STEP-BY-STEP: HOW TO GET YOUR GUARDIAN ADVOCACY GUARDIANHIP IN FLORIDA COURTS

STEP-BY-STEP INSTRUCTIONS FOR YOU TO FILE YOUR OWN GUARDIAN ADVOCACY PAPERS

If you prefer printing the instructions to read them, (I do too) click here to download and print the instructions I have prepared for you.

Click Here to Print Instructions

Introduction

Dear Parent, Family, friends, Caregivers of a Developmentally Disabled adult,

Please use this form to complete your Guardian Advocacy paperwork. The basis of the application we are using is a mixture of the forms available on the Supreme Court of Florida's website, (It doesn't have everything we need, but the rest can be found on the other sites) (https://www.flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Guardianship), AND forms found on the 13th Judicial Circuit's website, (https://www.fljud13.org/Forms.aspx), and the 8th Circuit, (https://circuit8.org/self-help/forms-and-checklists/) AND lastly, there were a few I created myself.

These are the forms that have been created by the courts, (and me) and I have scripted the fields to make them easier for you to fill out. (For example, you don't have to type your name and address a bunch of times. The fields are auto-populating.)

I PROMISE YOU THAT YOU CAN DO THIS. Everything you need is here and I'll be with you every step of the way. Please read all instructions while filling out this “Form App,” and rest assured, everything you need is here.

--- Jeff

Don't forget to use the AI Bot I created for Guardian Advocacy.

https://www.developmentalguardianship.com/copy-of-faq

GUARDIAN ADVOCACY A.I. CHATBOT

Instructions

What is a Guardian Advocacy?

Don't let the terminology confuse you. In almost every regard, a Guardian Advocate has the same rights, duties, and obligations as a Guardian, but was created for individuals who are developmentally disabled.

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. See 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.

Guardian Advocate = Guardian

Guardian advocacy is a type of Guardianship. 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.

What County and What Circuit do you Live in?

I am sure you know what county you live in, but you will also need to know what circuit you live in.

There may also be instructions and some specialized procedures in your jurisdiction you might need to know about. Take a look!

SUPREME COURT OF FLORIDA LINK (CLICK HERE)

THE PROCESS FROM BEGINNING TO END

STEP ONE

CLICK HERE FOR (JEFF'S) CHECKLIST

Step One: You have to complete the packet, but first you should decide if you are going to file for just one person to be Guardian Advocate OR will there be Co-Guardian Advocates? Examples of Co-Guardian Advocates are: a married couple caring for their child who has recently become an adult, a step-parent and a biological parent as Co-Guardians, or grandparents, etc. It is not as bad as it looks. (Trust me, it has auto-populating fields!)

CLICK HERE FOR THE PACKET

If you are filing a CO-GUARDIAN ADVOCACY use the packet to the right IN ADDITION to the previous packet. (You need BOTH) if you are filing for Co-Guardianship.

CLICK HERE FOR CO-GUARDIANS

IMPORTANT NOTES:

* Some forms need to be notarized

* Before giving them to the clerk, be sure to make a copy for yourself

ALSO NOTE: For the form titled "NOTICE OF FILING SOCIAL/MEDICAL HISTORY DOCUMENTS" you will need to collect IEP's, Psychological Evaluations, some recent and older documentation that demonstrates the Developmental Disability. A psychological evaluation which has a diagnosis of ASD (Autism Spectrum Disorder) is fine, IEP's help too.

After you collect the evidence of the Developmental Disability you attach it to the form titled "NOTICE OF FILING SOCIAL/MEDICAL HISTORY DOCUMENTS."

STEP TWO

Step Two: The Court will appoint a lawyer to represent your Developmentally Disabled loved one. (It's part of due process, don't worry, they are usually very helpful). Sometimes the Court asks YOU to prepare the Order and provide it to the Court. If this happens, don't worry, click on the button that is marked "Order Appointing Attorney for Ward," and one will be downloaded for you to fill out and give to the judge.

ALSO: There is a button for you to download a "Clerk's Indigent Form."

If there are fees, attorney, or other kinds of fees, you will fill this form

out and if you meet indigency guidelines, those fees will be waived.

In most cases, you do NOT have to pay for a lawyer to represent your developmentally disabled child. An attorney who is under contract with the State and paid by the State will represent your developmentally disabled child.

THE JUDGE MAY REQUIRE YOU TO PROVIDE AN ORDER FOR THE APPOINTMENT OF

THAT ATTORNEY. IF SO, CLICK HERE TO GET ONE FOR YOU TO USE.

CLICK HERE FOR INDIGENT FORM

ORDER ATTY IN WORD FORMAT

ORDER ATTY IN PDF FORMAT

STEP THREE

Step Three: The Appointed Attorney Has a Conversation with the Ward. The attorney appointed to represent your Developmentally Disabled loved one is required to have a conversation, preferably a face-to-face meeting, even if it is through Facetime, Google Duo, or Zoom. It might be up to you to track that lawyer down and facilitate such a meeting. You cannot complete your case without such a meeting.

It may seem ridiculous, especially if your disabled (adult) child is nonverbal, but the appointed Attorney is required by law to give notice. The appointed attorney:

A. Must give notice which states that a hearing will be held to inquire into the capacity of the person with a developmental disability to exercise the rights enumerated in the petition. In most cases the ward does not understand, but the lawyer is provided to tell them anyway as best as he/she can.

B. There is a standard notice which the ward's court appointed attorney will provide. Whether or not your kid understands it, the lawyer has to do it. Also, the notice goes to all interested parties; too, not just your kid.

NOTE: This is NOT an adversarial process. People think lawyers are always in Court fighting with one another but for Guardian Advocacy, that is not the case. The Attorney for your child (the Ward) will (in almost every case) tell the Judge that you being appointed to continue caring for your developmentally disabled child who has turned 18 years old is in his/her best interest. Everyone wants the same thing.

STEP FOUR

Step Four: Hearing before the Judge: what is the method for scheduling the hearing?

I hate to tell you that every county is different, but it is, and sometimes every judge is different. This is where you might have to get creative and contact Court Administration to ask for assistance in getting your hearing. In many counties, they will schedule the hearing for you. BUT STAY ON TOP OF IT. You do NOT want to miss your Court date and sometimes the Clerk falls behind and the mail isn't sent out as it should. YOU MUST BE DILIGENT.

Some Judges require YOU to prepare the notice for the hearing. If this is the case, then don;t worry, you can get the form by clicking the button that's marked "Notice of GA Hearing."

NOTICE OF GA HEARING WORD

NOTICE OF GA HEARING PDF

STEP FIVE

Step Five: The Hearing: This is probably the easiest part. The Judge will ask you questions, and you simply do as you have always done: advocate for your loved one.

MOTION TO WAIVE SOME REQUIREMENTS: Since, in most cases, the ward is destitute, we will ask the Court to waive financial reporting, waive the credit check, the educational requirements (since they are mostly about financial reporting) and waive the criminal background check. We are really just asking the court to allow you to remain as you always have, parenting and taking care of your child, or loved one.

Motion to waive Annual Accounting: (To clarify, we are doing Guardian Advocacy of the Person, NOT person and property. Most developmentally disabled kids have only nominal property.)

INCLUDED IN THE PACKET, is a MOTION TO WAIVE: Guardian Education Requirement (See Section 744.3145, F.S.), Financial Accounting, Educational Requirement, Criminal Background Check.

NOTE: Waiver of Annual ACCOUNTING Report: SEE F.S. 393.12(12) Which 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."

You will need to remember to ask for this at the hearing. (And yes, you might need to provide an order to the judge. Click on the button marked "Order to Waive." (What I really mean is "Order to Waive Unnecessary Requirements."

GA ORDER WAIVING WORD

GA ORDER WAIVING PDF

YOU MAY ALSO NEED TO PROVIDE THE COURT ORDER AND LETTERS OF GUARDIANSHIP AT THE HEARING. IN MOST CASES THE COURT WILL PROVIDE THESE FOR YOU, BUT HERE IS A FORM FOR YOU TO WORK OFF OF.

LETTERS OF GUARDIANSHIP

ORDER GRANTING GA