Back to Legal Planning: Step 3

1. The need for a guardian should be determined by the person's degree of vulnerability or need for protection, not merely by the existence of a developmental disability.

False
2. Guardian Advocacy is a particular type of guardianship available under Chapter 393 of the Florida Statutes. Limited guardianship falls under Chapter 744.
False
3. Full guardianship does remove all of the legal rights from a person.
False
4. The process of guardian advocacy can take place without subjecting the person with the disability to a competency hearing.
True
5. The fact that a guardianship is limited (rather than full) does not indicate whether it deals with the person or property.
False
6. It is possible to complete the legal process of appointing a guardian advocate when an attorney meets with the family and the individual and then files the needed paperwork with the court.
True
7. Guardian Advocacy is a type of guardianship that is only available to an individual with a developmental disability in the state of Florida.
False
8. This is not always true. Some attorneys who deal with guardianship (under Chapter 744) are not aware of guardian advocacy. Only attorneys with specific knowledge and experience with disability law should be consulted about filing a petition for a guardian advocate.
False
9. Since a competency hearing is not required, the process of appointing a guardian advocate helps to preserve the dignity of the individual with a disability.
True
10. Neither a guardian nor a guardian advocate is ever responsible for the debts of his/her ward.
True
11. Yes, the age of legal majority is 18 years.
True
12. There are two statutes within Florida law that deal guardianship: 744 and 393.
False
13. A guardian can never be forced to take a ward into his/her home.
False
14. Guardianship is one way to protect the rights of a person, including protection from exploitation.
True