A guardian advocacy is a summary form of guardianship designed for families with a developmentally disabled child over the age of eighteen who was diagnosed with their disability prior to attaining age eighteen. Florida law provides this summary process for individuals who have developmental delay, cerebral palsy, autism, Prader Willi disease or Spina Bifida.

In a guardian advocacy, no determination of incapacity is required. A letter from the child’s doctor outlining the child’s condition and prognosis takes the place of an incapacity determination. A guardian advocacy is filed in the county where the disabled individual lives. Both the disabled person and the proposed guardian advocate are generally both represented by counsel. Background checks, fingerprints, guardianship education and annual reports are all required. In most cases, the child’s parent(s) will be appointed as the guardian advocate(s).

In Florida, if a child has a developmental disability that started before the age of 18, the court can appoint what is known as a “guardian advocate” to help a person who lacks the decision-making ability to manage their personal care or finances.   In order to file for guardian advocacy, the child must be over the age of 18 with a developmental disability which includes a disorder or syndrome attributable to intellectual disability, cerebral palsy, autism, spina bifida, Prader-Willi syndrome, Down syndrome or Phelan-McDermid syndrome.  (See Florida Statute, Section 393.063 (12)).

Usually, it is a parent that files the Petition requesting to be named the guardian advocate.  Florida Statute, Section 393.12 even allows a person to do this without being represented by an attorney, unless the court requires an attorney or if the guardian advocate is trying to be guardian over the person’s property (other than the right to be representative payee of government benefits).  If the disabled adult child has real estate, a personal injury settlement or any other assets/income other than the receipt of SSI or SSDI, the court will require that the guardian advocate be represented by an attorney.

At the Law Office of Gerald L. Hemness we can help you understand your many responsibilities and assist you in every step of the Guardian Adocacy process.