How the guardian advocate process differs from the other options
- You can complete and file paperwork for the guardian advocate process on your own if you are filing to become a guardian advocate "of the person" only.
- If there is property or significant financial accounts involved, then a lawyer will generally be needed for the process.
- The adult with developmental disabilities receiving regular payments from social security or other government aid agencies can still be considered "of the person" only. Payments in this area are an exception to the rule.
- Like the guardianship process, the guardian advocate process requires appointed guardian advocates to turn in a yearly guardianship plan document to the court. Depending on the rights that are removed, the guardian advocate must also ask the court for permission to do certain things, like relocate the adult. This ensures everything is going well for the adult with developmental disabilities and allows the court to monitor any changes to living situation, health care treatment, or the need for the continuation of the guardian advocacy.
- If the guardian advocacy becomes inappropriate, a petition can be submitted asking the court to consider whether the adult with disabilities still lacks decision making ability, and whether some or all of their rights can be restored.
