The guardian advocate process has been specifically created by the state of Florida to meet the specific needs of adults with developmental disabilities (defined in the statute as being diagnosed with an intellectual disability, cerebral palsy, autism, spina bifida, Prader-Willi, Down or Phelan-McDermid syndromes).
It is a streamlined version of the guardianship process that is easier to complete. It requires that the adult with developmental disabilities retain at least one right. It may be a better fit than the guardianship process unless the situation is severe.
It is a streamlined version of the guardianship process that is easier to complete. It requires that the adult with developmental disabilities retain at least one right. It may be a better fit than the guardianship process unless the situation is severe.
When can a guardian advocate petition be started?
A guardian advocate petition can be filed based on the following time frames:
Even though the petition documents can not be filed until the ages above, we recommend having the documents prepared prior to this. This allows the court process to be started without delay when the legal age is reached.
- Anytime after a person with a developmental disability turns 18
- If the child with a developmental disability is involved in a child welfare case (with DCF) under Chapter 39, the petition can be filed when the child is 17 and half years old.
Even though the petition documents can not be filed until the ages above, we recommend having the documents prepared prior to this. This allows the court process to be started without delay when the legal age is reached.
