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How Guardian Advocacy

Supports Adults with

March Is Florida Bike Month— Disabilities in Florida

and Naples Is Riding into the Future by Lisa M. Goddy, Esq., amilies who care for a child with a from caregivers help the court develop a clearer understanding of the
Trusts & Estates Attorney at Henderson, Franklin, Starnes & Holt, P.A..

developmental disability often ask
th
F the same question as the 18 birthday individual’s abilities and the level of assistance that may be appropriate.
A hearing follows, allowing the judge to review information, speak
approaches: “How can I stay involved in their with the family, and determine which rights—if any—should be delegated.
medical care, education, and daily decision- These may include:
making once they become an adult?” • medical and mental health decisions
Florida’s guardian advocacy process was • educational decisions
created to answer that question. It offers a • access to confidential records
way for parents and caregivers to continue • residential or support-service decisions
supporting a child as they reach adulthood, • management of government benefits
while still needing help navigating important life decisions. Once the court enters its order, the guardian advocate receives
As an elder law attorney, I see many families wrestling with authority only in the specific areas the judge has approved. The individual
this transition. Their love is steady, but the legal landscape can feel keeps all remaining rights.
unfamiliar and intimidating. A clear explanation—and a few real Guardian advocates also have ongoing duties, including staying
stories—often helps bring the process into focus. in regular contact with the person they support and submitting any
Understanding Guardian Advocacy in Florida reports the court requires. These safeguards help the court monitor the
Guardian advocacy allows a court to appoint a trusted person, arrangement and ensure the individual’s well-being.
usually a parent or close relative, to assist an adult with a qualifying When Guardian Advocacy Is the Right Fit for a Family
developmental disability. Unlike traditional guardianship, which Guardian advocacy can be a compassionate and practical solution
requires a formal incapacity determination, guardian advocacy when an adult child has lifelong developmental disabilities and needs
recognizes that some individuals need help only in certain areas while ongoing support with significant decisions. That said, it is not always the
remaining independent in others. appropriate approach.
To qualify, the disability must have originated before age 18. If the individual is able to understand and willingly sign documents
Conditions listed in Florida law include intellectual disability, autism, such as a durable power of attorney or a health care surrogate designation,
cerebral palsy, spina bifida, Down syndrome, Phelan-McDermid those options may address their needs. When a disability arises later in life
syndrome, Prader-Willi syndrome, and other similar developmental or does not fall within the statutory definitions, traditional guardianship or
conditions. a different planning approach may be more appropriate.
The court considers the person’s abilities, the parent’s concerns, The most effective solution depends on the individual’s abilities, level
and the specific types of decisions for which support is needed. Many of understanding, and the support they need. Meeting with an attorney
adults continue to make their own decisions in areas where they’re who works regularly in elder law and guardianship can help families sort
comfortable and capable. The guardian advocate becomes involved only through their options and determine the approach that best serves their
when guidance is truly needed. The court’s aim is to provide the right situation.
amount of support while allowing the individual to maintain as much Common Questions About Guardian Advocacy
independence as possible. Will my adult child lose all their rights?
A Family Story Showing How Guardian Advocacy Provides Support No. The court removes or delegates only the rights that the individual
Consider a young man we’ll call Daniel. Diagnosed with autism cannot safely exercise. All other rights remain intact.
and an intellectual disability, Daniel communicates comfortably with Can guardian advocacy be changed later?
people he knows, but medical appointments overwhelm him. When Yes. If the person’s abilities improve or needs change, the court can
doctors present treatment options or request consent, he often cannot modify or end the arrangement.
process the information well enough to give informed approval. What if my child doesn’t have a formal diagnosis yet?
For years, Daniel’s mother guided these decisions. When he turned Guardian advocacy is limited to certain developmental disabilities
18, however, his medical providers could no longer rely on her direction outlined in Florida law. When there is uncertainty about eligibility,
without proper legal authority. an attorney can help determine whether guardian advocacy or another
Through guardian advocacy, the court allowed Daniel’s mother to planning approach is the better option.
continue helping with medical and educational decisions. Daniel still Bottom Line
chooses what he wants for dinner, where he spends his time, and the Guardian advocacy can be an effective way to support a loved one while
hobbies he enjoys. The process simply gave his mother the legal tools to respecting their independence. It provides parents and caregivers with a
step in when decisions became complex or when his safety required it. clear legal structure as their child moves into adulthood and helps ensure
Families often feel reassured when they learn that guardian that the level of support reflects the individual’s abilities and needs.
advocacy does not remove all of a person’s rights. It recognizes the If your family is approaching this transition or would like guidance on
individual’s abilities while creating a legal structure for support where whether guardian advocacy is the right option, Henderson Franklin’s Elder
it is genuinely needed. Law team is here to help you explore your choices. Lisa may be reached at
How the Guardian Advocacy Process Works lisa.goddy@henlaw.com to schedule a consultation.
The process begins with a petition filed in the local circuit court. About the Author
This document explains the individual’s disability, identifies the areas Lisa M. Goddy, Esq., who has been recognized by Best Lawyers in America®
where support is needed, and names the person who wishes to serve as for Elder Law, advises individuals, families, and business owners on estate
guardian advocate. Medical records, school evaluations, and insights planning, elder law, probate, guardianship, and business succession. She may be
reached at lisa.goddy@henlaw.com or by phone at 239-344-1162

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