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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 includes a series of review questions and answers, making it a valuable resource for students and professionals seeking to understand florida's guardianship system. it covers topics such as pre-need guardians, emergency temporary guardianships, and the roles of various stakeholders in the guardianship process. The information is presented in a question-and-answer format, facilitating understanding and retention.
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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.
Employing the concept of least restrictive alternative means that the guardian will choose the option that allows the ward...... - ansmaximum autonomy- least restrictive environment while maintaining safety and protection An individual must be mentally competent in order to set up these pre-incapacity instruments
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 - ansproxy VA may appoint a ------ to manage funds for an incapacitated veteran - ansfiduciary or guardian people with OCD often perform - ansrepetitive actions such as frequent hand washing and checking hallucinations and delusions are sometimes manifested in people with.... - ansdelirium
Potential side effects from taking psychotropic medications are - ans-dry mouth
Autism - ansdevelopmental disorder involving impairment in social interactions, verbal and non-verbal communication, and imaginative ability Florida Local Advocacy Council - ansresponsible for monitoring the proper application of the Baker Act process Who decides if the Adjudicatory hearing is open or closed - ansAIP court appointed attorney The first person appointed on the Examining Committee must be - ansa physician or psychiatrist The second person appointed on the Examining Committee can be - ans-physician
examining committee report must be received by the court how many days before the scheduled incapacity hearing? - ans10 days before who pays the premium for the blanket fiduciary bond and the credit and criminal investigations? - ansthe guardian if AIP is purported to have very little funds, what can be filed with the court to have the fees waived - ansAffidavit of indigency what is the criteria to determine if an individual is indigent? - ans-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? - ansCAN standard of proof that must be met to find a person legally incapacitated is - ansclear and convincing evidence the guardian is required to - anstake 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: - ans-the ward
marshalling ward's assets= - anslocate and take control of assets when preparing initial inventory, guardian should list value of an asset as of what date - ansGuardian Inception Date- GID examples of intangible assets - ans-stocks/bonds
If a facility refuses to honor the ward's living will provisions, the facility must - anstake reasonable effort to transfer the patient to another facility What should the guardian do in regards to the ward's wishes to refuse medical and/or surgical treatments if the ward had outlined those wishes in a valid living will before he was adjudicated - ansthe guardian should follow them A DNR or NO CODE means - ansNo efforts will be taken if the patient goes into cardiac arrest is it legal for a guardian to prepare and sign a living will for a ward who has been adjudicated incapacitated and not previously prepare one? - ansNo hospice provides what for terminally ill patients? - ans-comfort and pain control A DNR must be signed by who if the patient is not mentally competent to provide consent? - ans-physician and legal representative what action may be sought if a patient's physician, family member or other interested party believes that the healthcare surrogate has abused his power? - ansseek judicial intervention once a PEG tube has been inserted in the patient, is it ethically wrong to later seek removal of the tube? - ansNo it is not ethically wrong TPN, total parenteral nutrition, is fed into the patient via what method? - ansPICC Line what 3 sanctions can be imposed if a facility compels a patient to make an advance directive as a condition of admission? - ans-Loss of license