Guardianship | Guardian Advocacy

There are two ways families can protect their loved ones when they cannot defend themselves. The first alternative is guardianship, and the second is guardian advocacy. There are differences between the two; speaking with an attorney can help families decide the best and least restrictive alternative to pursue.

What is the difference between Guardianship and Guardian Advocacy?

Guardianship

  • Incapacity for any reasons (i.e, Alzheimer’s, auto accident, minor child) FSS 744.102(9)
  • Person and/or Property
  • Any or all rights can be taken aways FSS 744/3215(2), (3)
  • Guardian must be represented by an attorney
  • Determination of incapacity of Protected Person FSS 744,331(3)

Guardian Advocacy

  • Developmental and intellectual disability FSS 393.063(9)
  • Person and/or Property (if property, an attorney is necessary)
  • Some but not all rights are taken away FSS 744.3215(2), (3)
  • Guardian Advocate does not need to be represented by an attorney (if it is Guardian Advocacy of the person only) FSS 393.12(2)(b)
  • The court requires a report to confirm that the Protected Person has a developmental disability that manifests before the age of eighteen (18). FSS 393.063(9), FSS 393.12(6)(d)

Guardianship

Guardianship is a legal mechanism employed to protect those who cannot protect themselves or who can no longer protect themselves,” says Catherine Davey, Attorney at Law. The circumstances for Guardianship are unique and vary from case to case. There are some similarities to the process; we have information available to educate about Guardianship.

Guardian Advocacy

A parent is the natural guardian of their child until that child reaches 18 years of age, the age of majority. Every individual is considered an adult in the eyes of the law when they reach the age of majority, regardless of disability or individual circumstances. Guardian Advocacy is a legal process through which parents, family members, or friends of individuals with a developmental disability can obtain the legal authority to act on the individual’s behalf. Guardian Advocate appointments are governed by section 393.12 of the FSS (Florida Statute Section).