Like Guardianships, Guardian Advocate is a legal relationship between the guardian advocate and ward, much like that of agent or attorney-in-fact, that is created by Order of a court with proper jurisdiction.
In Florida, the Probate Courts hae the exclusive jurisdiction over the appointment of guardian advocates for incapacitated adults.
There are many misconceptions about guardian advocates. Many parents have a tendency to believe that even when their child with a developmental disability turns 18, they as parents still retain the role a the legal guardian. However, in the state of Florida, regardless of whether a person has a disability, once they turn 18 years old, they are entitled to make any and all decision on their own.
In general, a Guardian Advocate or guardian should be appointed in order for parents to continue to make the same parental decisions for their child as they were able to do prior to the child's 18th birthday.
There are four areas that are most likely to be difficult for any persons with development disabilities. These areas include:
Becoming a Guardian Advocate requires several steps, including filing your petition and being subject to a background check by the local police and the Florida Department of Law Enforcement (FDLE).
After a petition is filed, a hearing is held in front of a General Magistrate, typically in about 30 days.
The letters of Guardian Advocate and order appointing a Guardian Advocate are sent to the Judge for signature and are usually signed within 10 days.
The Law Offices of Theodore Kaufman, P.A. can help you through this process, and we encourage you to send us your initial consultation by filling out our contact form. Start by selecting Guardian Advocate in the menu on the right.
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