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Professional Guardianship 206 Questions with Answers latest 2025, Exams of Law

University of LiverpoolLaw

Professional Guardianship 206 Questions with Answers latest 2025

Typology: Exams

2024/2025

Available from 07/01/2025

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Professional Guardianship 206
Questions with Answers latest 2025
advance directive
- a formal, legally endorsed document that provides instructions for care ("living will")
Adjudication
- the act of a court in making an order, judgment, or decree.
Annual accounting
- A report, filed by the guardian of the property, due to the court each year itemizing
expenditures and receipts made on behalf of the ward during the previous year
Annual plan
- A report, filed by the guardian of the person, due to the court each year specifying the
medical, mental and physical care of the ward for the upcoming year
Minimum amount for Blanket Bond?
- $50,000
Clerk of the Court
- Responsible for auditing guardian reports and processes and maintains guardianship
documentation
Co-Guardianship
- A guardianship with two or more persons or entities acting as guardian for the person
or property or both
conflict of interest
- Any situation in which a guardian may receive financial or material gain or advantage
based on the decision made on behalf of the ward
due process
- (law) the administration of justice according to established rules and principles
Emergency Temporary Guardian (ETG)
- Appointed by the court to perform the specific duties of guardian for an AIP after a
petition for determination of incapacity has been filed, but before a guardian has been
appointed
ex parte
- Latin term describing a type of court proceeding or petition where one of the involved
parties is not present
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Professional Guardianship 206

Questions with Answers latest 2025

advance directive

  • a formal, legally endorsed document that provides instructions for care ("living will") Adjudication
  • the act of a court in making an order, judgment, or decree. Annual accounting
  • A report, filed by the guardian of the property, due to the court each year itemizing expenditures and receipts made on behalf of the ward during the previous year Annual plan
  • A report, filed by the guardian of the person, due to the court each year specifying the medical, mental and physical care of the ward for the upcoming year Minimum amount for Blanket Bond?
  • $50, Clerk of the Court
  • Responsible for auditing guardian reports and processes and maintains guardianship documentation Co-Guardianship
  • A guardianship with two or more persons or entities acting as guardian for the person or property or both conflict of interest
  • Any situation in which a guardian may receive financial or material gain or advantage based on the decision made on behalf of the ward due process
  • (law) the administration of justice according to established rules and principles Emergency Temporary Guardian (ETG)
  • Appointed by the court to perform the specific duties of guardian for an AIP after a petition for determination of incapacity has been filed, but before a guardian has been appointed ex parte
  • Latin term describing a type of court proceeding or petition where one of the involved parties is not present

fiduciary

  • A person held in the highest position of trust and confidence who must always act in the best interest of the ward Final accounting
  • A report filed by the guardian of the property prior to the guardian's removal, upon petitioning for discharge or termination of the guardianship Foreign guardian
  • A guardian appointed in another state or country Guardian
  • Appointed by the court to act on behalf of a ward's person or property, or both Guardian advocate
  • Appointed by the court to act on behalf of an individual for various reasons, including mental heath treatment and developmental disabilities, and drug dependent newborns. Guardian ad litem
  • Appointed by the court having jurisdiction of the guardianship or a court in which a particular legal matter is pending to represent a ward in that proceeding Guardian of the person
  • Appointed by the court to exercise all or some of the rights to manage any personal affairs or or make medical decisions for the ward Guardian of the property
  • Appointed by the court to exercise all or some of the powered and rights over the property of the ward Habeas corpus
  • Latin term meaning "you have the body". A court order (writ) which directs the officials who have custody of an individual to appear in court with the person in order to determine the legality of the person's confinement. incapacitated person
  • A person who has been judicially determined to lack the capacity to manage at least some of the property or to meet at least some of the essential health and safety requirements of the person informed consent
  • A person's agreement to a particular course of action based on a full disclosure of facts needed to make the decision intelligently Initial inventory
  • A report, filed by the guardian of the property, which describes the ward's assets.
  • Any guardian who receives or has at any time rendered services to three or more wards as their guardian (not relatives) Public guardian
  • A guardian who provides services for incapacitated persons who have limited financial means and no willing family member or friend to serve as guardian Restricted depository
  • An account set up on the ward's behalf from which withdrawal may be authorized only by court order Standby guardian
  • A person empowered to assume the duties of guardianship upon the death or adjudication of incapacity of the last surviving natural or appointed guardian Statewide Public Guardianship Office (SPGO)
  • Government body responsible for designating local offices or public guardian as well as the registration and education of professional guardians throughout Florida substituted judgement
  • A principal whereby a guardian, on behalf of a ward, establishes the proper course of action that the ward "would" have chosen for him or herself had the personal not been adjudicated as incapacitated. (When ward had capacity previous and you can establish his desires) Surrogate guardian
  • A person designated to exercise the powers of the appointed guardian if the guardian is unavailable to act. He or she must be a professional guardian and the duration may not exceed 30 days. Ward
  • A person who has had some or all of his or her rights removed by the court and for whom a guardian has been appointed ACS
  • Assistive Care Services ADL
  • activities of daily living AGO
  • Attorney General's Office AHCA
  • Agency for Health Care Administration

AIP

  • Alleged Incapacitated Person ALF
  • assisted living facility AoA
  • Administration on Aging ARNP
  • Advanced Registered Nurse Practitioner CCE
  • Community Care for the Elderly BPQY
  • Benefits Planning Query CEMP
  • Comprehensive Emergency Management Plan CEU
  • continuing education unit CFA
  • Chartered Financial Analyst CFC
  • Certified Financial Consultant CFP
  • Certified Financial Planner CGC
  • Center for Guardianship Certification CMS
  • Centers for Medicare and Medicaid Services DCF
  • Department of Children and Families DEA
  • Department of Elder Affairs DNRO

OAA

  • Older Americans Act OCR
  • Office of Civil Rights OSS
  • Optional State Supplement PHI
  • Protected Health Information POA
  • Power of Attorney QIT
  • Qualified Income Trust RCH
  • Residential Care Homes SAO
  • STATE ATTORNEY'S OFFICE SNF
  • skilled nursing facility SSA
  • Social Security Administration SSI
  • Supplemental Security Income TAR
  • treatment authorization request Modern guardianship law is derived from the 14th century idea of ____________________________________ meaning that the "state is regarded as sovereign."
  • parens patriae The concept of ________________________ has been used to replace the concept of competency in many states.
  • Capacity

A _____________ is the incapacitated person who is the subject of a guardianship.

  • Ward Florida Guardianship law can be found in Chapter _______________ of the Florida Statutes.
  • 744 Guardianship should only be considered as a choice of ______________ ______________.
  • Last resort A guardian who is appointed to exercise all the rights and powers of the ward is known as a _____________________ guardian.
  • Plenary A guardian who is appointed to exercise only those individual rights designated by the court is considered a ________________________ guardian.
  • Limited A guardian who is appointed to replace the guardian when the current guardian resigns, dies, becomes incapacitated, or is removed is known as a ______________________________ guardian.
  • Successor If a ward is moved to a different state, a ________________________ guardian must be appointed.
  • Foreign _____________ guardians may be appointed by the court after a petition for determination of incapacity has been filed, but before appointing a permanent guardian.
  • ETG (emergency temporary guardian) The ____________________ Courts in Florida have jurisdiction over all guardianship cases.
  • circuit (probate division) If the interests of the guardian are adverse to those of the ward, a _____________________ ____________________ must be appointed to represent the ward in that litigation.
  • Guardian ad-litem The attorney representing the Alleged Incapacitated Person (AIP) may not serve as guardian of the AIP or as attorney for the guardian of the AIP or the petitioner. True or False
  • True

The ______________________________________ audits reports of guardians in guardianship cases.

  • Clerk of the Court FL Statute Chapter that deals with Health Care Surrogate
  • 765 FL Statute Chapter that deals with abuse, neglect, and exploitation (Adult Protective Services Act)
  • 415 FL Statute Chapter that deals with investments and fiduciaries
  • 518 FL Statute Chapter that deals with POAs and other similar
  • 709 FL Statute Chapter that deals with Developmentally Disabled (DD)
  • 393 FL Statute Chapter that deals with Baker Act
  • 394 True or false. Chapter 415 Adult Protective Services Act requires that there is an adjudication of incapacity prior to issuance of protective services for a vulnerable adult.
  • False What is the name of the financial arrangement in which a separate individual is designated to receive and allocate public benefits on behalf of the beneficiary?
  • Representative Payee True or false. Case management is the same as guardianship in that case manager can make medications mandatory and move wards to new residential placements.
  • False True or false. A Power of Attorney (POA) is effective pas the point when a person is deemed incapacitated with regards to both person and property.
  • False What is an example of a publicly funded source that is required to provide case management services should an individual in the community be deemed "vulnerable"?
  • DCF (Department of Children and Families) True or false. In a voluntary guardianship, the appointed guardian typically has medical decision making discretion for the ward.
  • False What type of trust is established to transfer property ownership that avoids incurring a probate following the death of the property owner?
  • Living trust True or false. A "Durable Power of Attorney" is the exact same as a "Power of Attorney" except that the "Durable Power of Attorney" requires the beneficiary to designate two individuals to serve as POAs.
  • False What is a common concern with a POA?
  • Some banks are hesitant to honor POAs. What are the 2 types of mental disorders?
  • Organic and functional ______________________ disorders involve a disassociation with reality.
  • Psychotic _______________________ is a development disorder involving impairment in social interactions, verbal and nonverbal communication, and imaginative ability.
  • Autism _______________________ ___________________________ is only available through the courts while all available, less restrictive alternatives have been deemed inappropriate.
  • Involuntary commitment A guardian cannot voluntarily admit their ward to a psychiatric facility for treatment except under and ________ _______________ _______________ under the Baker Act.
  • Ex parte petition A Baker Act Hearing for involuntary placement requires proof by ______________ and ___________________ evidence or the petition will fail even though the individual may be mentally ill.
  • Clear and convincing If an individual cannot give informed consent to his or her own treatment, a _________________ __________________ is appointed to give consent on his/her behalf.
  • Guardian advocate

Restoration to capacity at the earliest possible time To be treated humanely To have a qualified guardian To remain as independent as possible To be properly educated Rights that can be delegated to a guardian by a court order

  • To contract To sue and defend lawsuits To personally apply for government benefits To manage property or to make any gift or disposition of property To determine his/her residence To consent to medical and mental health treatment The 3 member examining committee may be comprised of (list 3 examples)
  • Clinical psychologist Psychiatrist Register nurse The date for adjudicators hearing must be set no more than __________ days after the filing of the reports of the examining committee members, unless good cause is shown.
  • 14 A guardian is required to take an ______________ that he or she will faithfully perform his or her duties as required by the court and FL Statutes.
  • Oath ________________ should be written whenever there is any contact or communication with or on behalf of the ward.
  • Progress notes The Initial Report of the guardian of the person must contain the
  • Medical, mental and social info The Initial Report must be filed within ___________ days after the Letters of Guardianship were issued
  • 60 The Annual Guardianship Plan, if appropriate must include information related to which four areas?
  • Residence of ward Medical conditions and treatments/rehabilitation needs Social condition of ward Possible restoration of rights

A guardian has a responsibility to ensure a ward resides in the __________________ __________________ environment available to meet his or her needs.

  • Least restrictive ______________ _______________ are the individualized assessments initially developed by the skilled nursing facility to address the physical, mental and social needs of the ward.
  • Care plans The continuing review of the ward's needs and assessments, held every ___________ months, is called a _______________ ________________ meeting.
  • 3 care plan Professional guardians are required to visit their wards at ____________ intervals under FL Statutes.
  • Quarterly A guardian is entrusted to make decisions on behalf of the ward, but the guardian still must listen respectfully to the concerns of the ward's ________________
  • Family If a person who stands in a position of trust and confidence with a vulnerable adult takes or uses that person's property for the benefit of someone other than the vulnerable adult it is called _____________________
  • Exploitation One definition of ______________ is repeated conduct or a single incident of carelessness which produces or could reasonably be expected to result in serious physical or psychological injury or a substantial rise of death.
  • Neglect ________________ is defined as any willful act or threatened act that causes or is likely to cause significant impairment to a vulnerable adult's physical, mental, or emotional health.
  • Abuse The guardian is legally obligated to report any suspected __________________ _________________ or ____________________ to the appropriate authorities
  • Exploitation, neglect or abuse (1-800-96ABUSE) When a ward is temporarily or permanently deprived of money or property through the misuse of a power of attorney or guardianship, resulting in the unauthorized appropriation, sale or transfer of property or assets this is an example of
  • Exploitation
  • Restricted depository Which of the following types of investments typically carries the greatest risk? Gold or oil futures Cash Individual stocks Mutual funds
  • Gold or oil futures True or false. The guardian of the property is permitted to commingle funds of several wards in order to obtain more favorable interest rates and reduced fees from banks.
  • False When selling real property that is jointly owned by the ward and a spouse, the guardian should: A. Consult the ward's spouse if not incapacitated B. Consult the ward's spouse's guardian if incapacitated C. (A) or (B) D. Petition the court directly without consulting the spouse
  • C. (A) or (B) True or false. All guardians in the State of Florida must use the same form for the Annual Accounting.
  • False An individual becomes eligible for reduced Social Security benefits at age
  • 62 The __________________ _____________________ _____________________ from the Social Security Administration provides a complete record of the ward's benefit eligibility over his or her lifetime.
  • BPQY (Benefits Planning Query) Part A of Medicare is often referred to as __________________________ insurance.
  • Hospital Which part of Medicare is designed to offer beneficiaries additional choice by supplementing Medicare with medical coverage from private insurance companies?
  • Part C Which of the parts of Medicare is a person automatically enrolled in when he/she turns 65?
  • Parts A and B

The general enrollment period for Medicare runs from _____________________ to

  • 1 Jan to 31 Mar (if choice on test is Oct to Dec chose that one) True or false. The guardian should attempt to combine a Part C: Medicare Advantage Plan with a Medigap policy whenever possible to maximize the ward's available benefits.
  • False True or false. If the ward's assets are invested in a Pooled Trust and the ward dies, the funds remain in the trust to support the nonprofit association or are used to reimburse Medicaid.
  • True Individuals who qualify for ______________________ ______________________ ______________________ are automatically qualified for Medicaid benefits
  • SSI (Supplemental Security Income) True or false. In order to help a ward qualify for Medicaid, a third party trust should include a provision to ensure that the assets are available to the ward at all times.
  • False The goal of __________ planning is to preserve the intent of the ward, if known.
  • Estate Some wards, although adjudicated incapacitated, may still retain ___________________ ____________________ to execute or change a Will.
  • Testamentary capacity A _______________ ___________________ ____________________ order requests no resuscitation should be attempted if a person suffers cardiac or respiratory arrest.
  • DNR (do not resuscitate) True or false. Hospice programs specialize in providing aggressive treatment for individuals that have been diagnosed with a terminal illness.
  • False True or false. The guardian must obtain a court order prior to establishing pre-need funeral or burial arrangements.
  • True Reasons why a guardianship may be transitioned
  • Guardian resigns Guardian dies Guardian is incapacitated
  • Mental disorders resulting from a physical causes mood disorders
  • Mania Depression Bipolar disorder Manic-depression Cognitive disorders
  • Delirium and dementia Psychotic disorders
  • Hallucinations Delusions Disorganized speech Disorganized behavior Negative symptoms Schizophrenia Functional disorders
  • Mental disorders that cannot be traced to physical causes