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Professional Guardianship State of Florida
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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
What does a healthcare surrogate not have the authority to do? - ✔✔A health care surrogate does not have the authority to place the patient into a facility if the patient is refusing to go there and to force medical treatment upon the patient if he or she refuses Why would the guardian want to review advance directives even if they are not in effect? - ✔✔There may be an indication of the words wishes, that will give guidance on the principle of substituted judgment What is an example of an agency that may provide case management services to at risk individuals? - ✔✔Department of children and family DCF, or community care for the elderly CCE 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.
- Position/licensed mental health counselor.
- Clinical social worker or Exparte petition filed with the court. What is a developmental disorder involving impairment in social interactions, verbal and nonverbal communication, and imaginative ability - ✔✔Autism What counsel is responsible for monitoring the proper application of the Baker act process. - ✔✔Florida local advocacy Council Who decides if the adjudicatory hearing is open or closed? - ✔✔The alleged incapacitated person/AIP, or the court appointed attorney Prior to the adjudicatory hearing who will receive copies of the examining committee report/ECR? - ✔✔The court, the petitioners attorney, and the court appointed attorney. Letters of guardianship give the guardian - ✔✔Authority to act Plenary guardianship means what rights have been removed? - ✔✔All rights have been removed Limited guardianship means? - ✔✔One or more, but not all rights have been removed. A guardian appointed in another state is referred to as a? - ✔✔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
Can a guardian withhold information from the ward? - ✔✔Yes if it will cause harm to the ward. When the ward needs surgery, the guardian should obtain a second opinion only if the situation warrants it. - ✔✔True Guardian should ask the rationale for recommendations made by the wards attending physician. - ✔✔True The guardian should first obtain court approval before proceeding with elective surgery, amputation of a body part or when the ward of his family disagrees or objects. - ✔✔True When making decisions for the ward, a guardian should consider the wards-wishes, level of care needed, assessment/recommendations of professionals, least restrictive alternatives, availability of supportive services, credentials of caregiver/facilities and the wards financial resources to pay for the care. - ✔✔ The guardian does have the right to terminate the services of the wards attending physician. - ✔✔True If the ward or his family oppose surgery, the guardian should - ✔✔Get a second opinion and petition the court for authority to act or instructions to act. The guardian may obtain a copy of the discharge summary for the wards hospitalization by submitting a copy of the letter of guardianship and a written request to the medical records department - ✔✔True List four important issues that a guardian should consider when the physician suggests surgery for the ward. - ✔✔Qualifications, credentials, experience in the wards disability, Medicare/Medicaid provider, covered by insurance plan, nursing home affiliation, will the physician honor the words which is stated in the Living will When should you file for a petition for an extension? - ✔✔When the guardian is unable to file the required reports on time. The extension must be filed before the date the report is due.
What are the two purposes of the initial guardian plan. - ✔✔Identify the wards needs and plan how the guardian will address those needs. When is the initial guardian plan due to the courts? - ✔✔Within 60 days of the guardianship inception date/GID 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.
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 How many days after the guardianship inception date must the initial inventory be filed with the court? - ✔✔60 days Three ways to obtain the value of the wards real property - ✔✔Formal appraisal, realtors market analysis, or tax assessed value Examples of documentation that should be attached to the initial inventory Are - ✔✔Bank statements, appraisals or proof of value of real property, investment account statements, trust documents. Florida statutes require that information regarding a trust created for the ward prior to the guardianship be included in the inventory. - ✔✔True. Accordion could be sued by the wards air FX thing that he or she was true prudent. - ✔✔True Investments considered to be of minimum risk include - ✔✔Savings account, money market accounts, mutual funds and US treasury notes, certificates of deposit, or tax exempt mutual funds and bonds. Ancillary property means that the property is located - ✔✔In another state
Credentials to look for when selecting a financial advisor are - ✔✔Certified financial planner/CFP, registered investment advisor/or IEA, chartered financial advisor/CHFC, international Association of financial planner/IAFP, or a member of the registry a financial advisors. Guardian must get court approval to sell awards assets when? - ✔✔Always Guardian may do some things with the wards money without the courtapproval. - ✔✔Checking accounts, savings accounts, money market accounts, or certificates of deposit. The prudent investor rule is a test of - ✔✔Conduct and not performance results. Investments considered a very high risks are collectibles, raw land, or precious metals. - ✔✔True For financial planning needs what might a guardian utilize to determine how long the ward might live? - ✔✔Life expectancy chart/tables 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.
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. - ✔✔ An individual approved to receive Medicaid for nursing home care is allowed to have so much money for personal needs such as cigarettes, clothing and personal items. - ✔✔$ And individual may have $2500 in a revocable burial savings account, $2000 in cash assets, unlimited prepaid irrevocable funeral, a car, a residence, and still qualify for Medicaid benefits in a nursing home. - ✔✔True
Optional state supplement/OSS is a cash assistance program that pays for a persons care in an ALF - ✔✔True A person who is receiving OSS benefits is entitled to keep how much money for his personal needs - ✔✔$ What kind of a trust is a strategy that may be employed when a patient's funds are over the income cap to qualify for Medicaid? - ✔✔Qualified income trust/QIt Allowable expenditures to lower assets in order to qualify for Medicare are, - ✔✔Burial savings account $2500, medical friendly annuities, prepaid irrevocable funeral, dental care and guardian and attorney fees/requires court approval. What program is the Medicaid program that pays for skilled nursing home care - ✔✔Institutional care program/ICP. A patient must meet the income and asset cats to be eligible for Medicaid to pay for nursing care and must be screened for by the cares unit to determine if they meet the level of care for the skilled nursing home - ✔✔True. Upon the death of a beneficiary, remaining funds in a QIT must be paid to? Up to the amount paid for medical care on behalf of the beneficiary - ✔✔The state Medicaid program Funds in a special needs trust for a disabled person/D48, may only be used to pay for items not covered under the Medicare program and maybe used to pay guardian and or attorney fees or purchase a van or housing for the beneficiary. - ✔✔True The beneficiary does not have the ability to direct how funds will be disbursed in a third-party self settled trust. - ✔✔True.
