Guardian Advocacy Attorney in Melbourne, FL

What is the Guardian Advocacy Process in Florida?

Guardian advocacy is a legal process designed to support individuals with developmental disabilities to help manage their personal and financial matters. A guardian advocacy attorney in Melbourne, Florida, can guide families seeking to establish this critical legal relationship. 

A Florida guardian advocacy process attorney works to ensure all required steps are completed in compliance with state law, protecting the rights of both the individual and the guardian. Is a guardian advocacy the right step? Read on below to learn more about the guardian advocacy process in Florida.

Quick Summary:

• Guardian advocacy allows family members or trusted people to help manage critical areas of a loved one’s life, like healthcare, education, or finances, without taking away all their rights. It’s meant for people with developmental disabilities and is a less strict option than full guardianship.
• Guardian advocacy is for people with developmental disabilities. It has fewer court requirements than guardianship, which is for people who can no longer manage their lives due to aging, illness, or injury. Guardianship also needs more legal supervision, including regular court updates.
• A guardian advocate helps with decisions about healthcare, money, education, and living arrangements while respecting the person’s rights. They are appointed by the court to help without taking away all the person’s rights.
• The process includes checking if someone is eligible, filing a petition, providing necessary documents, attending a court hearing, and being officially appointed by the court. A Florida guardian advocacy lawyer ensures all the legal steps are followed and guides families through the process.
• A Florida guardian advocacy lawyer helps families with the legal steps, from filing paperwork to attending court hearings. They ensure everything follows Florida law and explain what the guardian advocate is responsible for.

What is Guardian Advocacy?

Ever wonder how families support a disabled loved one? How does the loved one go about their duties? The answer is guardian advocacy. Guardian advocacy allows a trusted individual to manage a disabled person’s matters, which can be financial, personal, or medical. Guardian advocacies exist because disabled individuals may not be able to handle these responsibilities alone.

Guardian advocacy is designed specifically for adults with developmental disabilities. It ensures they have the help they need while still respecting their independence. This process provides families with peace of mind, knowing their loved one has the right support.

What is the Difference between Guardian Advocacy and Guardianship?

Guardian advocacy and guardianship can legally help loved ones make certain decisions, but they serve different needs. Here are their main differences: 

Guardianship

• This applies to individuals who can no longer make decisions due to aging, illness, or injury. It requires a formal court process to determine incapacity through an evaluation by a committee.
• Guardianship includes ongoing court oversight, such as mandatory annual reports. It can cover personal decision-making, financial matters, or both.

Guardian Advocacy

• This is specifically for individuals with developmental disabilities, such as autism or intellectual disabilities, from birth. It does not need the court to declare the person incapacitated, simplifying the process.
• Guardian advocacy typically involves fewer legal and reporting requirements than guardianship. It focuses on helping with decisions in specific areas like healthcare, education, or finances while preserving other rights.

What is Florida’s Law For Guardian Advocacy?

Chapter 393 of the Florida Statutes states that it is a legal process to assist disabled individuals, especially those with developmental disabilities. This helps them in managing life matters without declaring incapacity. Chapter 393 helps them keep their rights and get support.

• Eligibility: Guardian advocacy applies to individuals with developmental disabilities. This can vary from intellectual disabilities to spina bifida. These conditions must have occurred before age 18 and significantly impair daily functioning.
• Court Process: Guardian advocacy doesn’t need a formal finding of incapacity. Guardian advocates are appointed after petition filing. They assist with healthcare, education, and financial decisions.
• Preservation of Rights: Individuals under guardian advocacy keep certain rights. These rights include voting, marriage, or managing some personal choices. The goal of guardian advocacy is to balance freedom and support.
• Guardian Advocate’s Role: A guardian advocate assists the individual in the areas specified by the court order. They must act in the individual’s best interest while promoting their autonomy.

What is the Role of a Guardian Advocate?

Guardian advocates help with decision-making while allowing the person to keep their independence. Appointed by the court, they assist in areas like health and education but still respect the person’s rights.

• Healthcare Decisions: A guardian advocate assists with healthcare decisions. These come in the form of medical appointments, treatments, and decisions about care. They ensure that healthcare needs are met while considering the individual’s preferences.
• Financial Management: An advocate helps with budgeting, bills, and managing benefits like Social Security. This support protects the individual from financial mismanagement or exploitation.
• Educational or Vocational Support: A guardian advocate can assist in making decisions about school programs, job training, or employment opportunities. They work to ensure the individual has access to resources that promote their personal growth and independence.
• Living Arrangements: They may help determine the best living environment, such as supported housing or staying with family. The goal is to provide a safe and supportive setting tailored to the individual’s needs.
• Legal Representation: A guardian advocate can act on behalf of the individual in legal matters related to their specified responsibilities. This includes signing contracts or addressing legal issues that affect their well-being.

What is the Florida Guardian Advocacy Process?

The Florida guardian advocacy process is a lot less restrictive than guardianship. The main feature and difference is not requiring incapacity findings. Guardian advocacy processes balance out individual rights and living assistance. Below is an overview of the Florida guardian advocacy process:

• Determine Eligibility: Verify that the individual has a developmental disability as Chapter 393 of the Florida Statutes defines. The condition must have occurred before age 18 and significantly affected daily functioning.
• File a Petition: Submit a petition to the court outlining the need for guardian advocacy and the specific areas of support required. This document typically includes details about the individual and the proposed guardian advocate.
• Provide Supporting Documentation: Include medical records or evaluations that confirm the individual’s developmental disability. These documents help the court understand the nature of the support needed.
• Attend a Court Hearing: A judge reviews the petition and supporting evidence in a formal hearing. The court determines if guardian advocacy is appropriate and defines the guardian advocate’s responsibilities.
• Appointment of Guardian Advocate: Once approved, the guardian advocate is appointed, and a court order specifies the scope of their authority. They are then responsible for assisting in the areas identified by the court.

Why Do I Need a Guardian Advocacy Attorney in Melbourne, Florida?

Seeing a loved one struggle with a disability is heartbreaking for any family member. A family member would love to see their disabled relatives thrive in life long after they are gone. A Florida guardian advocacy lawyer helps clients understand the process.

Attorneys help families understand the necessary steps following Florida’s laws. Their help ensures families avoid costly mistakes while retaining and protecting their loved one’s rights. Here are other ways a guardian advocacy attorney in Melbourne, Florida, can help:

• Petition Filing: The attorney will prepare and file the necessary legal documents to start the guardian advocacy process, ensuring all required information is included.
• Guiding Through the Legal Process: The attorney explains the process step-by-step, helping families understand the procedures and court requirements for appointing a guardian advocate.
• Providing Legal Advice: The attorney offers advice on protecting the individual’s rights while meeting their specific needs, ensuring that the guardian advocate’s role is clearly defined.
• Gathering and Organizing Documentation: They assist in collecting essential documentation, such as medical records, psychological evaluations, and other supporting evidence to present to the court.
• Representing You in Court: The attorney will attend court hearings, represent the family’s interests, and ensure that the petition meets the legal standards required for approval.
• Ensuring Compliance with Florida Law: A guardian advocacy attorney ensures that all actions taken align with Florida’s Chapter 393 requirements, protecting the individual’s rights and the guardian advocate’s responsibilities.
• Ongoing Support and Guidance: The attorney can offer continued advice and support after the appointment, helping guardians follow court orders and make informed decisions on behalf of the individual.

Call our Guardian Advocacy Attorney in Melbourne, Florida, Now!

Guardian advocacy in Florida helps families provide legal support to individuals with developmental disabilities. It allows a guardian advocate to assist with decisions related to healthcare, finances, and more. This process lets the individual maintain as much independence as possible.

The Law Firm of Cheryl A. Ward, P.L. handles clients needing legal representation for guardians in Melbourne, Florida. Our attorney explains the advocacy process and ensures their loved one’s rights and futures are secured and protected. Our lawyers also help clients in other practice areas, such as probate, litigation, estate planning, and criminal defense.

Everyone deserves security in the future, especially those who need it the most. Talk to our guardian advocate attorney in Melbourne, Florida, today for a consultation.