Guardian Qualifications

The state of Florida has requirements regarding who can be a guardian advocate or guardian.  These requirements are detailed below.

A guardian advocate or guardian must meet the following requirements:

• Must be 18 years old
• Must be of sound mind (having the capacity to think, reason, and understand things) 
• Must be a resident of Florida; or can live outside of Florida if they are related to the adult with developmental disabilities

People that meet any of the following criteria may not serve as a guardian advocate or guardian:

• Has been convicted of a felony
• Has been determined by a court to have committed abuse, abandonment, or neglect against a child

 

• Has a current business or creditor relationship to the adult with developmental disabilities
  • In some cases the court can determine the conflict of interest is not significant and overrule this requirement
  • A spouse, adult child, parent, or sibling are exceptions to this restriction

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• Are currently a provider of health care services to the adult with developmental disabilities (whether directly involved or indirectly involved in another area of the business)
  • In some cases the court can determine the conflict of interest is not significant and overrule this restriction​​

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