Guardian Advocacy

Guardian Advocacy

Home » Our Practice » Incapacity & Guardianship » Guardian Advocacy

A person who has a developmental disability (Autism, Spina bifida, CP, Prader Willi Syndrome or any childhood diagnosis accompanied by retardation), or any interested person concerned about their wellbeing, may request the appointment of a Guardian Advocate.  Guardian Advocacy is quite similar to Guardianship based on Incapacity, but has abbreviated procedures which avoid both the need for examinations by a court appointed examining Committee and a formal Determination of Incapacity.  Instead, the relevant rights of the person with a developmental disability are delegated based on a Statement from the person’s Primary Care Physician.  Guardian Advocacy affords more dignity to the person with the disability, is less expensive than other forms of Guardianship and is, by law, a less restrictive alternative than Guardianship based on Incapacity. (See F.S. §393.12)