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What Is a Guardian Advocacy, in the Orlando, Florida Area?

Guardian Advocacy is discussed in Florida Statute 393. In a Guardian Advocacy proceeding, the Court designates a Guardian Advocate to provide a developmentally disabled person with assistance for financial and medical decision-making. This law was specifically written to address the needs of developmentally disabled individuals. This is different than a Guardianship under Florida Statute Chapter 744 which deals with Guardianship of incapacitated adults, or minors. 

In order to have a Guardian Advocacy, the person must be diagnosed with a developmental disability. The five developmental disabilities named in Florida Statute Chapter 393 are: mental retardation; autism; spina bifida; Prader Willi syndrome, and cerebral palsy; and that constitutes a substantial handicap that can be expected to last indefinitely. 

In a Guardian Advocacy proceeding before the court, the Court proceeding does not result in removal of a person’s legal rights. A Guardian Advocate provides assistance and guidance to the developmentally disabled person in those areas where the person lacks capacity to do some but not all tasks necessary to care for person, property or estate.  A Guardian Advocacy proceeding does not involve an adjudication process (i. e. an examining committee). However, the rules of the evidence code apply and the standard of proof is clear and convincing evidence. A Guardian Advocate has the same fiduciary authority, duties, and responsibilities as a Guardian. 

A Guardian Advocacy is usually utilized when a child with a developmental disability turns eighteen (18) years of age and becomes an adult. The parent wants to make sure that they can help, guide, and assist their Adult Child. It is best to apply for a Guardian Advocacy prior to the child turning eighteen  (18) years in age in order that it is in place when the child turns eighteen (18) years of age and there is no gap in the parents’ ability to assist and help the developmentally disabled adult. 

If you have more questions regarding a Guardianship Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client privilege.