Guardian Advocate and Guardianship Services for Your Loved One in Florida
What Changes at Age 18
In Florida, 18 is the legal age of majority. At that point, your right as a parent to make medical, educational, living, and financial decisions for your child ends, whether or not your child has a disability.
To keep making the important decisions your adult child needs help with, you generally must ask the court to appoint you as their guardian advocate.
What Is a Guardian Advocate in Florida?
A guardian advocate is a simplified type of guardianship available in Florida for adults with developmental disabilities, such as autism, cerebral palsy, Down syndrome, Prader-Willi syndrome, and spina bifida. It can be a simpler and less costly process than a full incapacity guardianship. Our attorneys can help you decide which path fits your family.
How Becoming a Guardian Advocate Works
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File a petition
We file a petition with the court explaining why a guardian advocate is needed.
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Gather records
Medical reports and support plans, such as ISP or IEP reports, show the nature of your child's disability.
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Get consent
When possible, both parents should consent to the petition, even if divorced. This can help avoid delays.
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Meet with the court's attorney
The court appoints an attorney to meet with your child, represent their interests, and make a recommendation.
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Court decision
The court decides whether to appoint a guardian advocate.
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File reports
After appointment, you'll file an initial report and then annual reports. These describe your child's care plan and account for their property, Social Security benefits, and other income.
Pairing Guardianship With a Special Needs Trust
If your child receives, or may someday receive, public benefits, a special needs trust (also called a supplemental needs trust) can provide for them financially while helping protect those benefits. Many families put a guardian advocate and a trust in place together. Learn more about our special needs planning services.
Get Your Free Special Needs Planning Guide
Learn how to leave an inheritance while helping protect public benefits, who can make decisions for your loved one after age 18, and which benefits may be available.
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Frequently Asked Questions
What is the difference between a guardian advocate and a full guardianship?
A guardian advocate is a simplified process for adults with developmental disabilities. A full guardianship is a broader court process for adults found incapacitated. Your attorney can explain which fits your family.
When should we start the process?
Many families begin several months before their child turns 18, so the right decision-making authority is in place on their birthday.
Do both parents need to agree?
When possible, both parents should consent to the petition, even if divorced. This can help avoid delays.
What happens after I'm appointed?
You'll file an initial report with the court and then annual reports. These describe your child's care plan and account for their property and income.
Does a guardian advocate replace a special needs trust?
No. They do different jobs. A guardian advocate makes decisions for your loved one, and a special needs trust provides financial support while helping protect public benefits.
Ready to Talk It Through?
We'd love to help your family plan for your loved one's future.