FACTS AND INFO

Q & A:

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Q: What is a Guardian Advocacy?

A: It is a Guardianship. 

 

Don't let the terminology confuse you. In almost every regard, a Guardian Advocate has the same rights, duties, and obligations as a Guardian in a traditional guardianship, but was created for individuals like my daughter who are developmentally disabled. It was created for people with Down's Syndrome, Autism, etc.

Legal Definition: “Guardian advocate” means a person appointed without an adjudication of incapacity by a written order of the court to represent a person with developmental disabilities. Sections 393.12 and 744.3085, F.S.  The person with developmental disabilities must lack the capacity to do some, but not all, of the tasks necessary to care for his or her person, property, or estate.

If you are the Guardian Advocate of your (adult) child, you are your child's Guardian.

Once the order naming you as Guardian Advocate is granted, you are once again the parent of your disabled child who has become eighteen years of age or older. You can resume parenting as you always have.

Once you become Guardian Advocate, you can apply and speak (on behalf of your disabled child) with any State or Federal Government Agency, Doctors, Schools, whatever you need to continue parenting and protecting your child. Remember the terms: you are the Guardian Advocate. The Ward is your developmentally-disabled child who has become 18 or over.

 

Q. Why do I need a "Developmental Guardianship," (also known as a "Guardian Advocacy Order) ?

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A. Because when your disabled child becomes 18 years of age, under the eyes of the law he/she is considered a legal adult with all of the rights that come with it. 

 

If your child, who has Autism, Down's Syndrome, or some other developmental disability, decides he/she wants to leave, go anywhere they want, do anything they want, you can not stop them.

Consider also, if you are the parent or caregiver of a developmentally disabled adult:

 

*Doctors and other medical professionals wouldn’t talk to you anymore. (HIPPA)
* Social Security won't talk to you.
* You no longer have the right to make decisions for your adult disabled child.

 

Further, your developmentally disabled child can apply for credit, enter into a contract, and be held accountable
for any action he/she took.

He/she could walk out of your home and go and do anything he/she wanted. He/she could be taken advantage of or victimized and you might be powerless to stop it.

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Q: What are the main differences between Guardianship and Guardian Advocacy?

 

A. For a traditional guardianship the filing fees are between $200 - $300 for Incapacity case, $400+ for Guardianship Petition, for a total of about six hundred dollars. ($600) ALSO, for a traditional Guardianship, (not a guardian advocacy) Florida Probate Rule 5.030 requires that every guardian be represented by an attorney admitted to practice in Florida. For a traditional Guardianship, you have to allege that your developmentally disabled adult is “Incapacitated” (F.S. §744.3201) Another difference is that Traditional Guardianships (F.S.§744) have
Educational Requirements, require credit and Background checks and many complicated requirements, where in a Guardian Advocacy, you have a good chance of having those requirements waived.

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Q: I heard guardianships require financial accounting and paperwork. Do Guardian Advocates have todo that, too?

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A: In most cases, no.

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F.S. 393.12(10) states: “However, a guardian advocate may not be required to file an annual accounting under s. 744.3678 if the court determines that the person with a developmental disability receives income only from Social Security benefits and the guardian advocate is the person’s representative payee for the benefits.”

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Q: Are there any attorneys involved in the process?

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A: Yes. The Court will Appoint an attorney (at not cost) for your disabled adult loved one. The county pays for this attorney with state funds. The attorney’s obligation is an extra layer of protection for the rights of the developmentally disabled person. 

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Q: Is a Guardian Advocacy a TYPE of Guardianship? 

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A: Yes, but it is not found under the Guardianship statute. it’s not in 744, it’s in 393. F.S. §393 is titled: “Developmental Disabilities.” AND 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 decision-making ability to domsome, but not all, of the decision-making tasks necessary to care for his or her person or property…”

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Q: Once the judge signs the order am I considered a "Guardian?"

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A: Yes, but you are referred to as a "Guardian Advocate." A Guardian Advocate has (almost) the exact same rights, duties, and
responsibilities as a guardian in a traditional guardianship, but without the hardship of high 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.) 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 to was designed for parents LIKE US for when our Developmentally Disabled children turn 18 years of age.

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Q: I heard guardianships require financial accounting and paperwork. Do Guardian Advocates have to do that, too?

 

A: In most cases, no. F.S. 393.12(10) states: “However, a guardian advocate may not be required to file an annual accounting under s.
744.3678 if the court determines that the person with a developmental disability receives income only from Social Security benefits and the guardian advocate is the person’s representative payee for the benefits.”

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Q: Can I become a Guardian Advocate if I have been convicted of a Felony?

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A: F.S. §393.0655(5)(a) disqualifies anyone who has been convicted of a Felony from becoming a Guardian Advocate. 

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Q: Does my child have to attend Court?

 

A: It depends. If there are inherent difficulties with the Ward attending Court, the attorney appointed for your kid can waive his/her appearance. However, if the Ward is capable, he/she should attend court.

 

Q: Do I have to go to Court?

A: Yes. Don't let it scare you, it is usually pretty easy and is quick. Sometimes you can do them over teleconference.

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