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Chapter 1 of Guardianship 143
Questions with Answers latest 2025
What are the two main types of guardians for duties? ✔️ Guardian of Person and Guardian of Property
What are the duties of a Guardian of Person? ✔️ They are responsible for medical decisions and life affairs. Note, they are appointed by the court. The Guardian of Property has a different duty.
What is the duty of a Guardian of property? ✔️ This guardian has rights over the ward's property.
What is the significance of the Initial Report and when should it be initiated? When should it be reported? ✔️ A report that displays the ward's (Incapacitated Person's) assets acquired throughout his or her lifetime. It should be reported within 60 days of being assigned to a ward..
What is the Least Restrictive Alternative goal? ✔️ The standard to give the ward their best freedoms they are physically and mentally able to be competent to handle. Note, you should desire the best welfare and happiness to your ward.
Who is your loyalty to? ✔️ Your loyalty is solely to the ward only, No one else.
Should family members be trusted? ✔️ No, they are not your friends, which is part of the reason you have been appointed. Consequently, there will be disfunction and jealousy of your service.
What is Substitute Judgement? How should it be implemented? ✔️ It is making a decision(for the ward) based on what the ward would have chosen if he orher were well enough to make preferable decisions. Note, this takes research.
What is a Limited Guardian opposed to a Plenary Guardian? ✔️ This is when the court assigns specific or designated power to a guardian. This is the opposite of the Plenary Guardian, which gives full guardian rights. This is contrary to limited guardianship that gives limited responsibilities. This covers both person(Medical) and property.
What is your duty as a Professional Guardian? ✔️ A person has served time with three or more wards. Or, have served two or more relatives.
Alleged Incapacitated Person or AIP is defined as what? ✔️ When a person has successfully been petitioned to the to a hearing to be examined by a committee to be potentially be labeled as incapacitated.
What is a Public Guardian? ✔️ A qualified guardian sent by the Statewide Public Guardianship Office to tend to an incapacitated person that has limited funds for services.
After an initial inventory, how long do you have, as a Professional Guardian, to report new inventory? ✔️ You have 30 days after.
Notes: When is a guardian necessary in this imperfect world? ✔️ When an individual, usually elderly, does not have the mental of physical ability to help themselves from dangers of the world. These people are prone to be manipulated because of selfish gain(even from family) A physical disability and old age does not alone qualify you to be a candidate for a Guardian.
Define the Latin word Sui Juris as it relates to guardians and their role. ✔️ It means you are of a competent mind to handle legal duties to your potential ward. Also, you must be of age 18, which is considered being developmentally able to make competent decisions.
What are some of the preferences that the court seeks when choosing a proper guardian? What do the court looks favorably for in its decision? ✔️ Related by marriage or blood to the ward. The potential guardian having an educational background that complements the ward. They are suitable to meet the needs of a specific ward. Also, the court takes the incapacitated(if expressed) wants into consideration.
When is the guardian appointed to the Alleged Incapacitated Person? This is also known as the A.I.P. ✔️ When the court finds that the alleged person, in deed, is incapacitated. This immediately prompts guardianship to to the now adjudicated ward. Thus, the Alleged Incapacitated Person or A.I.P becomes officially a ward.
What will disqualify a candidate from officially being ruled a guardian of a ward? ✔️ Having an illness or incapacity themselves that makes them incapable of tending to the ward. Being convicted of a felony, or has a conflict of interest that keeps them from performing their job professionally.
What legal process must a potential guardian pass to be eligible?
In addition to separating each ward's corresponding receipts to keep a trail, what else should you do to create an Annual Guardianship report? ✔️ You are to input details about visits with your ward into case notes logs to create an Annual Guardianship Report.
Furthermore, maintain communication with service providers, caregivers, and others attending to the ward.(Ask questions that prompt the answer you want-directly or indirectly)
Documenting the trips of your ward with potential family members. Note. ✔️ Always have a number (Cost) figured out before the time of trip. Do not wait until the trip is over. Only cover the cost of the ward, no one else. Do not wait until trip is over to have a number of cost. Make sure the ward has adequate provision of him or her. If not, the trip will not be granted.
Monthly duties of me as a professional guardian to my ward? ✔️ Duties include bills like light bill, cable bill, mortgage, etc. This should be via check or bill pay services. This keeps a track record for a report(Annual Report)
How to build a credible rapport with the ward? What needs to happen during the visit, also? ✔️ Build it via communicating with him or her(The ward) on a regular basis(Document all the best you can) Thus, building as system that ensures the ward is visited by the guardian or one of the guardian's professional staff members.
Evaluate the ward's physical appearance and condition to determine if the current care is healthy and safe for him or her? For example, Showers, a limp, sores, cold or hot, in pain, etc.
When desiring a facility that fits the specifications of the ward, you should? ✔️ Make judgment based on substitute judgement that fits the desire of the ward. The luxury of living and the accommodations that the ward is inclined to.
Implementing Substitute Judgement. ✔️ Always be able to substantiate decision making for the client(No matter how big or small) Know how to articulate your decision making in court. Do not ever incriminate your self with your words. Do not open something that does not need to be open.
What does DNRO stand for? ✔️ Do not resuscitate order.
What is the premise and history of Professional Guardianship. ✔️ It is based on that we must provide for the for those that can not consciously provide for themselves. Consequently, it may cause harm to them and great economic loss to their families and community. Thus, you have Ryan Coleman as your guardian.
The awakening in the 14th century doctrine of guardianship is based on what Latin word? ✔️ "Parens Patriae", which means parents of the country....and the state is soverign.
Note, this means that the government dictates your future of your assets and provisions, no matter your inclinations.
What is a guardian? ✔️ A Court appointed guardian that looks over both the person and property, or just one or the other.
Person= Medical decisions and well fare decisions. Property= The person's assets
What is a Power of Attorney or P.O.A? ✔️ The person pre-chosen by the ward/principal(before being deemed incapacitated) to carry out specific money management duties. This document authority granted to this individual. The P.O.A can be revoked at any time.
What is a Durable Power of Attorney. How can they be compared to just a Power of attorney? ✔️ They exercise all the power of power of attorney. However. they have the rights and power to remain after they(the ward) has been deemed incapacitated) Also, even after the ward has become deceased, they are still in control of the situation. This does not apply to being just the P.O.A. This only applies to a Durable Power of Attorney.
What is the significance of a Health Care Surrogate? ✔️ Someone by the principal(the ward) that was pre designated via the ward,before incapacitated, to be in charge of the all health care decisions.
Note, in order to legally put this into law, it must signed by a competent principal(Person to be ward) in the presents of two witnes.Note,theremustbe least one individual must not related by blood or marriage.
What is something we,asProfessionalGuardians, should verify before taking on the responsibility of a ward? ✔️ Do this ward have a designated Health Care Surrogate. If so, it is my responsibility to work hand and hand with that individual.
The Significance of the Baker Act and Marchman ACT ✔️ Mental Health is associated with the Baker Act. This is an organization founded in Miami that addresses mental health disorders to prepare an individual to live in society.
Meanwhile, the Marchman Act is associated with the Florida inpairment Act.
What is the significance of an Emergency Temporary Guardian or ETG? ✔️ This is implemented when a potentially incapacitated person has not been adjudicated. However, the need of an ETG is needed for the Alleged Incapacitated Person (AIP) may be in danger of their property and well being. This is where an ETG steps in after a petition on an AIG is filled.
What is an AIG? ✔️ An AIG is an alleged incapacitated Person that is going through the procedures to possibly be incapacitated at some point.
How long does the ETG last up to until a permanent guardian is assigned? ✔️ An ETG is eligible up to 90 days. However, the Emergency Temporary Guardian may be extended an additional 90 days if needed. Note, a petition has to be drawn up to prompt an ETG
What is Limited Guardianship opposed to Professional Guardianship ✔️ Limited guardianship is certain/specific duties given to a person that the court feels is responsible and competent to handle.
What is a Plenary Guardian? ✔️ An individual that has legal capacity to serve a ward's person and property.(Both person and property)
What does a Standby Guardian refer to ✔️ A Standby Guardian refers to minors only. This is in the case that when the original guardian leaves for a specific reason. Thus, the court petitions someone to step in to help the minor.
When is a Corporate Guardianship being exercised? ✔️ This is when a Non-profit organization steps into play. Let's just say the Salvation Army or Avow Hospice, for example. In the case of a specific corporation charging fees. they must hire at least one Professional Guardian.
What is a Foreign Guardian situation? ✔️ This is when a ward from out-of-state is moving to your state(Florida) within 60 days. To qualify, they must file an order of appointment with the Clerk of Court in the county the ward resides.
When does a Successor Guardian take place? ✔️ This occurs, a successor guardian, when the original guardian leaves, resigns, dies, or becomes incapacitated themselves. This prompts a Successor Guardian to now become the permanent replacement. Hence, Joshua taking over for Moses.
What is a Surrogate Guardian? How long are there eligible for?
✔️ When a Plenary Guardian(Me) takes a request to leave work for a maximum of 30 days via the approved petition to the court. If approved, the original guardian takes full responsibility. For example, the teacher(Katina) being summoned by the cat's bill because it was sick, so the Surrogate Guardian paid the medical bill. Hence, her bond had to pay for the mistake.
Bifurcated Guardianship scenario ✔️ This is when the Guardian(You) are playing the role of a co-guardian with another person or entity. Therefore, you split the duties to them as a guardian of persons and or guardian of property.. We must mutually work together to be effective to the ward.
Guardianship appointed to a minor has all the rights as a...... ✔️ Guardianship appointed to a minor have all the rights of a Plenary Guardian, which is full responsibility(not limited)
In regards to a minor collecting an inheritance, what is must the legal amount exceed in order for a legal guardian to be appointed for the disbursement of funds when eligible? ✔️ The inherited funds must exceed $15,000. Note, The legal guardian is usually required because the minor's parents have unfortunately passed away.
Roles as a Plenary Guardian to obtain for your ward's best welfare. ✔️ 1. Medical Records. 2. Personal Care. 3. Social Services benefits for their welfare. For example, finding their identify and what they are entitled to. Furthermore, the residential setting of a specific ward. These are specifications to their lifestyle.
What keeps you in good standings with your job mission and title to your specific ward? ✔️ Understanding your sole responsibility is to the ward and no one else. Thus, they should have your undivided attention. In the midst of your undivided attention to the ward, you are no one's friend.(Including their family)
Why can family not be trusted as friends? ✔️ Because they are most likely to set you up to find fault in you through the court. Remember, you consequently have walked into a disorganized situation. Thus, your professional help is now needed. You are not obligated to share information to no one other than the ward. This could highly be a conflict of interest.
Who do you primarily work with to provide the best services for your ward? ✔️ You work with the courts, attorney's, and service providers to ensure their changing demands are being met. This often requires intensive research to find out what's eligible for the ward.
Facts to know when taking the responsibility of a guardian. ✔️ I have a fiduciary duty to my ward and no one else. I am held responsible, both to civil and criminal penalties. Note, you have authority that does not require court approval. Also, I have some duties that need court approval to proceed on.
What goes on in the Role of Mediation ✔️ This is when the family dispute continually over allocations over the ward and the care is needed for him or her. This may prompt Role of Mediation. This is where a third party intervenes so it may not come to court(Which cost money for a long decision) However, it ultimately comes down to the court to make the final decision. This will decide determination of the state of the ward and the future proceeding/How much care will be needed.
What are some topic discussed during the mediation? ✔️ 1. How are the funds being spent bys me in regards to the ward.
- Should I receive(the guardian) more or less powers for my ward.
- A physicians report could change the outcome of the state of the incapacity of the ward. Hence, my duties.
- Where my ward will live and have assistance that accommodates him or her.
Who's usually at the mediation? Who can be there. ✔️ Firstly, the AIP(if he or she is able) The Court Appointed Attorney( to work of behalf of the wishes of the alleged incapacitated person. The Professional Guardian, maybe the non-family caregiver. Note, protect your AIP'S confidentiality and privacy, even from family members(This is because people typically like to build a case against you somehow) For example, pretending to be your friend.
How do you make a decision in regards to your ward. ✔️ The process is guided by exercising the ward's independence and right through self determination.(There decision if they(the ward) was capacitated. It is based on the best interest standard, and substitute judgement.
Rules of the Substitute Judgement implementation to ward. What should it be based on. ✔️ First, consider what the ward would want in that scenario if he or she was fully capacitated to make that decision. Especially let them have there way if it will not substantially harm them. For example, yes they make have cookies. Weigh if it will cause more harm than refusing to give it to them.
Consider if side effects from medical treatment if done or not done.
Not your best interest, but the choice of the ward if they were in this predicament. (Insight from the family may reveal the choice of the ward if he or she was capacitated)
Setting up boundaries....what is the goal of it? ✔️ The goal of setting boundaries is to protect yourself from incriminating yourself due to family members likelihood of putting on a façade to convict me.
What is the Less Restrictive Alternative? How can it be applied?
✔️ The Less Restrictive Alternative is develop the ward to be as independent as possible with time. The progression starts with researching medical treatment, patient training, education options, and assessment of the ward and their ability to be more independent. Hence, less restrictive.
What is informed consent? ✔️ Is it the right I have as a guardian of the ward to speak on behalf of the ward's wishes based on substitute judgement.
What am I responsible for reporting of behalf of the ward? How often is this done. ✔️ You will be reporting the duties that you have taken over to verify your work for incapacitated ward. It should be done periodically.
When should the initial reporting that has a letter signed be finalized?(Medical, Mental, and personal care for the ward) ✔️ Within 60 days. It should constitute Medical, Mental, and personal care for the ward.
If an item or properties is not discovered in the first inventory,(accumulation of items) how long does the guardian(Me) have to file with the court after the inventory is located? ✔️ 30 days after the initial report.
Every April 1st of the year, the bank is able to do what if there has been no activity of the ward's account? ✔️ A simplified annual accounting can be done for reporting.
What is the Office of Public and Professional Guardians short for? What is its abbreviation. ✔️ It is also known for its abbreviation of OPPG
What is a POA? What is its significance in this field of professional Guardianship? ✔️ The person chosen by the principal/person to carry out specific financial responsibilities (Financial Management Duties) This document give authority and grants power. However, it can be revoked by the person(if needed) Note, the POA is for a competent person only. They need the assistance of a POA, however.
What is a Durable Power of Attorney compared to that of just a Power of Attorney? ✔️ A Durable Power of Attorney exercises all the rights of a POA(Financial) However, they have all the rights to remain after the person becomes incapacitated. or even after death.
What is a Healthcare Surrogate. What are the qualifications to become one? ✔️ They can only be designated by a competent person(before being incapacitated) to designed to make health care decisions.
How is the Baker Act usually initiated? ✔️ It is usually asked of by the Health Care Surrogate of the principal(person) or petitioned in for a hearing.
Who is usually appointed by the court when a potential Baker Act client has been served? ✔️ A Guardian Advocate is usually appointed. Note, they must complete necessary training.
If the Healthcare Surrogate did not work out, what will sought out? ✔️ A proxy will be sought out as a replacement.(An eligible replacement)
In the scenario where a proxy or any other type of guardian exercises substitute judgement for their client, then the facility does not not comply, what must the facility do as an option at there own expense? ✔️ The facility must send the patient within 7 days to another facility.
What are the Healthcare surrogates able to do/access? ✔️ Access medical records, apply for social benefits, which include Medicaid.
Act for the principal/person and make health care decisions.
Make substitute judgement and provide written consent .(All of which a plenary guardian is able to do(Me)
What needs a court order/what can not be done on demand? What needs to be done to process these options? ✔️ Firstly, a do not resuscitate order requires a court order. Secondly, proceedings for an abortion. Also, the ability to commit them into a mental facility.
A petition to the court with substantial reason why they are needed.
All of your decisions on the ward's behalf should always be able ✔️ To articulate it verbally if called to court on an issue that needs resolved.
Note, there are many ways to handle a ward's financial wishes. What are some Money Management options. ✔️ Firstly, there is an option for a custodial account. Secondly, a joint account. Lastly, a Living Account.
What essentially is a Custodial Account?
✔️ .A Custodial Account is one that is distinct from a Joint Account. The person over the custodial account will not be able to make medical or person choices for the ward.
Joint Account vs Custodial Account. ✔️ It is usually intended to avoid probate. Thus, the joint recipient will take over the account. This is to avoid that person's home from going into probate/auction.
Living Trust was develop why?(By a paid attorney) ✔️ It was developed to adequately allocate funds and property out in a way that the incapacitated or dead was competent to do it on their own. It is done at a time when they feel it's best for them to receive property.
Representative Payee's Job Title ✔️ This is a leadership role over the principle(Person) that makes you responsible over their funds to pay their bills for necessities.(Nothing else)
It is a financial arrangement that allows a separate individual to receive social security(Government funds) This also known as being a person's fiduciary.
What is a fiduciary ✔️ a person who is required to act for the benefit of another person on all matters within the scope of their relationship; one who owes to another the duties of good faith, trust, confidence, and candor; one who must exercise a high standard of care in managing another's money or property.
Guardians need to be familiar with Mental Disorders. What is are the to distinguishing departments to address mental disorders? ✔️ Mental Health is associated with the Baker Act
Meanwhile, The Florida Substance Abuse is associated with the Florida Substance Abuse/Marchman Act
Example of The Baker Act Process ✔️ This is when a person becomes a threat to themselves or others(threats) by verbal claims or hurting themselves. Thus, they are involuntarily held for 72 hours until evaluated.
The Florida Substance Abuse/Impairment Act. Vs. The Baker Act ✔️ The Impairment Act or Marchman Act is designated to those who are mentally effected by substance abuse. This is usually done voluntarily(by choice) by an individual that is related to them are deeply cares about their welfare.
What are the negative affects of a mental disorder? ✔️ It affects mental functioning, mainly memory processing and problem solving skills.
What are the safe guards for the elderly or disabled during the transfer to another facility of the Baker Act consist of? ✔️ The elderly is considered 60 or above. Or, and have dementia(Disability) their voluntary consent must be evaluated before the transfer to another facility is accepted.
Furthermore, there must be no connection, which may cause a conflict of interest, from the examiner and patient.
During a transfer or new arrival of Baker Act client, when is the appropriate time a Guardian Advocate should be notified of there "Safe Guard" transfer to a new facility? When should the Health Care Administration be notified of the patients arrival to the facility? ✔️ The Guardian Advocate should not be notified no later than the filing of the petition. Meanwhile, the Health Care Administration should be notified within 24 hours.
What is the significance of the Health Care Administration? ✔️ Essentially, they are a continuing innovative organization that makes record keeping and administering convenient, organized, and productive.
What is the significance of The Department of Children and Families. What is their scope of practice? What do they advocate for? ✔️ Child protective Services, Adult protective services, Economic sufficiency funding(Food stamps or cash assistance), And substance abuse.
In addition to the duties stated above that the Department of Children and Families adhere to, what is the obligations to facilities of patients and associates? ✔️ DCF or The Department of Children and Families are responsible for monitoring facilities that adhere to the standards set in place.
Who is DCF required to report their violations to? In this case, for example, violations of The Baker Act community? ✔️ ACHA, which stands for Agency of Health Care Administration. They will, therefore, put sanctions against the Baker Act if found going out of the standards.
What is a Court Clerk and the role they play? What are their responsibilities? ✔️ They are set up in districts to play a role in the judicial system of handling duties. They take care of public payments owed and paid, Court cases, probates, etc.
What is a probate? Note, there is a probate court. This is not a daunting process. ✔️ A proven document that proves that their(the deceased) property(Estate) and belongings are going to be allocated in the manner they(the deceased) has chosen after their expenses has been paid.
What is a Pre-need Guardianship? How is it beneficial to avoid conflicts and confusion.
✔️ A Pre-need Guardian is when a competent person(Before incapacity) documents that they would like a specific family member or person to be over them with life decisions. This gives proof of substitute judgement.
This can avoid conflict and confusion when loving family members dispute over who and how there incapacitated person of interest is tended to.
What is the role of a Public Guardian? ✔️ This is a guardian that is sent out by the Statewide Public Guardianship Office to tend to a person that has limited funds for services. This is that of last resort. They must, however, be qualified.
Annual Guardianship plan ✔️ This is a report , filed by the guardian of person(medical status and future plans) which specifies the medical, mental state, and physical care of the ward for the upcoming year.
What is ex parte communication? ✔️ It is when the defending party is being served(but has not been proven guilty) on allegations that the court may feel is in immediate danger to the plaintiff. Therefore, some rights of the plaintiff may be revoked without being proven guilty until the scheduled hearing.
The Florida Circuit Court and it's role. ✔️ It is established in the constitution to serve each for the 20 judicial circuits that the United States has. They serve in matters on jurisdiction over civil disputes that.
What are the duties of the Florida Circuit Court? ✔️ To handle decisions(Civil) in a certain jurisdiction in disputes involving more than $15,000, controversies involving involving decedents(relatives), minors, and persons adjudicated as minors.
Besides qualifying to be a guardian by being of the legal age of 18 and being mentally competent by "Sui Juris" Latin Word, what else are some of the qualifications that make a person have deference to the court? ✔️ The person is related by blood or marriage The potential person has an educational background that will benefit the security of the wards welfare in a certain area. Has the physical ability to handle the job The ward has expressed wishes to be tended to by that person before incapacitated. Also, if the child is 14 or older, the court takes into consideration whom that child prefers as legal guardian.
The Role of an Advanced Nurse Practitioner
