Guardian Advocacy for People with a Developmental Disability

Guardian Advocacy for People with a Developmental Disability – What you Need to Know

Becoming a Guardian Advocate is a legal process that allows an individual to make decisions for someone with a developmental disability. It is a valuable tool for families, caregivers, and friends who want to ensure that their loved one with a developmental disability is protected and cared for. In this article, we will explain what Guardian Advocacy is, who it’s for, and how to file for Guardian Advocacy. Whether you’re a caregiver or a family member, understanding the process of becoming a Guardian Advocate is important for providing the necessary support and protection to someone with a developmental disability.

What is Guardian Advocacy?

Guardian Advocacy is a legal process that allows for the appointment of a Guardian Advocate to make decisions for individuals with developmental disabilities. The Guardian Advocate is appointed by the court and has the legal authority to make decisions related to healthcare, education, and personal affairs for the person with a developmental disability.

In order to qualify for Guardian Advocacy, the person must have been diagnosed with a developmental disability before the age of 18 that can reasonably be expected to continue indefinitely. Examples of developmental disabilities include autism, Down Syndrome, cerebral palsy, spina bifida, Prader-Willi syndrome, and intellectual disability.

Unlike traditional incapacity guardianship, Guardian Advocacy does not require a declaration of incompetence for the individual with a developmental disability. The appointment of a Guardian Advocate allows for the individual to maintain as much independence as possible while still having the necessary support and protection from a family member or other caregiver.

Guardian Advocacy is a valuable tool for families, caregivers, and friends of individuals with developmental disabilities. It provides them with the legal authority to make decisions that are in the best interest of the person with a developmental disability, while also ensuring that their loved one is protected and cared for.

Did you Know that Caregivers Automatically Lose Legal Authority for People with Disabilities Who Turn 18?

When a child turns 18, under the law he or she is an adult and is treated as such. This reality is no different for a person with a developmental disability, despite the fact that, in many cases, a parent or other caretaker may have spent years providing a significant amount of daily care for the young person. While, in some instances, medical providers and others may have grown accustomed to looking to the parent or a caretaker to make decisions and may continue doing so for some time, it will likely become necessary at some point for the parent to have the appropriate legal authority to continue making these decisions after a child with a developmental disability has turned 18. When this happens, the guardian advocacy process is what will be required.

Community Law Program recently assisted a parent of an autistic child who was 19 years of age. He had frequent tonsilitis and his tonsils needed to be removed. The parent did not have legal guardianship in place, so the surgeon declined to operate. We were able to help remedy that in a relatively short amount of time and the child was able to wait to receive the medical treatment.

If you are the caregiver of a child that is on the verge of turning 18, be aware that you’ll likely need to file with the court to be granted permission to continue to do so.

The Requirements to Become a Guardian Advocate

In Florida, to become a Guardian Advocate, you must be at least 18 years old and will only be responsible for the duties approved by the Judge and listed in the Court Order. Appointment preference will be given to people related by blood or marriage to the person with the developmental disability, individuals with relevant educational, business, or professional training, and those with the capacity to manage the financial resources involved. However, the Court will also consider the wishes of the person with a developmental disability in the appointment decision.

Disqualifiers to Become a Guardian Advocate

When applying to become a guardian advocate in Florida, it’s important to be aware of the disqualifiers that could prevent you from being appointed. These disqualifiers include individuals who have been convicted of a felony, those who have been found guilty of abuse, abandonment, or neglect against a child, those who have pled no contest or guilty to certain drugs or sex crimes, and those who are unable to perform their duties as a guardian due to illness, incapacity, or other reasons.

It’s essential to disclose any potential disqualifiers to the court to ensure a smooth and transparent process. By meeting the eligibility requirements and avoiding the disqualifiers, you can increase your chances of being appointed as a guardian advocate and helping someone with a developmental disability.

Do I Need an Attorney to File the Forms to Become a Guardian Advocate?

Becoming a Guardian Advocate for an individual with a developmental disability does not necessarily require hiring an attorney in Florida. The process can be done without one, unless the individual owns property. However, it is highly recommended that you consult with an attorney before initiating the process, as an attorney can provide valuable guidance on available alternatives, address any specific questions you may have, and help you review and complete the necessary forms. An experienced attorney can help ensure that the process goes smoothly and that the needs of the individual with a developmental disability are being properly addressed.

What Free Legal Help is Available?

If you reside in Pinellas, Pasco, Sarasota, Manatee, or Hillsborough Counties, please call the Legal Aid Line at 1-800-625-2257 to find out if you are eligible for services. If you are eligible, you will be given free legal advice over the telephone and will then be referred to the appropriate legal aid organization for further assistance.

You may download a copy of the Guardian Advocacy Project for Persons with Developmental Disabilities brochure, or visit: https://lawprogram.org/other-special-projects.