Guardian Advocacy in Florida: A Step-by-Step Guide for Families
When a loved one with a developmental disability turns eighteen, families are often faced with an important and emotional decision: how to continue providing care and support while respecting their growing independence. In Florida, the Guardian Advocacy process offers a solution that balances protection with dignity. This legal tool allows family members to make critical decisions on behalf of an adult with a developmental disability without declaring them legally incapacitated.
Guardian Advocacy is unique to Florida law. It was created specifically for individuals diagnosed with certain developmental disabilities, including intellectual disabilities, autism, cerebral palsy, Down syndrome, Phelan-McDermid syndrome, Prader-Willi syndrome, and spina bifida. If your adult child or family member requires assistance in managing daily tasks, medical care, education, or finances, Guardian Advocacy may be the right path to ensure they are supported while preserving as much autonomy as possible.
The process begins with filing a petition in the local circuit court. The petition outlines the individual’s diagnosis and explains why a guardian advocate is needed. Unlike full guardianship, this process does not require a determination of incapacity. This can make the journey less adversarial and more collaborative, often avoiding the need for expert witnesses or lengthy hearings. Once the petition is filed, the court will review the case and, if appropriate, appoint the guardian advocate. This role can be held by a parent, sibling, or other trusted adult who is committed to acting in the best interests of their loved one.
Being appointed as a guardian advocate comes with important responsibilities. These may include making decisions about healthcare, education, housing, and finances. The scope of authority is tailored to each individual’s needs, allowing for a customized approach that honors their capabilities and preferences. The guardian advocate is also expected to submit regular reports to the court, ensuring transparency and accountability.
At the Law Offices of E.F. Robinson, P.A., we understand that this is more than just a legal process—it’s a deeply personal step in your family’s journey. Our team offers compassionate guidance to help you understand the law, complete the necessary paperwork, and appear confidently in court. We are here to ensure that your loved one receives the care and protection they deserve, while you receive the peace of mind you need.
If you are considering Guardian Advocacy in Florida, we encourage you to reach out. This process can feel overwhelming, but with the right support, it becomes a powerful tool for love, advocacy, and protection. Let us walk with you through this important chapter.
