Families of individuals with developmental disabilities sometimes assume that turning 18 automatically requires a traditional guardianship.
That is not always the case.
Florida law provides a separate procedure known as guardian advocacy for certain persons with developmental disabilities.
What Is a Guardian Advocate?
Under Florida law, a circuit court may appoint a guardian advocate for a person with a qualifying developmental disability without a traditional adjudication of incapacity when statutory requirements are satisfied.
The court must consider the individual’s unique needs and abilities and may delegate only those decision-making tasks the person lacks the ability to exercise.
Guardian Advocate vs. Traditional Guardianship
The distinction is important.
A traditional Chapter 744 guardianship generally requires a formal incapacity proceeding.
Chapter 393 guardian advocacy can provide a different path for certain persons with developmental disabilities without a formal adjudication of incapacity.
What Rights Does the Person Keep?
A person for whom a guardian advocate is appointed retains all legal rights except those specifically granted to the guardian advocate.
This reflects the broader principle that assistance should be tailored to the individual’s actual needs.
Are Powers of Attorney and Advance Directives Considered?
Yes.
Florida law requires the court to consider existing advance directives and durable powers of attorney and whether those documents sufficiently address the individual’s needs.
Does the Person Have an Attorney?
Yes.
The statute provides for court appointment of counsel and allows the person to substitute his or her own attorney.
Do Parents Automatically Continue Making Decisions After Age 18?
No.
Legal adulthood changes decision-making authority. Families should therefore evaluate the individual’s abilities and determine whether supported decision-making, estate-planning documents, guardian advocacy, or another arrangement is appropriate.
Speak With Florida Guardian Advocate Attorneys
The correct structure should preserve as much independence as possible while providing assistance where it is genuinely needed.
Contact The Gigele Law Firm at (772) 222-6548 to discuss Florida guardian advocacy.