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Guardianship

You indicated that the adult with developmental disabilities is able to make some or no decisions for themselves.  Because of this we recommend that you discuss the guardianship process with a lawyer.

​In order to be appointed as a guardian through a guardianship, the adult with developmental disabilities will need to be determined to be "incapacitated" by the court.  This means that they are unable to make some or all important life decisions on their own and will lose civil rights.  For this reason the guardianship process should only be used as a last resort for the most severe cases.  ​

When can a guardianship petition be started?

An adult with developmental disabilities must be 17 and a half years old before a guardianship petition can be started.  This allows for some time to initiate and get through the process prior to them turning 18.

Common guardianship terms

Who can be a guardian

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

Next: How the guardianship process differs from the other options

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Disclaimer: Turning 18 is a joint collaboration between GAPS Legal PLLC and The Florida Bar Foundation. This website does not constitute legal advice and is provided as-is without any warranty or guarantee. Although a lawyer is not required to successfully file a guardian advocate case, you may want to seek legal guidance from a licensed lawyer.
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  • Get Started
  • Estate Planning
  • Guardian Advocate
  • Guardianship
  • Aging Out of Foster Care