Guardian Advocacy

A guardian advocate in the State of Florida is a court appointed individual that assists persons with developmental disabilities or mental illness. Unlike a guardianship proceeding, the person with a developmental disability or mental illness is not declared incapacitated by the court. The purpose of a guardian advocate is to assist those that have the capacity to make some, but not all, decisions regarding their person or property. A person with a disability can voluntarily petition the court for a guardian advocate or a loved one like a parent can petition on their behalf. At a court proceeding for a guardian advocate, a judge will review the records and decide what rights the guardian advocate may exercise on behalf of the person. There are specific diagnoses that meet the criteria for an appointment of a guardian advocate. Whether a guardian advocacy proceeding is appropriate can be determined by reviewing the legal standards with an Attorney. Typically a guardian advocacy is appropriate for a person who has an intellectual disability diagnosed prior to the age of 18.

During a guardian advocacy proceeding, the court will appoint an attorney to represent the person with the disability if they are unable to secure an attorney on their own, to ensure that their rights are protected. A guardian advocate is usually a qualified family member, caregiver or friend of an individual that has the experience and capacity to meet the needs of the individual. A guardian advocate has the responsibility to file annual plans and reports with the court in those areas that the judge deems appropriate. This can include provisions for medical, mental health, dental and personal care of the person, residential decisions and/or financial decisions. Guardian advocates are mandated to attend instructions and education regarding their role, by a court approved organization.