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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