Blog

Support for Adult Dependent Children in the Orlando, Florida Area

You have an Adult Dependent Child. You have many questions. What can you do to set up a plan so as to help the Child live as independently as possible even if they are dependent on you? 

You have options. You can consider Guardian Advocacy or Guardianship. Guardianship gives the Guardian more control over decision making and finances. With Guardianship, the Ward’s rights are delegated to the Guardian. 

Guardian Advocacy is a less restrictive alternative to Guardianship for an Adult Dependent Child. Florida Statute 393.12 deals with the appointment of a Guardian Advocate. With a Guardian Advocacy, the Adult Dependent Child is not examined by the examining committee members consisting of a psychiatrist, a psychologist, and a lay person. However, in a Guardianship case, the Adult Dependent Child would be examined by the examining committee members in order to determine if they have capacity. 

A judge may appoint a Guardian Advocate, without an adjudication of incapacity. However, a determination of incapacity is required in a Guardianship case. A circuit court may appoint a guardian advocate, without an adjudication of incapacity, for a person with a developmental disabilities, if the person lacks decision making ability to do some, but not all, of the decision making tasks necessary to care for his or her person or property or if the person has voluntarily petitioned for appointment of guardian advocate. 

Florida Statute 744 deals with Guardianship in Florida. In, Florida Statute 744.101 through 744.653, the role of a Guardian is explained, what a what Guardian can and cannot do is explained, when a Guardian must petition the court because they need authorization to act to do certain things is explained, the rights of the incapacitated person that can be delegated to the Ward are explained, the procedural process regarding filing for Guardianship and the court process is explained.  

Further, an Adult Dependent Child may obtain child support because of a mental or physical incapacity prior to reaching the age of eighteen. The court will examine benefits received by the child, the child’s existing and future needs, the financial resources of the  parents, and the child’s assets and income. The court may also take into consideration other financial resources or programs that are available for child support, care, and supervision. There is consideration given to whether a parent or someone else is providing care for the child or can pay for that care. 

There are Special Needs Trusts that can be set up by attorneys in order to protect the Adult Dependent Child’s government benefits if they are going to receive child support or income. It is important to check with a Special Needs Attorney to make sure the Adult Dependent Child will not lose such government benefits; and what must be done to preserve such government benefits. 

If you have more questions regarding Guardianship, Guardian Advocacy, or Child Support issues, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at https://www.annmariegildenlaw.com. 

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