Are you seeking legal guidance to help a loved one with a developmental disability? At Daniel M. Genet, P.A., we provide experienced representation for families navigating Guardian Advocate cases in Florida. Our mission is to ensure your loved one is protected while preserving as much independence as possible.
What Is a Guardian Advocate in Florida?
A Guardian Advocate is someone appointed by the court to make certain decisions for an adult with a developmental disability, without requiring a formal incapacity proceeding.
Under Florida Statutes § 393.12, Guardian Advocacy allows a parent, family member, or caregiver to legally assist with critical life decisions—such as medical care, education, and living arrangements—once the individual turns 18.
✅ No formal adjudication of incapacity is required.
✅ This process is faster and less invasive than full guardianship under Chapter 744.
Who Qualifies for a Guardian Advocate in Florida?
To be eligible for a Guardian Advocate under Florida law, the person must have a developmental disability as defined in § 393.063(12), Florida Statutes. This includes:
- Intellectual Disability (IQ below 70 with functional limitations)
- Autism Spectrum Disorder
- Cerebral Palsy
- Spina Bifida
- Prader-Willi Syndrome
- Down Syndrome
- Phelan-McDermid Syndrome
📌 The condition must have occurred before age 18 and be expected to continue indefinitely.
What Decisions Can a Guardian Advocate Make?
Florida courts will only grant a Guardian Advocate powers that are necessary. You may be given authority to assist with:
- Health care and medical decisions
- Educational planning (IEPs, school placement)
- Residential or housing placement
- Financial decisions (if specifically requested and approved)
Courts are required to preserve the rights of the individual as much as possible, tailoring each Guardian Advocate order to the person’s actual needs.
Who Can Be Appointed as a Guardian Advocate?
Many parents or close relatives serve as Guardian Advocates. However, Florida law sets clear disqualifications in § 744.309(3). You may be disqualified if you:
- Have a felony conviction (unless rights are restored and the court finds you fit)
- Have a history of child or vulnerable adult abuse, neglect, or exploitation
- Have a serious mental illness or substance abuse issue
- Are involved in financial conflicts of interest with the ward
🔍 The court will evaluate your fitness to serve in the best interest of the individual.
Florida Guardian Advocate Annual Reporting Requirements
Even though Guardian Advocacy is less complex than full guardianship, you are still required to file regular reports, including:
📋 Annual Plan
This report describes the ward’s medical condition, living situation, services, and future needs.
💰 Annual Accounting (only if managing property)
If the court gives you financial powers, you must file a full accounting of all income, expenses, and assets.
These reports are required under § 744.3678, Florida Statutes, and must be submitted to the court each year. Non-compliance may lead to penalties or removal.
Why Choose Daniel M. Genet, P.A. for Your Florida Guardian Advocate Case?
Our legal team has helped families throughout Florida secure Guardian Advocate appointments with compassion and efficiency. We understand the legal, emotional, and practical challenges involved and will guide you every step of the way.
⚖️ What We Offer:
- Guidance through the entire Guardian Advocate process
- Customized petitions based on your loved one’s needs
- Ongoing support for annual filings and court compliance
- Decades of experience in Florida guardianship law
Speak with a Florida Guardian Advocate Attorney Today
If your loved one needs support and protection through the Guardian Advocate process, we’re here to help.
📞 Call (813) 872-8787
📅 Schedule a free consultation
📍 Serving clients statewide across Florida