A Guardian Advocate may be appointed when an individual with a developmental disability turns 18, as parental decision-making authority ends at adulthood. Under Florida Statute 393.13, a Guardian Advocate can be appointed for individuals with developmental disabilities such as cerebral palsy, autism, Down syndrome, or other specific conditions that manifest before age 18 and result in a lifelong disability.
This process allows families or caregivers to gain guardianship without declaring the individual totally legally incapacitated, following Florida Statute Section 393.12. The Guardian Advocate can make decisions on behalf of the individual (the “Ward”) but only in areas outlined by a Court Order. Not every individual with a developmental disability requires a guardian—only those unable to manage certain daily life decisions.
Unlike a full guardianship, the Guardian Advocate process does not require hiring an attorney unless the individual’s property is involved, in which case an attorney must be hired to handle property-related matters. For the Ward, the Court will appoint an attorney for the individual to ensure their best interests are protected.
To become a Guardian Advocate, applicant must be a Florida resident, at least 18 years old, and of sound mind. Non-residents may be eligible if they are related to the Ward. The Court will appoint the most suitable and qualified person, with preference given to those who are related to the Ward, have relevant experience, and can manage the individual’s needs. The individual’s wishes regarding their guardian will also be considered. Individuals convicted of felonies or those with a history of abuse or neglect are ineligible to serve as Guardian Advocates.
For more information about guardian advocacy, please visit www.collierclerk.com. On the home page, hover over the Court Divisions tab located at the top-center of the page and select “Guardianship” from the options provided. General information on guardianships will appear directly after clicking on the guardianship link on the home page.