Guardian Advocacy

Guardian Advocacy

GuardianAdvocacy is a legal proceeding in Florida for adults with a developmentaldisability. Florida Statute 393.063(12), defines a developmental disabilityas“a disorder or syndrome that is attributable to intellectual disability,cerebral palsy, autism, spina bifida, Down syndrome, Phelan-McDermid syndrome,orPrader-Willi syndrome; that manifests before the age of 18; and thatconstitutes a substantial handicap that can reasonably be expected to continueindefinitely.”

GuardianAdvocacy allows someone, most often the parent(s), to continue being theguardian of the individual with the developmental disability when theybecomean adult. Just like all other minors, individuals with a developmentaldisability are legally an adult when they turn 18 years of age.Being the guardianof someone with adevelopmental disability after they become an adult allows you to continuecaring for them as if they were still a minor. Just like being theparent ofyour minor child, you are given the ability to continue making all of theirmedical, financial, education, residential decisions.

THEGUARDIAN ADVOCACY PROCESS

TheGuardian Advocacy process begins with the filing of a petition with the Court.Per the Florida Probate Code Rule 5.649, the petition must:

1. the name, age, andpresent address of the petitioner and the petitioner’s relationship to theperson with a developmental disability;
2. the name, age, countyof residence, and present address of the person with a developmentaldisability;
3. that the petitionerbelieves that the person needs a guardian advocate and the factual informationon which such belief is based;
4. the exact areas in which the person lacks the ability to make informeddecisions about the person’s care and treatment services or tomeet theessential requirements for the person’s physical health or safety;
5. the legaldisabilities to which the person is subject;
6. if authority issought over any property of the person, a description of that property and thereason why management or control of that propertyshould be placed with aguardian advocate;
7. the name of theproposed guardian advocate, the relationship of the proposed guardian advocateto the person with a developmental disability,the relationship of the proposedguardian advocate with the providers of health care services, residentialservices, or other services to the person withdevelopmental disabilities, andthe reason why the proposed guardian advocate should be appointed. If a willingand qualified guardian advocatecannot be located, the petition must so state;and
8. whether thepetitioner has knowledge, information, or belief that the person with adevelopmental disability has executed an advance directiveunder chapter 765,Florida Statutes, or a durable power of attorney under chapter 709, FloridaStatutes.

Afterthe petition is filed, the Court must appoint an attorney to represent theindividual with the developmental disability within 3 days. This attorney isknown as the court-appointed attorney. Their role is to verify thedevelopmental disability for the Court so the Court can determine whether aGuardianAdvocacy is appropriate. The court-appointed attorney also meets withthe individual with the disability as well as the person(s) seekingguardianship andadvises the Court whether they should be awarded guardianship.

TYPESOF GUARDIAN ADVOCACY

Thereare 3 types of Guardian Advocacy. A petition can be filed to become a GuardianAdvocate of the Person, Guardian Advocate of the Property, orGuardian Advocateof the Person and Property. A Guardian Advocate of the Person and Property is aPlenary Guardian Advocate. Which type of GuardianAdvocacy you need depends onwhich rights the individual with the developmental disability needs yourassistance with. Guardian Advocate of the Personallows you to make all medicaldecisions on their behalf. This includes determining their residence, makingtheir medical and mental health decisions as wellas controlling their socialsettings. Being a Guardian Advocate of the Property allows you to manage allassets the individual with the developmental disabilitymay have.

DUTIESOF A GUARDIAN ADVOCATE

Onceyou are appointed a Guardian Advocate, there are duties that must be performedimmediately and duties that much be performed every year. A GuardianAdvocateof the Person must file an Initial Plan with the Court within 60 days of beingappointed. The Initial Plan tells the Court what services the individualwiththe developmental disability will need during the upcoming year. Possiblerequired services could be for mental health, medical purposes, or social andpersonal needs. The plan must be updated with the Court each year.

Ifyou are appointed a Guardian Advocate of the Property, then an InitialInventory must be filed with the Court within 60 days of being appointed. TheInitialInventory tells the Court what assets the individual with thedisability has. Before any of the assets can be spent, you must first obtain permissionfrom theCourt. Additionally, an accounting must be filed each year. Theaccounting tells the Court how the assets have been managed and used during theprecedingyear.

Ifyour child is about to turn 18 years of age with a developmental disability,contact the Law Office of David M. Goldman, PPLC today to speak with aJacksonville Guardianship Lawyer. The Guardian Advocacy process generally takesan estimated 30 to 45 days.

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