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Florida Guardianship State Test-General 203 Questions and Answers, Exams of Nursing

University of LincolnNursing

Florida Guardianship State Test-General 203 Questions and Answers

Typology: Exams

2023/2024

Available from 04/16/2024

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Florida Guardianship State Test-
General 203 Questions and Answers
What actions of a guardian do NOT require court approval?
1. Retain assets owned by ward
2. Receive assets
3. Vote securities
4. Insure assets; insure self against liability
5. Pay taxes/assessments on ward's property
6. Pay valid encumbrances against ward's property
7. Pay reasonable living expenses for ward
8. Elect whether to dissent from will
9. Hold a security in name of nominee w/o disclosure to ward
Who is an independent constitutional elected officer, acts as a "check and balance"
in government, collects and disburses fees/assessments, processes and maintains
court documents, and audits reports of guardians?
The Clerk of the Court
Brainpower
What is the definition of a guardian?
A person appointed by the court to act on behalf of a ward's person, property, or
both.
What is the intent of Chapter 744?
To allow the incapacitated person to participate in decisions as much as possible.
Guardianship is the choice of _____ _____, to establish the ____ ______ means of
protection and supervision.
last resort; least restrictive
What is always a part of the guardianship plan?
Restoration of rights
What are the two broad categories of guardianship?
Public and Private
What are the two types of private guardians?
Professional and nonprofessional
What type of guardian is appointed after the petition to determine capacity but before
a permanent guardian is appointed?
Emergency Temporary Guardian
How long does an ETG's authority last?
90 days or until a guardian is appointed
When must an ETG file a final report?
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Florida Guardianship State Test-

General 203 Questions and Answers

What actions of a guardian do NOT require court approval?

  1. Retain assets owned by ward
  2. Receive assets
  3. Vote securities
  4. Insure assets; insure self against liability
  5. Pay taxes/assessments on ward's property
  6. Pay valid encumbrances against ward's property
  7. Pay reasonable living expenses for ward
  8. Elect whether to dissent from will
  9. Hold a security in name of nominee w/o disclosure to ward Who is an independent constitutional elected officer, acts as a "check and balance" in government, collects and disburses fees/assessments, processes and maintains court documents, and audits reports of guardians? The Clerk of the Court Brainpower What is the definition of a guardian? A person appointed by the court to act on behalf of a ward's person, property, or both. What is the intent of Chapter 744? To allow the incapacitated person to participate in decisions as much as possible. Guardianship is the choice of _____ _____, to establish the ____ ______ means of protection and supervision. last resort; least restrictive What is always a part of the guardianship plan? Restoration of rights What are the two broad categories of guardianship? Public and Private What are the two types of private guardians? Professional and nonprofessional What type of guardian is appointed after the petition to determine capacity but before a permanent guardian is appointed? Emergency Temporary Guardian How long does an ETG's authority last? 90 days or until a guardian is appointed When must an ETG file a final report?

30 days after the expiration of the guardianship In what year was limited guardianship instituted in Florida? 1989 What is the definition of a limited guardianship? The court must find the ward lacks capacity to do some, but not all, tasks to care for his/her person or property. The guardian exercises only the rights specifically delegated by the court. What rights does a plenary guardian exercise? All the ward's delegable rights. What is a standby guardian? The current guardian petitions for someone to assume guardianship duties upon death or adjudication of incapacity of last surviving natural or appointed guardian. What is a VA Guardianship? Guardianship for wards entitled to receive veterans' benefits. In the event of a conflict between general guardianship law and Veteran's Guardianship law, which one prevails? Veteran's Guardianship law Who are natural guardians? Parents If parents divorce, to whom does guardianship go? The parent awarded custody of the child. If joint custody, both are guardians. When might guardianship of a minor occur? When parents are injured/incapacitated; when single parent healthy but unavailable (e.g. on active military duty) Guardianship for a minor is a _________ guardianship. Plenary A legal guardianship for a minor is required if the minor receives a settlement of over ____________. $15, This type of guardianship is a written declaration (also signed by two witnesses) by a competent adult naming a guardian in the event of incapacity. Pre-need guardianship What kind of guardian is appointed for a ward who moves to another state or country? A foreign guardian. In Florida, a foreign guardian must file an order of appointment with the clerk of court in the county of the ward's residence within how many days? 60 What is a resident guardian of a non-resident ward's property?

For what amount is a bond for public guardians? At least $25, What training must a professional guardian have? No formal education is required. A professional guardian must take the 40-hour guardianship course and do 30 hours of continuing ed every two years. What training must a nonprofessional guardian have? An 8 hour course within four months of appointment. Guardian of property of a minor must have 4 hours instruction within four months of appointment. Nonprofessional guardians may deduct the costs from ward's assets. When must a professional guardian register with OPPG? 30 days prior to bond expiration each year. What duty does a guardian owe to a ward? A fiduciary duty=someone in the highest position of trust and confidence; must act in ward's best interest, advocate on behalf of ward. What are the rules for a conflict of interest between guardian and ward?

  1. If the relationship existed prior to guardianship, it must be disclosed in the petition for appointment of guardian.
  2. Guardian can't be designated beneficiary of any insurance, etc. unless it was prior to incapacity.
  3. Guardian can't purchase/sell/lease/rent ward's property to any business or organization where guardian has relatives What should a guardian do if they will be absent for a time? Make arrangements for someone to be available: give phone # to ward; give colleague's phone # to ward. Can also petition to appoint a surrogate guardian. What attorneys are present at inception of guardianship?
  4. Attorney for the Alleged Incapacitated Person (AIP)
  5. Attorney for the guardian
  6. Attorney for the petitioner Which attorney falls off after the incapacity hearing? Attorney for AIP-falls off when IP approved by court Every guardian must be represented by an attorney A guardian ad litem is appointed if
  7. interests of guardian are adverse to ward
  8. an action is brought against ward by guardian or vice versa What Florida case enshrined the idea that an attorney's duty is to the ward, not the guardian? Didiego v. In Re Estate of Joe Montanez In what year were FL guardianship laws revised to include due process protections for wards? 1989 What are warning signs of incapacity?
  9. Making unusual loans
  10. Making loans above their means
  11. Changes in bank balances
  12. Consumer fraud/exploitation
  13. Complete dependence on another
  14. Unusual gifts to others
  15. Change in hygiene
  16. Gambling/lottery
  1. Refusing medical treatment/not complying with doctors
  2. Forgetting to pay bills
  3. Forgetting to buy food/no sign of available food What are the ADLs? Eating Dressing Walking Bathing Toileting Grooming Transferring What are the IADLs? Transport Shopping Medication management Meal prep Chores/housekeeping Money handling Laundry What are some medical disorders that often necessitate guardianship? Autism CP Mental Retardation Prader-Willi Spina Bifida What are the two broad categories of mental health issues? Organic-known physical causes Functional-no known physical cause (probably from personality factors/environmental causes) What are the most common mental health issues in guardianship? Dementia Bipolar Depression Anxiety Disorders Psychotic Disorders Cognitive Disorders have to do with the storage, retrieval, and manipulation of information What are some cognitive disorders?
  4. Delirium (sensory misperceptions such as hallucinations/delusions. Usually caused by physiological condition e.g. infection, TBI, metabolic dysfunction)
  5. Dementia What are mood disorders? Manifested by mood and behavior extremes. Caused by chemical imbalances (or learned from environment) What are examples of mood disorders?
  6. Mania-behavior extremes, elevated mood
  7. Depression-turned inward, not outward as in mania
  8. Bipolar-behavioral swings between high and low What are examples of anxiety disorders?

A petition for appointment of a guardian (w/o adjudication) is used for:

  1. Guardianship of minor (property only)
  2. Voluntary guardianship
  3. Guardianship of property only In lieu of a bond or to reduce bond, the court may require a restricted depository account On appointment, a guardian must take steps to ________ and ________ all ward assets to make sure they are ________. locate marshal; protected "Property" refers to _____ property, _____ property, and anything subject to ________. real; personal; ownership True or False: A guardian takes possession of a ward's property, including rents, income, etc. even if they were accrued prior to appointment. True The guardian must produce assets for inspection when ordered by _________. the court Immediate transactions involving the ward's assets require a petition to act. True or False: No court approval is required to retain an appraiser. True If a ward's spouse is not incapacitated, jointly owned property can be sold, transferred, or mortgaged if the spouse is involved in the transaction. What is the prudent investor rule? The guardian occupies a fiduciary relationship to ward that requires the guardian to act as a prudent person in ward's affairs. Can a guardian ever comingle their funds with the ward's? No If a ward has a significant amount of cash, the guardian can reduce or eliminate the bond by placing the cash assets into a restricted depository account. Money can only be withdrawn from a restricted depository by court order. A guardian can petition for an order to withdraw funds from a restricted depository for recurring expenses. A guardian has authority to do _______ planning to preserve ward assets by avoiding taxes on transfer of wealth at ward's death. estate A guardian should look to _____________ assets and use any _______ benefits available to the ward. maximize; government The guardian must prepare federal income tax returns for the ward. True or False? True If the ward did not file previous years' tax returns, the guardian does not need to file them. True or False? False It is important for a guardian to listen respectfully to a ward's family members.

The guardian of a person must make medical decisions based on ______ _______ and _______ ______. informed consent; substituted judgment _______ _________ is the ability to choose between alternatives using factual information, weighting pros and cons, and arriving at a decision. Informed consent What is the definition of a developmental disability? A disorder or syndrome attributable to retardation, CP, autism, Spina Bifida, Prader- Willi, manifested before 18 years of age and expected to continue indefinitely. What is a care plan? An individualized plan developed by a facility to address physical, mental, and social needs. What are the four parts of a care plan?

  1. Assessment of ward's strengths and deficits
  2. Plan of action
  3. Implementation of plan
  4. Regular reassessments of plan How often are care plan meetings generally held? Quarterly and annually or on change in ward's condition How often is a professional guardian required to visit a ward? At least quarterly ________ _________ should be written whenever there is contact or communication with or on behalf of a ward. Progress notes Who performs evaluations for suitability of institutional placement? CARES The court may suggest a professional guardian take these as a condition of receiving fee-paying appointments. pro bono cases Define public benefits Programs and services funded by state and/or federal government; available on basis of age, income, physical/mental disabilities, medical needs, and military service. What are some public benefits? Medicaid, Medicare, VA, Social Security Medicaid is an ___________ related benefit. income Medicaid is healthcare coverage for low income people. Who administers Medicaid? DCF Office of Economic Self-Sufficiency and AHCA (DCF determines eligibility; AHCA administers programs) What are the requirements to receive Medicaid? FL resident and medically needy (i.e. need help with three of five ADLs: feed, dress, walk/stand, toilet, bathe) and below income threshold. What does Medicaid cover? Nursing home costs, drugs, doctors, therapy, DME Medicaid is the _______ payer. last Medicare is _________ related.

An insurance contract. Includes SNF or ALF care. Most cover adult day care or in- home care. When must an initial guardianship report be filed? Within 90 days after the last day of LOG (Statute 744.367) What is the initial plan for a guardian of property called? A verified inventory What should be included in a verified inventory?

  1. All real and personal property and statement of encumbrances/liens
  2. Location of real and personal property
  3. Description of all income sources When should the inventory of a safe deposit box be filed? Within 10 days after box is opened To remove items from a safe deposit box, a guardian must have a court order If property is discovered that isn't in a previous inventory, when must the property be inventoried? Within 30 days of discovery The annual report of the guardian of property is called the annual accounting What must be included in an annual accounting? A full and correct account of receipts and disbursements of all property, plus year- end statements of all cash accounts from each institution where cash is deposited. For how long must transaction records be maintained? Three years after discharge A copy of the annual report must be served on the ward unless they are under age 14 or totally incapacitated The Clerk of the Court must audit annual accounting within _____ days. 90 When must the court review the clerk's audit of the annual accounting? Within 15 days of filing What three things should be included in the annual accounting?
  4. Statement that guardian has receipt/canceled check for each expense
  5. Copies of year-end bank statements
  6. Statement that guardian has reviewed accounting with ward The professional guardian is entitled to a ________ fee for services rendered and ________ for costs incurred. reasonable; reimbursement Who sets the range of reasonable fees for professional guardians? Circuit court The guardian may recover fees for _________ and _________. time; expense A professional guardian may petition for fee for ________ and ________ services. Direct; indirect What will the court consider for fee petitions?
  7. Time and labor required
  8. Difficulty of the question and skill required
  9. If taking case will preclude other employment
  10. The nature/value of ward's property and income
  11. The nature/length of relationship with ward
  12. The experience, reputation, ability of the one performing services

What was the Baker Act intended to do? Encourage voluntary commitments What is the purpose of the Baker Act? To provide mentally ill with treatment in the least restrictive, most effective way possible. The criteria for a Baker Act are that the court must find that the person is mentally ill and that because of the mental illness the patient

  1. has refused voluntary placement for treatment; OR
  2. is unable to determine on their own if placement is necessary, AND
  3. is incapable of surviving alone or with help of family/friends and likely to suffer neglect and poses threat to his/her well-being, OR
  4. is likely to inflict bodily injury to self or others based on recent behavior Which group of statutes covers Baker Acts? 394 According to 394.455(18), the definition of mental illness is
  5. Impairment of mental/emotional processes that control actions or ability to perceive reality
  6. Impairment interferes with ability to meet ordinary demands of living
  7. Refused or can't determine if examination is necessary b/c of the mental illness
  8. W/o care/treatment the person is likely to suffer neglect and there is a real and present threat of harm
  9. The definition does not include DD or retardation
  10. The definition does not include intoxication or conditions brought on by only antisocial behavior or substance abuse The Baker Act does the following:
  11. Provide for emergency reception, exam, temporary involuntary detention of persons meeting commitment criteria
  12. Admittance to treatment facility on voluntary basis when extended care is needed and unavailable in community
  13. Ensure voluntary exam/treatment done in an appropriate setting and most likely to help person return to community ASAP
  14. Guarantee dignity and human rights are protected
  15. Employ least restrictive means of intervention What are the ways a person can be Baker Acted?
  16. Law enforcement can take the person to the nearest receiving facility
  17. A doctor, clinical psychologist, psychiatric nurse, CSW can prepare certificate noting an exam was done in past 48 hours and believes the person meets the criteria
  18. Ex parte court order One of the following must happen within 72 hours of a Baker Act:
  19. The patient is released
  20. The patient consents in writing to voluntary treatment
  21. An involuntary treatment petition is filed with court by receiving facility (hearing must be set within 5 days of filing) Who presents evidence at Baker Act hearing? The state attorney What is the maximum time an individual can be in a Baker Act facility? 6 months What are the two phases of a Baker Act hearing?

Written or oral instruction from a patient stating the care/decisions they would choose in the event they are unable to consent to treatment. Who can be a health care surrogate? Any competent adult over age 18. If a facility is unwilling to follow the wishes of the HCS, they must transfer the patient to another facility, at their cost, within _____ days. 7 A HCS can

  1. access medical records
  2. apply for public benefits, include Medicaid
  3. act for the principal and make all healthcare decisions
  4. provide substituted judgment
  5. provide written consent for DNR; withhold life prolonging procedures unless there is a living will
  6. authorize patient be admitted to facility, discharged, transferred A HCS surrogate remains in effect throughout incapacity A Durable Power of Attorney survives incompetency How long does a Durable Power of Attorney last? As long as the grantor is alive A Durable Power of Attorney can be both medical and financial What is hospice? A system of care and philosophy of caring for terminally ill What are the four primary reasons for termination of guardianship?
  7. Restoration of capacity
  8. Removal of guardian
  9. Resignation of guardian
  10. Death of ward What are three additional reasons for terminating guardianship?
  11. Change of ward's domicile to different state
  12. Exhaustion of guardianship assets
  13. Guardian's inability to locate ward What is the first step in restoring capacity? Filing of suggestion of capacity What happens after the suggestion of capacity is filed? A physician is appointed to examine ward. When must the physician examining a ward for capacity file a report? Within 20 days What are the three recommendations a physician can make in restoring capacity?
  14. Full restoration
  15. Full restoration but if objections are filed, a hearing must be set
  16. Partial or no restoration - a hearing is set To restore capacity, the person filing has the burden to prove capacity by a _______ of evidence. preponderance If the court grants partial restoration, when must the guardian file a new plan? Within 60 days. If the court grants full restoration, the guardian must file

a petition for discharge and final accounting Who has the burden of proof when petitioning for review of a guardian? The petitioner How long should a guardian keep records after discharge? 3 years (a/t TC, DOEA says 5 years) True or False: Guardianship terminates on death of the ward False. Only when guardian is discharged by the court. What two items must the guardian file upon the ward's death? A suggestion of death and a certified copy of the death certificate Upon the ward's death, the guardian of property remains responsible until a personal representative is appointed for the ward's estate Any action taken after a ward's death requires a court order When a ward dies, when are the final accounting and petition for discharge due? Within 30 days of ward's death If a ward moves counties, when is a court authorization needed? If the counties are non-adjacent How long does the guardian have to file relocation notice? 15 days To terminate guardianship based on change of domicile, the guardian must: 1 File proof the foreign court has jurisdiction and has appointed a guardian who has posted bond;

  1. File a final accounting and petition for discharge
  2. File final petitions for orders authorizing payment of fees and costs
  3. Publish notice in newspaper once a week for two weeks
  4. When approved, transfer assets to foreign guardian and get receipt If guardianship assets are exhausted, does the guardian still need to file annual reports and pay the bond? Yes The duties of a guardian are not discharged until officially discharged by court order Any action taken against a guardian must commence within _____ years after discharge order. 3