Guiding Families Through Guardian Advocacy in Florida
When a loved one with a developmental disability turns 18, parents often face new challenges. While legal adulthood begins, not everyone is fully prepared to make important decisions alone. Guardian advocacy is a Florida legal process that allows families to step in with support, without taking away a loved one’s independence. At Elder and Estate Planning Attorneys, PA, we guide families through this process with compassion and clarity, helping you protect your loved one’s future while honoring their unique needs.
What Is Guardian Advocacy?
Guardian advocacy is a legal process unique to Florida that allows parents or caregivers of individuals with certain developmental disabilities to obtain the legal authority to assist with decision-making after the individual turns 18. Unlike full guardianship, this process acknowledges that your loved one may still be capable of making some decisions independently, while needing help with others.
This option is available for individuals diagnosed with conditions such as:
Autism
Cerebral palsy
Down syndrome
Intellectual disabilities
Prader-Willi syndrome
Phelan-McDermid syndrome
Spina bifida
Frequently Asked Questions
Is guardian advocacy the same as guardianship?
No. Guardian advocacy is specific to individuals with developmental disabilities and does not require a full incapacity hearing. It’s often a more appropriate and respectful option for young adults with lifelong conditions.
Does guardian advocacy remove all rights from the individual?
Not at all. The court will determine which rights should be retained and which can be assigned to the guardian advocate. The goal is to preserve as much independence as possible.
Can more than one person serve as guardian advocate?
Yes. Co-advocates, such as both parents, can serve together if approved by the court.
How long does guardian advocacy last?
Once granted, it remains in effect unless modified or terminated by the court. Annual reports are usually required to maintain the order.
What Is the Process for Guardian Advocacy in Florida?
While less complicated than guardianship, guardian advocacy still requires formal court involvement. Here’s what to expect:
Filing a petition with the court
Including medical documentation of the qualifying condition
Identifying which rights the individual can retain and which will be delegated
Attending a hearing where the court reviews the request
Receiving a court order granting the guardian advocate specific responsibilities
Our team will walk you through each step, making the process as smooth and stress-free as possible.