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What Is a Guardianship Advocacy?

The Miller Elder Law Firm explain that those with developmental disabilities can be appointed a guardian advocate to manage their affairs. For assistance setting up a Guardian Advocacy, contact The Miller Elder Law Firm today.

 


“In Florida, there are also what’s known as a guardian advocacy. That’s a special kind of guardianship which the legislature has said you can do if your individual has one of five developmental disabilities: spina bifida, cerebral palsy, Prader-Willi syndrome, autism, and mental retardation. If you have one of those five developmental disabilities, you’re going to qualify for a guardian advocacy. What will happen is there will still be a court hearing. You will go in and prove to the judge that your loved one has that one of those diagnoses of one of those five developmental disabilities and that because of that diagnosis they are impaired and cannot make decisions in certain areas.

Those areas could include personal decisions such as residence, social, travel, education, employment, medical. It can also include financial decisions: the right to contract, the right to manage money, to buy property, all of those kind of things. You have to offer testimony to the court showing that the individual, because of that developmental disability, cannot manage his affairs in those areas. If the court finds by clear and convincing evidence that they cannot, they will appoint a guardian advocate to manage the affairs of the person with the developmental disability.”