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Broward County Guardian Advocacy

Our Broward guardianship lawyers have handled many guardianships involving people with disabilities. Florida has a less restrictive alternative called a guardian advocacy. If you want to see if you qualify for a guardian advocacy in Broward, call us at (800) 337-7755 for a free consultation.

My Child on the Autism Spectrum is Turning 18 – Now What do I do?

Up until now you, as the parent, have had the legal right to act on behalf of your child. However, when they turn 18, they are considered to be adults and you may no longer have the right to act on their behalf.

What are My Options to set up a Guardianship in Broward?

Your child may just need some assistance with decision making as an adult. You may not necessarily feel they are incapacitated but could still need some protection and guidance.

This is where Guardian Advocacy comes in. It allows certain rights of the person with a developmental disability to be “delegated” to a qualified Guardian Advocate based on the diagnosis prior to the age of 18.

Broward County Guardian Advocacy Basics

Guardian Advocacy allows the court to appoint a Guardian Advocate to act on behalf of the person with a Developmental Disability. The person must have the ability to make some decisions in their daily lives. However, they may still need their parent to help them with financial, school, mental health and general health issues.

Types of Guardian Advocacy in Broward

You can apply to be Guardian Advocate of the Person, the Property or both. A Guardian Advocate of the Person can seek to make personal decisions, including determining residence, consenting to medical or mental health treatment, and making social decisions.

A Guardian Advocate of Property can ask the court to make property decisions, like contracting, suing and defending lawsuits, and managing property or making gifts. Generally, either person can request the right to seek government benefits.

What is the Process if I Decide to File to Be Guardian Advocate of My Child?

You will file a Petition to Appoint Guardian Advocate with your local clerk of courts. In addition, the court requires documentation of the disability which was diagnosed before age 18.

Next, your child will be appointed an attorney to represent their interests during the proceedings. This attorney will represent your child to ensure their right to due process is protected. This attorney is typically paid by the State.

After meeting with the child, parent, and/or others, the court appointed attorney will file a report with the court and a hearing will be held to determine if a Guardian Advocate should be appointed.

If you choose to hire an attorney to represent you in the Guardian Advocate process, your attorney can work with you step by step to guide you through this process.

Requirements to be Appointed Guardian Advocate

Parents are given first consideration to be appointed Guardian Advocate. However, there are certain requirements which must be met to be considered. For example, if a person has a prior felony conviction, they are not able to be appointed Guardian Advocate. A Broward guardianship attorney at the Law Offices of Jason Turchin can assist you with the process.

Do I Need an Attorney for This Process?

Per Florida Statutes, a Guardian Advocate is not required to have an attorney. However, Guardian Advocacy is a court process which can be confusing if you are not familiar with the laws and requirements. You can call our office for a free consultation so we can give you information based on our own personal experience to navigate the guardian advocacy process.

Why You Should Hire an Attorney to Assist You in This Process

Being the caretaker of a special needs person is hard. Adding the legal components to the emotional and financial part of the process can be overwhelming. Talk to an attorney who has experience as a parent, caregiver, advocate and attorney. We can help you through this process and provide you with the insight needed to make this a smooth process as your child enters into the adult world

Free Consultation on Your Broward County Guardian Advocacy Question

If you want to set up a guardian advocacy in Broward County, Florida, call us at (800) 337-7755 for a free consultation. Our Broward guardianship lawyer can help you become a guardian advocate for your child if you qualify.

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