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Guardian Advocacy



A Guardian Advocacy is an informal guardianship process specifically designed for adult individuals who are developmentally disabled by mental retardation, Cerebral Palsy, Prader-Willi Syndrome, Spectrum Disorder, or Spina Bifida, and who lack the capacity to do some, but not all, of the tasks necessary to care for his or her person, property or estate.

This process is less rigorous and costly. The process does not require a determination of incapacity or the appointment of an examining committee. Usually, a parent files a petition for appointment as Guardian Advocate after a disabled child reaches the age of 18 since the parent no longer has the ability to make decisions for the child once the child has reached the age of majority.

The Guardian Advocacy process does not require the presentation of evidence at an incapacity hearing. The Guardian Advocate is required to file all of the usual paperwork under a traditional guardianship, including Annual Plans and Accountings, and is also required to attend the guardian education course.

““The resident, wherever they are located is their home. They really should feel like they are at home and that they have the same rights as they would if they were not living in a community.”

How Do You Get an Advocate for the Elderly? | Resident Advocacy | Miller Elder Law

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