Some children have conditions that interfere with their ability to make certain decisions or to communicate their wishes to others. The child’s parents usually manage these issues until they turn 18, but the parents’ legal authority ends when the child reaches adulthood.
Guardianship advocacy allows a parent or a disabled person to request the court to appoint someone to help the disabled person in the areas where they have trouble. The authority of a guardian advocate is limited, and the disabled person retains as much autonomy as possible.
Contact a Florida guardianship advocacy lawyer if you are concerned about how your disabled child will manage when they turn 18. Our guardianship attorneys can evaluate whether your child’s condition qualifies them for a guardian advocate, and if so, they can represent you in proceedings to appoint a guardian advocate.
Understanding Guardianship Advocacy
Guardianship advocacy is a less restrictive form of guardianship for people who have not been found incapacitated or incompetent to manage their affairs. The guardian advocate provides help and assistance to the disabled person (ward), but they must work collaboratively with them and allow them as much autonomy as possible.
Only people who have a developmental disability qualify to have a guardian advocate. According to Florida Statute § 393.063, conditions that qualify as developmental disabilities include:
- Autism;
- Cerebral palsy;
- Down Syndrome;
- Intellectual disability;
- Phelan-McDermid Syndrome;
- Prader-Willi Syndrome.
The condition must have been diagnosed before the child turned 18 and there must be no reasonable expectation of improvement in their ability to manage their own affairs.
A parent can apply to have a guardian advocate appointed six months before the child turns 18, and it will take effect on their birthday. A parent should seek the help of a Florida attorney to prepare the legal petition requesting guardianship advocacy. The parent can even seek to be appointed their own child’s guardian advocate but should also name someone else to serve if the parent dies or becomes incapacitated.
Duties of a Guardian Advocate
The order granting guardianship advocacy will specify the guardian advocate’s duties. It is important to recognize that a person with developmental disabilities may be competent to handle many areas of their life and the law supports them in making their own decisions when possible.
Development disabilities often impact the disabled person in specific ways. Some people may find it too overwhelming to find a place to live or manage a work or school schedule. Others might need help managing their public benefits and personal money. The guardian advocate helps the ward make decisions or manage situations that are too challenging for them to handle alone.
Who Can Be a Guardian Advocate?
A Florida resident can be a guardian advocate if they are at least 18 years old, mentally and physically capable of serving, and have not been convicted of a felony or certain other crimes. An out-of-state resident can be a guardian advocate when they are related by blood or adoption to the ward.
In many cases, a parent serves as guardian advocate with a spouse, sibling, or other close relative as successor (the person who takes over if the parent dies or cannot fulfill their duties). However, anyone can be a guardian advocate if they meet the law’s requirements. The court will consider the preferences of the ward when appointing a guardian advocate.
Courts Supervise Guardian Advocates
Guardian advocates have responsibilities to the courts and the ward. They must submit a report to the court within 60 days of appointment, which describes the ward’s needs, the services they receive, and other details. The guardian advocate must submit follow-up reports to the court every year, and a Florida attorney can help prepare the initial and annual reports.
Guardian advocates must also submit to a criminal background check and participate in several hours of training within the first months after their appointment.
Speak with a Florida Attorney About Guardianship Advocacy Today
Protecting your developmentally disabled child after they reach adulthood is a worry for many parents. The guardianship advocacy program can ensure they have the help they need.
Speak with a Florida guardianship advocacy lawyer at The Florida Probate & Family Law Firm for a free, no-obligation case evaluation.