Becoming a Guardian Advocate in Florida
When to consider being a guardian advocate:
In the state of Florida, the eighteenth birthday of a minor child marks a significant turning point in their lives. On this day, they gain all the legal rights of an adult, irrespective of their developmental disabilities. This transition, while liberating for many, can pose significant challenges for those who lack the capacity to make independent decisions. To address this issue, Florida has established a legal framework that allows family members, caretakers, or friends to seek court appointment as Guardian Advocates for developmentally disabled adults.
What is a Guardian Advocate?
Guardian Advocacy is a legal framework under Florida law designed to provide a less restrictive alternative to full guardianship for individuals with developmental disabilities. Unlike full guardianship, which typically involves a court declaring a person incapacitated, Guardian Advocacy does not require such a declaration. This means that the individual’s legal rights and decision-making capacity are better preserved, allowing them to remain more independent while receiving the support they need.
A Guardian Advocate is a legal representative appointed by the court to advocate for and make decisions on behalf of individuals who are incapacitated, disabled, or otherwise unable to make important life choices independently. This role is crucial in safeguarding the well-being and rights of vulnerable individuals, typically those with intellectual or developmental disabilities, mental illness, or other conditions that impede their ability to make informed decisions.
The responsibilities of a Guardian Advocate can vary but they often involve making decisions related to medical treatment, housing, education, and financial matters for the incapacitated person. The goal is to ensure that the individual receives appropriate care and support while respecting their autonomy to the greatest extent possible.
The concept of Guardian Advocates plays a vital role in balancing the need for protection with the preservation of an individual’s rights. It’s a legal mechanism that strives to find a middle ground between autonomy and safeguarding, offering a structured framework to ensure the well-being of those who might otherwise be at risk while upholding their dignity and independence to the extent possible.
Is your child eligible for guardian advocacy?
Florida’s guardian advocate laws state under Florida statute 393.063 that a person is considered to have a “developmental disability” if the person was diagnosed with mental retardation, cerebral palsy, autism, spina bifida, Prader-Willi, Down or Phelan-McDermid syndromes. These diagnoses manifested themselves before the age of 18 and they constitute a substantial handicap that can be expected to continue indefinitely.
Who Can Be a Guardian Advocate?
Guardian Advocates are typically family members, caregivers, or friends of an individual with a developmental disability. They must be at least 18 years old, meet certain eligibility requirements, and be willing to take on the responsibilities associated with advocating for and protecting the rights of the person with a disability.
Different forms of Guardian Advocacy
In Florida, you have the option to become a Guardian Advocate for an individual’s Person, their Property, or both.
Guardian Advocate for the Person
If you become a Guardian Advocate for the Person, you’ll have the authority to make choices regarding personal matters, including decisions related to medical or mental health treatment and determining the person’s place of residence.
Guardian Advocate for Property
On the other hand, if you become a Guardian Advocate for Property, you’ll be empowered to make decisions concerning property matters, legal actions, charitable contributions, and property management. In either case, you can typically apply for government benefits. Our South Florida based guardianship attorney can assist you in determining which option aligns best with your specific requirements.
Trust out Guardian Advocate Attorneys
Navigating the legal complexities surrounding the rights and guardianship of developmentally disabled adults in Florida requires a team of skilled and compassionate professionals. Our Guardian Advocate Attorneys are dedicated to ensuring the well-being and protection of vulnerable individuals in their transition to legal adulthood. With a deep understanding of Florida’s legal framework and a commitment to upholding the rights and best interests of these adults, our attorneys offer expert guidance and support. We are here to help families, caretakers, and friends make informed decisions that positively impact the lives of those who rely on Guardian Advocates. Trust our experienced attorneys to navigate this intricate legal landscape with sensitivity and diligence.
