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Professional guardianship state of Florida Questions with Answers latest 2025., Exams of Law

University of LiverpoolLaw

Professional guardianship state of Florida Questions with Answers latest 2025.

Typology: Exams

2024/2025

Available from 07/01/2025

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Professional guardianship state of
Florida Questions with Answers latest
2025.
Parents patriae is a Latin term that translates to
- King as father parents of the country
The concept of Prince Porte 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 or conservatorship. Baker act. Protective services for children or adults.
Involuntary treatment for substance abuse or mental illness.
Who can amend or change the laws governing guardianship.
- The Florida legislature
What court may impose its own rules and policies in addition to state law.
- Each judicial circuit
Florida statute 744
- Florida statute 744 are where the Florida guardianship laws are found
Roles that are not appropriate for a guardian to fill are
- Therapist reformer surrogate family caregiver companion warden
Define Plenary guardianship
- Plenary guardianship means that all delegable rights have been removed
The guardian has four major roles. What are they
- Surrogate decision maker, advocate for the ward, administrator and monitor services,
and financial planner /asset manager
A proposed ward must be Mentally competent and wants a guardian. These are two
major requirements to establish what type of guardianship.
- Voluntary guardianship
Define veterans guardianship
- A veterans guardianship is established to manage only VA funds or anything derived
from those funds.
Catholic charities and or Lutheran ministries or what type of guardian?
- Corporate guardian
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Download Professional guardianship state of Florida Questions with Answers latest 2025. and more Exams Law in PDF only on Docsity!

Professional guardianship state of

Florida Questions with Answers latest

Parents patriae is a Latin term that translates to

  • King as father parents of the country The concept of Prince Porte 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 or conservatorship. Baker act. Protective services for children or adults. Involuntary treatment for substance abuse or mental illness. Who can amend or change the laws governing guardianship.
  • The Florida legislature What court may impose its own rules and policies in addition to state law.
  • Each judicial circuit Florida statute 744
  • Florida statute 744 are where the Florida guardianship laws are found Roles that are not appropriate for a guardian to fill are
  • Therapist reformer surrogate family caregiver companion warden Define Plenary guardianship
  • Plenary guardianship means that all delegable rights have been removed The guardian has four major roles. What are they
  • Surrogate decision maker, advocate for the ward, administrator and monitor services, and financial planner /asset manager A proposed ward must be Mentally competent and wants a guardian. These are two major requirements to establish what type of guardianship.
  • Voluntary guardianship Define veterans guardianship
  • A veterans guardianship is established to manage only VA funds or anything derived from those funds. Catholic charities and or Lutheran ministries or what type of guardian?
  • Corporate guardian

Public guardians are appointed primarily for what kind of cases?

  • Indigent and for whom there is no one else to serve. When would a surrogate guardian be appointed?
  • Surrogate guardian may be appointed when the regular guardian is unable to act due to illness or an extended vacation or unable to be reached. How long is a surrogate guardians authority good for?
  • Surrogate guardian is good for 30 days but may be extended if the court approves. Define fiduciary
  • Fiduciary is defined as a person who occupies a position of trust and acts in the best interest of another person. If the ward wishes to express his religious beliefs the guardian should?
  • Help the ward to do so What is the advantage of preparing a form designating a preneed guardian?
  • The person may choose who he wants to be his guardian. This must be done prior to incapacitation. Durable power of attorney or DPOA.
  • Durable power of attorney must be signed by a person who is mentally competent. The difference between a DPOA & POA is the DPOA goes on after death. DPOAand POA are trumped by guardianship. What can happen if you add a cosigner to an bank account?
  • Potential tax liens, May disqualify person for public benefits and cosigner can clean out the account A durable power of attorney or health care surrogate cannot do what?
  • DPOA or HCS cannot enforce medical decisions or enforce placement if the principle is unwilling. Who audits the Guardian reports?
  • Clerk of the courts Three key components to informed consent. What are they?
  • Full disclosure of all the issues, capacity to understand the information provided, and the ability to make the decision without coercion or force. Best interest.
  • When a decision is based on best interest the guardian should obtain independent professional opinions in writing. Substituted judgment

What are two things the guardian must submit to the courts under voluntary guardianship?

  • The guardian must submit a physician statement that the ward is competent along with the annual report to the court What does a healthcare surrogate have authority to perform?
  • Consent or refuse treatment, authorize admission or discharge from facilities, authorize release of information, select or discharge care providers, apply for benefits and make decisions about life-sustaining treatment. What services are provided to an individual under Florida statute 415
  • Emergency removal from residence, emergency medical treatment, emergency protective services for persons who are at risk of death or injury. Florida statute 415 is adult protective services act. Florida statute 415
  • Adult protective services act. Florida statute 415 Who can appoint a proxy to make decisions for a incapacitated person?
  • A facility or healthcare provider may appoint a proxy to make decisions for the person if the individual did not designate a health care surrogate or prepare any advanced directives prior to becoming incapacitated. Who can the VA appoint to manage funds for an incapacitated veteran or his dependents?
  • Fidicuary or guardian. What is the name of the disorder that patients may have repetitive actions such as frequent handwashing, checking to see if all the appliances are off, etc.
  • Obsessive compulsive disorder or OCD Patients with delirium, mania, or schizophrenia often have
  • Hallucinations and delusions Who serves as the guardian advocate when his ward has been baker acted
  • The guardian of the person Florida statute 394
  • Statue 394 Florida mental health act more commonly known as the Baker act. This governs the actions of the professions for the process of involuntary examination/treatment in a mental health facility. Florida statute 397. known as the Marchman act. An individual with alcohol or substance abuse problems may be involuntary admitted to a treatment facility under the Marchman act Florida statute 397.

A patient may be held at a psychiatric receiving facility for how many hours before a decision is made to release him or set a hearing?

  • 72 hours In order for a guardian to admit his ward to a psychiatric facility for evaluation or treatment what hearing needs to take place.
  • A Baker act hearing What disorder displays episodes of mania alternating with episodes of depression
  • Bipolar disorder When a patient is admitted to a psychiatric facility under the Baker act he retains some rights. What are they.
  • Dignity, less restriction appropriate available treatment utilized on needs and best interest, physical exam if retain for more than 12 hours, individualized treatment plan in writing no more than five days after admission, communicate freely/privately with persons outside the facility, receive send email sealed/unopened correspondence, no incoming correspondence will be opened, delayed, held, or censored and less info may be harmful, permitted immediate access by family members, guardian, guardian advocate, representative, Florida Statewide/local advocacy council or attorney, ready access to telephone to report alleged use, the right to vote, question legality of detention, the opportunity to participate in treatment and discharge in planning. Side effects from taking psychotic medications are
  • Dry mouth, weight gain, constipation, blurred vision, dizziness, drooling, nausea, sexual problems, and tardive dyskinesia A person with Prader Willi syndrome has an uncontrollable drive to
  • Eat What must individual lose in order to be involuntary admitted under the Marchman act?
  • Self control with respect to substance abuse When does the duty and authority of the guardian advocate terminate?
  • The duty and authority of the guardian advocate terminates when the patient is discharged from the mental health treatment facility How long can a patient be held in a mental health facility for treatment?
  • Up to six months The guardian advocate May not consent to the following.
  • Abortion, sterilization, electro convulsive treatment, cycle surgery, or experimental treatments.
  • Foreign guardian When can emergency temporary guardian/ETG be appointed for an individual?
  • When a petition to determine capacity and appointment of a guardian has been filed. If the word is indigent, the fees for the court appointed attorney and the examining committee will be paid for by
  • State What guardian is good for 90 days and may be extended for an additional 90 days?
  • The authority of an emergency temporary guardian or ETG The law allows for a relative who lives out of state to be appointed as a guardian for the ward in this state
  • True The examining committee report must be received by the court how many days before the scheduled incapacitating hearing
  • 10 days What affidavit can be filed if the alleged incapacitated person is purported to have very little funds.
  • An affidavit of indigency What criteria is usually used to determine that an individual is indigent
  • Usually the criteria to qualify for Medicaid If the petitioner pays the filing fees to initiate a guardianship the guardian made petition to reimburse the petitioner after the guardianship has been established.
  • True The standard of proof that must be met to find an individual legally incapacitated is,
  • Clear and convincing evidence. The guardian is required to take an oath that he or she faithfully will perform his or her duties as required by the court in Florida statutes.
  • True The functional assessment measures the wards ability to perform
  • ADLs. Bathing, dressing, toileting/continence, transferring, feeding, ambulating. Extended care facility/ECF and skilled nursing facility/SNF are terms that refer to
  • Nursing homes Whenever an accusation is that a nursing facility or assisted living facility residents rights have been violated, who will visit and investigate?
  • Ombudsman How much notice is required if a nursing home wants to discharge or transfer a resident?
  • At least 30 days, and ALF at least 45 days notice What are some disadvantages of maintaining award in their own home?
  • 1Costly to maintain, may not be handicap accessible, greater chance of accidents, potential for miss management of medications, possibility of wandering. What information can a guardian provide to an ombudsman who is investigating an abuse call against the guardian?
  • Any information requested that has not been sealed by the court ( financial reports, guardian plans, etc.) Two valid reasons for moving award to another living environment?
  • An issue of safety, the facility cannot meet the level of care required. Exploitation.
  • Personal items of property/assets missing, frequent changes in wills, POas or titles to property, missing checks or bank statements, inappropriate gifts or use of credit cards, utilities turned off due to nonpayment. Isolating an individual from others or confining him to a restricted area is an example of
  • Abuse Not providing appropriate food, shelter, clothing or medical care is considered
  • Neglect and should be reported to the abuse registry The first action a guardian should take if she suspects abuse or neglect of her award is to investigate/compile pertinent information, and reported to the abuse registry.
  • True A guardian of the person must obtain court order approval before consenting to
  • Committing the ward to an institution/Baker act, initiate petition for dissolution of marriage, consent to termination of parental rights, sterilization, abortion, experimental procedures, psychosurgery, move word to a non-adjacent county. Guardian should abide by the wards preference when it will cause no harm toward him or his property.
  • True Can a guardian withhold information from the ward?
  • Yes if it will cause harm to the ward.

The court appointed attorney will be discharged when?

  • The attorney reviews and approves the initial reports. The guardian must have the word examined by a physician or psychiatrist 90 days before the end of the report.
  • True. The annual guardian plan must be submitted to the court within 90 days after the end of the report.
  • True. Who should the guardian submit their reports to for review and submission to the court?
  • Attorney of record When preparing the guardian plans, the guardian is required to consult with the ward and to honor his or her wishes to the maximum extent reasonable.
  • True When should the guardian file a petition to modify the guardianship plan.
  • If there are any significant changes in the wards capacity to meet essential requirements for health and safety, the guardian may file a petition to modify the guardianship plan. To properly complete the annual guardian plan, the guardian needs to maintain records that include dates, names, and addresses of residences of the ward for the past year and information concerning the wards medical treatment.
  • True. The guardian is required to consult with the word regarding his wishes, and to honor those wishes unless the ward is
  • Totally incapacitated or a minor under the age of 14. What is a care plan conference
  • A care plan conference will be held quarterly at a skilled nursing facility to evaluate the patient's physical, mental, and social strengths and deficits. After placing an asset in a restricted depository, a guardian may only access the asset after he or she has obtained a court order allowing release of the asset
  • True Certified letters of guardianship are needed when
  • Open bank accounts, close bank accounts, enter the word safety deposit box, complete sale of assets or securities, open investment accounts, department of motor vehicles to locate autos mobile homes boats registered in the wards name, designate a CPA as a POA representative in dealing with the IRS.

A guardian must determine the legitimacy of any debts of the ward may have incurred before the guardianship.

  • True What does the prudent investor rule state?
  • The prudent investor rule states that at the fiduciary should diversify the portfolio and concentrate on oversight of the management by the financial advisor. The veterans administration may initiate a guardianship for the veteran or their dependent receiving VA benefits if there is a danger of loss or a need to receive or manage government funds.
  • True A ward in a voluntary guardianship has a right to
  • Receive guardian reports, receive copies of petitions, approve guardian fees and actions, and terminate the guardianship at will. Two reasons to establish a restricted depository are
    1. Lower surety bond amounts/premiums
  1. Allow the guardian to obtain bond if the Suretybcompany refuses to underwrite the higher bond. A guardian may do the following without having to obtain a court approval.
  • Retain assets of the word, ensure the assets, dissent from Will, receive income and assets, pay taxes and assessments, a reasonable living expenses of the ward, boat stocks/securities, provide information, apply for benefits to the ward or defendants , employee persons to assist the guardian and performance of the ministration duties. Guardian is charged with marshaling the wards assets. This means that a guardian must
  • Locate and take control of the assets. When preparing the initial inventory, the guardian should list the value of an asset as to what date?
  • Guardianship inception date/GID Intangible assets are
  • Stocks/bonds, barrier bonds, life insurance, loans and prepaid funerals. A prepaid cremation or funeral is considered an asset of the ward
  • True An audit fee of $85 must be paid to the clerk of the court if the value of the wards estate is $25,000 or more as listed on the initial inventory
  • True

As a rule, the safer the investment is, the lower the return will be.

  • True The guardian may not be able to obtain what kind of insurance coverage if the wards residence is vacant.
  • Liability insurance coverage A formal appraisal of the wards real property should be obtained when
  • The guardian plans to sell the property After the sale of an asset, the guardian should review the amount of the Surety bond to determine if it is necessary to increase the bond.

If an asset is specifically designated in the wards will, but the guardian must sell it in order to generate funds for the words care, then the guardian should consider

  • Offering the beneficiary the first right of refusal. Guardian does have a responsibility to file income tax returns if the ward has previously failed to do so.
  • True The annual accounting must be filed within the court within 90 days after the end of the report year.
  • True An individual becomes eligible to receive reduced Social Security benefits at age
  • 62 If a person who is receiving Social Security benefits dies on the last day of the month, the check that comes in on the third of the next month must be returned to SSA/ask for a receipt.
  • True Even though a person may have been adjudicated as a legally incapacitated, in order to receive Social Security disability he will have to apply and be approved.
  • True Where can you obtain the benefits planning query/BPQY
  • A benefits planing query may be obtained from the Social Security ministration that provides a record of a persons benefit eligibility over his or her lifetime. When can an eligible person sign up for Medicare?
  • When they turn 65 regardless of whether they have reached full retirement age to collect Social Security benefits.

Once the annual deductible has been met for part B benefits, Medicare will pay the medical expenses for a beneficiary in the amount up to

  • 80% of their Medicare approved charges. Two benefits of having a person on an HMO are
    1. Vision, hearing, dental and wellness programs
  1. No need to purchase a Medigap supplement, and many plans include prescription drug coverage What does a Social Security representative payee do?
  • Social Security representative payee is responsible for receiving the persons-benefits and paying bills for the beneficiary. Part a benefits under Medicare pays for hospital care, SNF care for 20 days, DME, related expenses during hospitalization/labs x-rays drugs, and hospice care.
  • True Medicare does not cover
  • Acupuncture, routine dental care, eyeglasses, hearing aids, dentures, cosmetic surgery, routine foot care or custodial care in the nursing home. To be eligible for Medicare benefits a person must be 65 or qualified is disabled by SSA for at least 24 months.
  • True. A formulary is a list of medication covered by a specific Medicare D plan.
  • True. When A physician agrees to except assignment he or she will except
  • What Medicare pays and will not bill the patient for any difference. A person may qualify for Social Security disability insurance if they have any of the following
  • Diseases of the heart, lungs or blood, severe arthritis, mental illness, progressive cancer, brain damage, loss of kidney function, diseases of the digestive system or loss of function of both arms, both legs, or an arm and a leg. A Social Security representative payee must complete an annual questionnaire that asks how much of the Social Security benefits were spent on
  • Food and housing and medical/dental care, recreation and clothing on behalf of the beneficiary. When a person is approved to receive supplemental security income benefits of at least one dollar, he or she is entitled to receive Medicaid benefits as well.