Guardian Advocate

You indicated that the adult with developmental disabilities is unable to make some decisions for themselves, and is not able to understand or sign the estate planning documents.  Because of this we recommend that you consider the guardian advocate process.

​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, and allows more freedom and civil rights for the adult with developmental disabilities.  It is usually 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:
  • 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.  

Common guardian advocate terms

Who can be a guardian advocate
Click here to view common terms used by the court during the guardian advocate process.
​The state of Florida has set requirements for who is allowed to be a guardian advocate.  Please click here to review them.

Next: How the guardian advocate process differs from the other options