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