Once your child turns 18, they are legally an adult. That means you may no longer automatically have the authority to make certain decisions on their behalf, even if you’ve always handled their medical care, finances, or other important matters.
So, what happens next? For some families, guardian advocacy may be an option. This process allows a court to appoint someone to help an adult with a developmental disability make certain decisions while preserving the individual’s other legal rights.
Here is what you will want to know about the guardian advocacy proceeding in Florida.
What Is Guardian Advocacy?
Guardian advocacy is a legal process under Florida Statutes § 393.12. This allows a court to appoint a guardian advocate for an adult who meets Florida’s statutory definition of a developmental disability and needs assistance making certain decisions about their person or property.
There is one important difference between guardian advocacy and traditional guardianship. Guardian advocacy does not require a separate incapacity adjudication. Instead, the court considers the individual’s needs and abilities, including whether they can exercise their rights with appropriate assistance, before deciding which specific decision-making responsibilities should be assigned to a guardian advocate.
The goal is to provide support where it’s needed while allowing your loved one to keep as much independence and decision-making authority as possible.
Who Can Benefit?
Guardian advocacy may be the right option for an adult with a developmental disability who needs help exercising certain legal rights or making important decisions.
For many families, this question comes up as their child approaches age 18. You may have spent years coordinating appointments, working with educators, and helping your child make important choices. Now, you need to consider whether you have the legal authority to continue providing that support in the same way.
Guardian advocacy provides a way to balance those priorities. However, having a developmental disability does not automatically mean someone needs a guardian advocate.
How Does This Process Work?
If you’re considering guardian advocacy, here is what you can expect.
Filing a Petition
The process starts with a petition asking the court to appoint a guardian advocate. The petition must explain why the appointment is being requested, identify the areas for assistance, and address existing decision-making arrangements and less restrictive alternatives, such as supported decision-making.
Protecting Your Loved One’s Rights
The adult who is the subject of the petition must receive notice of the proceeding and information about their rights. Florida law also requires the court to appoint an attorney to represent that individual within three days after the petition is filed. The individual may substitute an attorney of their own choosing.
Attending a Court Hearing
The court considers the evidence and decides whether guardian advocacy is appropriate. The court must make findings supporting the appointment and identify any decision-making rights that should be delegated. The individual has rights during the proceeding, including the right to legal representation and the right to be present.
Receiving the Court’s Decision
If the court approves the petition, it enters a written order identifying the guardian advocate and explaining the authority and responsibilities granted.
Since each person’s needs are different, the petition should identify the areas where assistance is needed. A Florida guardianship lawyer can help you understand the requirements and prepare for the process.
Will My Loved One Lose Their Independence?
The purpose of guardian advocacy is not to take away every decision-making right. Under Florida Statutes § 393.12(9), the person retains all legal rights except the specific decision-making rights the court delegates to the guardian advocate in its order.
That means the court must identify the areas where the individual needs assistance and define the guardian advocate’s authority.
This legal arrangement should reflect their individual circumstances instead of assuming that a diagnosis determines what they can do.
Get Legal Help for the Florida Guardian Advocacy Process
What is the guardian advocacy proceeding in Florida? This process can help establish a guardian advocate who can help them make decisions when it comes to their person or property.
At Niebla Probate Firm, we know that planning for your loved one’s future involves more than paperwork. You want to find the right balance between providing support and respecting your family member’s individual rights.
If your child is approaching adulthood or you have questions about guardian advocacy in Florida, contact Niebla Probate Firm. We can discuss your family’s circumstances and learn what options may be available. Schedule a consultation today.
