A parent is the natural guardian of his or her 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 Florida Statutes.
What is the difference between Guardianship and Guardian Advocacy?
Qualifications for Guardian Advocacy
Developmental Disability diagnosed before the age of eighteen (18)
List outlined in Ch. 393 of the Florida Statutes includes the following:
Rights that can be removed in a Guardian Advocacy of the person
to determine residence
to consent to medical, dental, and surgical care and treatment
to make decisions about the social environment or other social aspects of the person
to act as representative payee of government benefits or to seek such benefits
Conceivably a parent or potential Guardian Advocate can conduct this particular legal process on their own. Forms, checklists, and additional guidance on this topic are coming soon. Alternatively, you can call our office to set up an apppointment to speak with an attorney. Please note, the attorney’s hourly rate will apply.