BASIC INFORMATION:
WHAT, WHY AND HOW?

When developmentally disabled people turn 18 years of age, legally, they are considered to be adults. Medical, legal, educational, and other professionals are unable to communicate with you as caregiver because of HIPAA and other legal rights which accompany adulthood.

 

When they become adults, developmentally disabled people can apply for credit, enter into contracts, and can be held accountable for their actions, even though they may not understand the ramifications of those actions.

 

Without certain legal protections, our developmentally disabled loved ones could be taken advantage of or victimized.

 

Florida's lawmakers have crafted a specialized guardianship to protect our loved ones who have developmental disabilities.

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A "regular" or a "traditional" guardianship would achieve the same results, but it is NOT practical. A traditional guardianship requires payment of expensive filing fees, have cumbersome restrictions, and Florida Probate Rule 5.030 requires that every guardian be represented by an attorney.

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There is something better than a traditional guardianship. We can file a special guardianship that is tailor-made for  persons with Developmental Disabilities. It's called "Guardian Advocacy," and some people call it "Developmental Guardianship." It's in Florida Statute §393.

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F.S. §393 is titled: “Developmental Disabilities.” It states:  “(2) APPOINTMENT OF A GUARDIAN ADVOCATE.—

(a) A circuit court may appoint a guardian advocate, without an adjudication of incapacity, for a person with developmental disabilities, if the person lacks the decisionmaking ability to do some, but not all, of the decisionmaking tasks necessary to care for his or her person or property…”

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F.S. §393.12(2)(b) says: “A person who is being considered for appointment or is appointed as a Guardian Advocate is not required to be represented by an attorney…” A Guardian Advocate has (almost) the exact same rights, duties, and responsibilities as a guardian in a traditional guardianship, but without the hardship of costs and fees. F.S. §393.12(10) states a Guardian Advocate has the “same powers, duties, and responsibilities required of a guardian under chapter 744.” (But only as to what the developmentally disabled person needs.)

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IN THE MOST BASIC OF TERMS:  A Guardianship is a Court Order that delegates (gives) to the “Guardian,” rights, duties and responsibilities that would normally belong to a “ward.” A basic example is control over money, a place to

live, and care of the ward. (I.e. the “Guardian,” is like the parent of the “ward.”) A “Guardian Advocate” is THE SAME thing as a “Guardian,” except it was designed for parents or caregivers LIKE US for when our Developmentally Disabled children turn 18 years of age.

 

GUARDIAN ADVOCACY-TYPE GUARDIANSHIPS  ARE DESIGNED TO PROTECT DEVELOPMENTALLY DISABLED PEOPLE.

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For more information please see F.S. §393. Or click here for a copy of the statute.