuse neglect or exploitation by guardian Cognitive disorders - ansDementia or Delirium- involve problems with sorting, retrieval, and manipulation of information and affect memory, attention, problem solving, and appropriate use of language. Mood disorders - ansDepression, Mania, Bipolar disorder Anxiety disorders - ansGAD, panic discorder, post traumatic stress disorder, OCD A professional guardian, who is the proposed guardian of a person should - ans- Be the petitioner to determine capacity only if there is no one else available to do so Personal relationships between the guardian of the ward's family or the ward's friends - ansshould be avoided to allow the guardian independence in decision-making monitoring the conduct of a guardian is the responsibility of... - ansthe court which of the following is not considered a breach of the guardian's fiduciary