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Emergency Guardianship for an Elderly Parent in Florida

Emergency Guardianship for an Elderly Parent in Orlando, Florida

Taking Swift Legal Action to Protect Aging Loved Ones

When an elderly parent in Florida faces an urgent threat to their health, safety, or finances and cannot protect themselves, families often need immediate legal authority to act. Florida law allows courts to appoint an emergency temporary guardian (ETG) to protect vulnerable seniors in crisis situations. If you are facing a sudden crisis involving your aging parent, knowing how emergency guardianship works is critical.

I’m Beryl Thompson-McClary, a Florida guardianship attorney with decades of experience helping families across the state, including Orlando, Tampa, and Miami. If you need to act quickly to protect a loved one, call 1-888-640-2999 to schedule an urgent consultation.

What Is Emergency Guardianship in Florida?

Emergency guardianship is a legal process where a Florida court appoints a temporary guardian to make immediate decisions for an incapacitated person when there is an urgent danger to their health, safety, or property. Under Florida Statute 744.3031, courts can issue an order for an emergency temporary guardian (ETG) when:

  • The individual is unable to manage their affairs
  • Immediate action is needed to prevent harm

The court limits the ETG’s authority to what is absolutely necessary and closely supervises the temporary guardianship.

When to Seek Emergency Guardianship for an Elderly Parent

Common reasons families seek an ETG for a senior parent in Florida include:

  • Immediate risk of financial exploitation or elder abuse
  • Refusal of necessary medical care due to cognitive decline
  • Unsafe living conditions, self-neglect, or inability to care for themselves
  • Urgent need for medical decisions without a health care surrogate
  • Severe dementia, Alzheimer’s disease, or mental health crises requiring quick intervention

If your parent’s life, health, or assets are at risk and no other less restrictive options are available, emergency guardianship may be appropriate.

How the Florida Emergency Guardianship Process Works

  1. File a Petition for Emergency Temporary Guardianship The petition must explain the urgent circumstances, the immediate risks, and why guardianship is necessary.
  2. Medical Evidence You must provide medical documentation or an affidavit supporting the claim that your parent lacks capacity.
  3. Court Hearing The court will schedule an expedited hearing, often within days. The elderly parent must be represented by an attorney.
  4. Appointment of ETG If the court agrees that immediate action is needed, it will appoint an emergency temporary guardian for up to 90 days. In some cases, the ETG’s term may be extended.
  5. Transition to Permanent Guardianship (If Needed) At the same time, the court may require that a separate petition for permanent guardianship be filed and pursued.

Important Limitations of Florida Emergency Guardianship

  • The emergency guardian’s powers are limited to the specific needs described in the court order.
  • Emergency guardianship is intended as a short-term solution.
  • A full incapacity hearing is still necessary for long-term guardianship.
  • The rights of the elderly parent are protected through court supervision and legal representation.

FAQs About Emergency Guardianship for Elderly Parents in Florida

How fast can I get emergency guardianship in Florida? Courts often act quickly in emergency guardianship cases—sometimes within 48 to 72 hours of filing, depending on the situation.

Do I need a lawyer to file for emergency guardianship? Yes. Emergency guardianship involves strict legal requirements. An experienced Florida guardianship attorney can file properly, represent you at hearings, and guide you through the process.

What if my parent refuses to cooperate? Florida law allows the court to appoint a guardian even over a person’s objections if their incapacity and risk are proven.

Can I be appointed as the emergency temporary guardian? Often, family members are appointed if they are willing and qualified. Courts prioritize those with close relationships to the individual.

Does emergency guardianship end after 90 days? Yes, unless a permanent guardian is appointed. If no permanent guardianship is pursued, the emergency authority ends.

How do I prove my parent is incapacitated? Medical evaluations, affidavits from physicians, and clear documentation of risky behaviors or exploitation are essential.

Contact Florida Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If you are facing an emergency with an elderly parent in Florida and need immediate legal action, I’m here to help. Timing is critical. Call 1-888-640-2999 today to schedule an urgent consultation and protect your loved one’s health, safety, and dignity.

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When an Aging Parent Needs a Guardian: Signs and Legal Options

When an Aging Parent Needs a Guardian: Signs and Legal Options

A Florida Guide to Protecting Vulnerable Parents

As parents age, their ability to manage medical care, finances, and daily living can decline. In Florida, guardianship offers a legal way to protect aging parents who can no longer make safe, informed decisions. Knowing when to step in and how the guardianship process works is critical to ensuring their well-being while preserving dignity and autonomy whenever possible.

I’m Beryl Thompson-McClary, a trusted Florida guardianship attorney. I help families across the state—from Orlando to Miami to Tampa—understand their legal options when a loved one needs help. If you’re concerned about an elderly parent and want guidance, call 1-888-640-2999 to schedule a consultation.

Recognizing the Signs an Elderly Parent May Need a Guardian

In Florida, guardianship should be considered when an aging parent can no longer make sound decisions about their health, safety, or finances. Warning signs include:

  • Forgetting to take medications or taking them improperly
  • Unpaid bills, excessive spending, or financial exploitation
  • Unsafe living conditions (hoarding, falls, neglect of personal hygiene)
  • Signs of dementia, confusion, or memory loss
  • Vulnerability to scams or undue influence
  • Refusal to seek necessary medical care

If your parent’s ability to make decisions places them at risk, guardianship may be necessary to ensure protection and care.

Florida’s Legal Options for Helping an Aging Parent

Florida offers several legal tools to assist aging parents. Guardianship is a last resort—only used when less restrictive alternatives are not sufficient.

1. Power of Attorney

If your parent still has mental capacity, they can sign a durable power of attorney allowing you to manage financial and legal affairs. This is often the best first step if the parent is willing and able.

2. Health Care Surrogate Designation

This allows your parent to name someone to make medical decisions if they become incapacitated. Again, they must have capacity at the time they sign.

3. Voluntary Guardianship

Under Florida Statute 744.341, if an elderly parent recognizes they need help but is still mentally competent, they can voluntarily petition for a guardian to assist them.

4. Involuntary Guardianship

If your parent cannot understand or consent to needed assistance, you may petition for involuntary guardianship under Florida Statutes Chapter 744. This involves:

  • Filing a petition in court
  • Having the court appoint an examining committee of medical professionals
  • A hearing to determine incapacity

The court can appoint a guardian over the person (medical and daily care decisions), the property (financial management), or both.

Florida Guardianship Process for Aging Parents

  • File a Petition to Determine Incapacity and a Petition to Appoint Guardian
  • Court appoints an attorney to represent the parent
  • Examination by a three-member medical panel
  • Court hearing and decision
  • If incapacity is proven, the court appoints a guardian (family member or professional)

The goal is always the least restrictive alternative that still protects the parent’s interests.

FAQs About Guardianship for Elderly Parents in Florida

What if my parent refuses help? You can still petition for guardianship if they are at risk. Florida courts prioritize the safety of the individual, even if they object.

Do I have to be a Florida resident to serve as my parent’s guardian? No, but non-residents must usually be related by blood, marriage, or adoption to serve as guardian under Florida law.

Can my parent keep any rights under guardianship? Yes. Florida courts prefer limited guardianships where the individual retains as many rights as possible.

Is guardianship expensive? Costs include court filing fees, attorney fees, and potentially fees for medical evaluations. Costs can vary, but failing to act could be far more costly if financial abuse or medical neglect occurs.

How long does the guardianship process take in Florida? Typically 60 to 90 days, depending on court schedules and whether the guardianship is contested.

Can guardianship be challenged or modified later? Yes. If a parent’s condition improves, the court can restore rights. Guardians can also be removed or replaced if necessary.

Contact Florida Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If you believe your aging parent in Florida may need a guardian, early legal action can prevent crises and protect their dignity. I’m here to guide you through the guardianship process with compassion and skill. Call 1-888-640-2999 to schedule a consultation and take the first step toward ensuring your loved one’s safety and care.

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How To Find The Best Guardianship Attorney in Orlando, Florida

How To Find The Best Guardianship Attorney in Orlando

A Parent’s Guide to Choosing Legal Help You Can Trust

If you’re responsible for the care of a child, spouse, parent, or loved one who cannot make decisions independently, choosing the right guardianship attorney is one of the most important decisions you’ll ever make. The attorney you hire will guide you through Florida’s legal process, help protect your loved one’s rights, and ensure that your guardianship is legally valid, enforceable, and beneficial to the person you’re trying to protect.

I’m Beryl Thompson-McClary, a trusted Orlando Guardianship Attorney, and I’ve helped families across Orange County, Florida for years. Here’s what I tell every parent and caregiver looking for legal guidance: the best guardianship attorney isn’t just experienced—they understand your family’s needs, offer clear communication, and walk beside you every step of the way. If you’re ready to speak with someone directly, call 1-888-640-2999 to schedule a consultation.

What Does a Guardianship Attorney Do?

A guardianship attorney helps families obtain legal authority to care for someone who cannot legally or mentally care for themselves. In Florida, this may include:

  • Filing for guardianship or guardian advocacy
  • Helping you choose between limited and full guardianship
  • Preparing and filing court petitions
  • Coordinating medical evaluations
  • Representing you in court hearings
  • Ensuring guardians comply with annual reporting duties
  • Assisting with special needs trusts and public benefits

Your attorney’s job is to make sure your loved one’s best interests are protected while helping you follow the law every step of the way.

Five Qualities to Look for in the Best Guardianship Attorney in Orlando

1. Focuses on Guardianship and Special Needs Law

You want an attorney who regularly handles guardianship and related matters—not someone who dabbles in them. Ask how often they appear in probate court and whether they’ve worked with families like yours.

2. Knows the Local Court System

The process for guardianship can vary from county to county. An Orlando-based attorney will be familiar with the judges, clerks, and filing procedures in Orange County. That local knowledge can make the process smoother and faster.

3. Clear and Compassionate Communication

Guardianship is personal. Your attorney should explain things in a way that makes sense, answer your questions with patience, and always put your concerns first.

4. Transparent About Fees

You should know exactly what to expect in terms of legal costs. The best attorneys provide written fee agreements and don’t leave you guessing about billing.

5. Offers Long-Term Planning Guidance

The guardianship process doesn’t end in court. Your attorney should also help with planning for your loved one’s future—whether that’s preparing annual reports, setting up a special needs trust, or designating successor guardians.

Questions to Ask Before Hiring an Orlando Guardianship Attorney

  • How many guardianship cases have you handled in Florida?
  • Are you familiar with both guardian advocacy and traditional guardianship?
  • Will you personally handle my case or assign it to another lawyer?
  • How will you communicate updates to me?
  • Do you work with families of children with disabilities?
  • What do your fees include?
  • Can you help with estate planning or long-term care needs too?

Why So Many Families Choose Beryl Thompson-McClary

When you’re looking for the best guardianship attorney in Orlando, you want someone who takes the time to understand your family’s unique needs. I handle every case with the care and attention it deserves. I’m not just here to get you through a hearing—I’m here to make sure your loved one is legally protected for years to come.

I assist parents seeking guardianship of children turning 18, adult children seeking guardianship of elderly parents, and guardianship in high-asset divorce and disability-related matters. From your first call to your final court order—and beyond—you’ll have an experienced attorney you can count on.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Choosing the right guardianship attorney can make all the difference. If you’re ready to work with a firm that truly puts families first, call 1-888-640-2999 to schedule a consultation. I serve clients throughout Orlando and Orange County, Florida, and I’m here to help you make the best decisions for your loved one’s future.

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Five Things Every Parent Must Do To Protect Their Special Needs Child in Florida

Five Things Every Parent Must Do To Protect Their Special Needs Child in Florida

Legal and Practical Steps for Long-Term Security

Raising a child with special needs in Florida involves more than daily care and support. As your child grows, you’ll need to make decisions that protect their rights, finances, and access to long-term resources. Whether your child is a minor or approaching adulthood, there are legal and planning tools that can help ensure they remain protected for life.

I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I help families throughout Orange County, Florida, build secure futures for their children with disabilities. Here are five essential actions every parent should take to safeguard their child’s wellbeing—now and in the years ahead.

1. Establish a Guardianship or Guardian Advocacy When Your Child Turns 18

In Florida, a child legally becomes an adult at age 18. That means parents lose the automatic right to make decisions, access medical records, or manage finances unless they take legal action.

For many families, guardian advocacy is the most appropriate option. This simplified court process applies to adults with developmental disabilities and allows you to continue managing key aspects of their care.

If your child’s disability doesn’t fall under the guardian advocacy statute or involves broader cognitive limitations, a traditional guardianship under Florida Statutes Chapter 744 may be necessary.

2. Create a Special Needs Trust to Preserve Government Benefits

Your child may qualify for public programs like SSI, Medicaid, or housing assistance, but these programs have strict asset limits. If your child inherits money or receives gifts or legal settlements, they could lose access to essential benefits.

A Special Needs Trust (SNT) lets you set aside funds to improve your child’s quality of life without jeopardizing their eligibility. These trusts can pay for:

  • Therapies and medical treatments not covered by insurance
  • Educational programs
  • Recreation, hobbies, or vacations
  • Transportation or personal care assistance

An SNT must be carefully drafted by an attorney familiar with Florida law and public benefit regulations.

3. Designate a Pre-Need Guardian and Successor Caregivers

What happens if you’re no longer able to care for your child?

Under Florida Statute 744.3045, you can file a pre-need guardian designation with the court. This names the person you want to step in as guardian if something happens to you.

You should also:

  • Include a successor guardian in your estate plan
  • Share information about your child’s daily routines, medical history, and care preferences
  • Coordinate with relatives or trusted individuals who may be involved in long-term care

4. Draft a Letter of Intent

While not legally binding, a letter of intent is a powerful tool. It’s your opportunity to share everything a future caregiver or guardian should know, including:

  • Your child’s medical needs and doctors
  • Educational goals or service providers
  • Daily habits and preferences
  • Religious, cultural, or personal values

This document can be updated regularly and stored with your estate plan, guardianship records, or trust documents.

5. Work With an Experienced Guardianship Attorney

These decisions are too important to handle without legal guidance. As an Orlando Guardianship Attorney, I help parents:

  • Establish guardianship or guardian advocacy
  • Draft and fund special needs trusts
  • Prepare long-term care plans and estate documents
  • Coordinate benefits and avoid common legal mistakes

You don’t have to wait for a crisis. By acting early, you can give your family peace of mind and ensure your child is cared for well into the future.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Your child’s safety, stability, and dignity matter—today and always. If you’re ready to build a legal and financial plan that truly protects your child with special needs, I’m here to help. Call 1-888-640-2999 to schedule your consultation and take the first step toward long-term peace of mind.

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When Should Parents Seek Guardianship for a Special Needs Child Turning 18?

A Critical Milestone for Florida Families with Special Needs Children

In Florida, the law considers everyone to be an adult at age 18, with full legal rights to make medical, financial, and personal decisions. For parents of children with special needs, this legal milestone can create challenges if the child is unable to make informed decisions on their own. If your child has a developmental or cognitive disability and is approaching adulthood, guardianship may be necessary to ensure continued protection and support.

I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I help parents across Orange County, Floridaprepare for this important transition. If your child is turning 18 soon and you need legal guidance, call 1-888-640-2999 to schedule a consultation.

What Changes at Age 18?

When a child turns 18 in Florida, they become legally responsible for themselves. This means:

  • Parents can no longer access medical records or make healthcare decisions
  • Parents cannot legally manage finances or apply for benefits on their child’s behalf
  • Schools, doctors, and service providers are no longer permitted to speak with parents without written consent

If your child has a disability that prevents them from making safe, informed decisions, it may be time to consider guardianship.

When Should Parents Begin the Process?

You can begin the guardianship process when your child is 17 years and 6 months old. This allows enough time to file paperwork, attend a court hearing, and obtain legal authority by the time your child turns 18.

Starting early is important because guardianship is not automatic. Even if you’ve been caring for your child their whole life, Florida law requires a court to formally approve a guardianship or guardian advocacy appointment.

Types of Guardianship for Special Needs Adults in Florida

Florida offers two main options:

Guardian Advocacy

Under Florida Statute 393.12, this option is designed for adults with developmental disabilities such as autism, Down syndrome, or intellectual disabilities. It does not require a full incapacity hearing and is generally faster and more affordable than traditional guardianship.

Plenary or Limited Guardianship

Under Florida Statutes Chapter 744, this option applies when the adult has broader decision-making impairments or a condition that does not fall under guardian advocacy. It requires a court determination of incapacity and a more involved legal process.

Questions to Consider Before Seeking Guardianship

  • Can your child understand and consent to medical treatment?
  • Can your child manage money or understand financial decisions?
  • Does your child rely on you to communicate with doctors, teachers, or employers?
  • Would your child be at risk of exploitation or neglect without oversight?

If you answer yes to most of these questions, it may be time to pursue guardianship.

FAQs: Guardianship for a Special Needs Child Turning 18

When should I start the guardianship process? Start when your child is 17.5 years old. That gives the court enough time to hear your case before your child turns 18.

Does guardianship mean my child loses all their rights? Not always. Florida allows limited guardianships that preserve some rights. The court will decide which decisions your child can still make.

Is guardian advocacy easier than full guardianship? Yes. Guardian advocacy is simpler and less expensive. It’s a good option for children with developmental disabilities who qualify under Florida law.

Can both parents be appointed as guardians? Yes. The court can appoint co-guardians so parents can share responsibilities.

What happens if I don’t get guardianship? You may not be able to make medical or financial decisions for your child once they turn 18. Hospitals, banks, and government agencies may refuse to speak with you.

Can my child object to the guardianship? Yes. The court appoints an attorney to represent your child and will consider their views before making a decision.

Do I need a lawyer? It’s not required, but it helps. As an Orlando Guardianship Attorney, I can prepare the court filings, help you gather medical documents, and represent you at the hearing.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If your child is approaching adulthood and has special needs, guardianship may be the key to continuing the care and oversight they need. I can help you prepare and guide you through the legal process. Call 1-888-640-2999 today to schedule your consultation and protect your child’s future.

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How to Plan for the Future of a Special Needs Adult After the Guardian’s Death

How to Plan for the Future of a Special Needs Adult After the Guardian’s Death

Securing Lifelong Care and Stability in Florida

For many families in Orlando and throughout Florida, planning for the future of an adult child with special needs is a deeply personal priority. If you are a guardian or caregiver, one of your most important responsibilities is preparing for the day when you are no longer able to fulfill that role. Whether due to age, illness, or unexpected death, planning ahead ensures your loved one will have continued care, housing, financial stability, and legal protection.

I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I work with families across Orange County, Florida, to create lasting plans that support individuals with disabilities for the rest of their lives. If you’re ready to put a plan in place, call 1-888-640-2999 to schedule a consultation.

The Importance of Future Planning for Special Needs Adults

Guardianship provides the legal authority to make decisions for an adult who cannot make them independently. But it does not automatically transfer to someone else when the guardian dies. Without a plan in place, your loved one could face a gap in care, benefit interruptions, or court proceedings to appoint a new guardian.

Planning ahead means putting legal and financial safeguards in place now so your child or dependent continues receiving the support they need with as little disruption as possible.

Legal Tools to Protect Your Loved One After Your Death

Several legal strategies can help ensure continued care for your loved one after your passing:

Successor Guardian Designation

Under Florida Statute 744.312, you can nominate a successor guardian in your will or in a pre-need guardian designation. This person must still be approved by the court, but your nomination carries significant weight. A successor guardian should be someone who knows your child well and is capable of managing their care and legal responsibilities.

Pre-Need Guardian Declaration

Florida allows you to file a pre-need guardian designation with the court. This document names who you want to take over as guardian if you become incapacitated or pass away. Filing it with the court now helps avoid future disputes or delays.

Special Needs Trust (SNT)

A Special Needs Trust allows you to set aside money or property to support your child without disqualifying them from SSI, Medicaid, or other public benefits. You can name a trustee who will manage the funds according to your instructions after your death.

Under Florida and federal law, assets held in an SNT are not counted against income or asset limits for public benefit programs. Trust funds can be used for:

  • Personal care attendants
  • Therapy or medical needs not covered by Medicaid
  • Hobbies, recreation, and travel
  • Transportation and assistive technology

Letter of Intent

While not a legal document, a letter of intent provides guidance to your successor guardian or trustee. It can include:

  • Medical history
  • Daily routines
  • Likes and dislikes
  • Educational or vocational goals
  • Preferred housing options
  • Religious or cultural considerations

This document helps others step into your role with a clear understanding of your loved one’s needs.

Coordinating Guardianship With Estate Planning

As part of your estate plan, you should consider:

  • Naming the successor guardian in your will
  • Establishing a Special Needs Trust
  • Coordinating with family members who will be involved in future care
  • Ensuring beneficiary designations on life insurance and retirement accounts do not name the individual directly (which could affect benefits)

These steps help ensure your wishes are followed, and your child is protected.

FAQs: Planning for a Special Needs Adult After a Guardian’s Death

What happens if I die without naming a successor guardian? The court will need to appoint a new guardian, which could take time and lead to disagreements among family members. If no one is available or willing, the court may appoint a professional guardian.

Can I name more than one person to serve as a guardian? Yes, Florida allows co-guardians or successor guardians. You can name multiple people in order of preference.

Will my child lose their SSI or Medicaid if they inherit from me? Yes, if they receive the funds directly. That’s why you should leave assets in a Special Needs Trust, which preserves eligibility for benefits.

What is the difference between a guardian and a trustee? A guardian manages personal, legal, and medical decisions. A trustee manages funds in a trust. These roles can be filled by the same person or different individuals.

Can I use life insurance to fund a Special Needs Trust? Yes. In fact, many families purchase a policy specifically to fund an SNT after their death. Make sure the trust is the beneficiary—not your child directly.

Do I need a lawyer to create these documents? Yes. These are complex legal arrangements with long-term consequences. As an Orlando Guardianship Attorney, I can help you prepare valid, enforceable documents that reflect your wishes.

What if my child lives in a group home or supported living facility? Planning should include coordination with care providers and ensure that whoever steps into your role understands how to maintain those services.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Planning for your own death is never easy, especially when you care for someone who depends on you. But preparing now can prevent confusion, stress, and hardship for your loved one. If you want to create a solid plan for your special needs child or dependent, I’m here to help. Call 1-888-640-2999 to schedule a consultation and protect your family’s future.

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How Guardianship Affects Government Benefits for Special Needs Adults in Florida

How Guardianship Affects Government Benefits for Special Needs Adults in Florida

Understanding the Impact on SSI, Medicaid, and Long-Term Financial Security

In Orlando and throughout Florida, families of adults with special needs often rely on government programs to meet their loved one’s basic needs. These programs, including Supplemental Security Income (SSI), Medicaid, and housing assistance, have strict eligibility requirements. When a parent or caregiver seeks guardianship for their adult child, it can raise important questions about how that legal status could impact current or future government benefits.

I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I work with families to make sure their guardianship petitions support—not jeopardize—the long-term financial stability of their loved ones. I represent clients throughout Orange County, Florida, and I understand how guardianship decisions intersect with public benefits. If you’re concerned about how guardianship could affect your child’s eligibility for SSI or Medicaid, call 1-888-640-2999 to schedule a consultation.

Guardianship and Legal Capacity in Florida

Under Florida Statute Chapter 744, a guardianship can be full (plenary) or limited. A full guardianship removes a wide range of legal rights from the individual (called the ward) and places them in the hands of the guardian. A limited guardianship allows the ward to retain certain rights, depending on what the court finds they can manage.

Guardian advocacy, governed by Florida Statute 393.12, applies to adults with developmental disabilities and offers a less restrictive option. In both types of guardianship, the guardian is tasked with managing personal, financial, and healthcare decisions as assigned by the court. This responsibility directly intersects with benefit programs like SSI and Medicaid, which are income- and asset-sensitive.

The Role of Guardians in Managing Government Benefits

Once appointed, a guardian or guardian advocate may be responsible for overseeing a ward’s government benefits. This includes:

  • Applying for or maintaining eligibility for programs like SSI or Medicaid
  • Managing funds received through benefit programs
  • Ensuring continued compliance with reporting and income limits
  • Avoiding disqualifying transfers or purchases

If a guardian is not careful, well-meaning actions—such as placing funds in the ward’s name or failing to report income—can result in benefit suspension, reduction, or permanent disqualification.

How SSI Eligibility Can Be Affected by Guardianship

Supplemental Security Income (SSI) is a needs-based federal benefit program for individuals who are disabled and have limited income and resources. The Social Security Administration sets strict resource limits for SSI recipients—currently $2,000 in countable assets for an individual.

Guardianship doesn’t automatically disqualify someone from receiving SSI. However, the way funds are handled under guardianship can impact eligibility:

  • If a guardian places large amounts of money into the ward’s personal bank account, this can push them over the asset threshold.
  • If a ward receives direct income not reported by the guardian, benefits may be reduced or terminated.
  • If guardians pay for shelter, food, or other in-kind support using their own resources, this could be counted as income to the ward.

To maintain eligibility, guardians must understand how every financial move affects SSI. In many cases, establishing a Special Needs Trust is necessary to hold excess assets without affecting eligibility.

Medicaid Eligibility and Guardianship

Medicaid is a federal and state program that provides healthcare for low-income individuals, including adults with disabilities. In Florida, Medicaid eligibility is often tied to SSI eligibility, meaning the same financial restrictions apply.

If guardianship results in the individual receiving income, gifts, or assets in excess of program limits, they could lose coverage. Florida Medicaid programs also have specific rules around:

  • Income caps
  • Resource limits
  • Trust structures (including qualified income trusts and special needs trusts)

Guardians should avoid transferring property, accepting large gifts, or managing finances informally. All actions taken on behalf of the ward must comply with Medicaid’s strict income and resource guidelines.

The Importance of Special Needs Trusts

To preserve eligibility for benefits, a Special Needs Trust (SNT) is often essential. These trusts allow a guardian to place funds into a protected legal structure that doesn’t count against Medicaid or SSI limits. The trust is administered by a trustee and used for:

  • Medical and dental expenses not covered by Medicaid
  • Personal care attendants
  • Education and training
  • Recreation and other quality-of-life expenses

There are several types of special needs trusts under Florida law, including:

  • First-party SNTs (funded with the ward’s assets)
  • Third-party SNTs (funded by parents or others)
  • Pooled trusts (managed by nonprofit organizations)

As an Orlando Guardianship Attorney, I regularly advise families on how to integrate special needs trusts into their overall guardianship and estate plans.

Reporting and Oversight Responsibilities

Once appointed, guardians must submit regular reports to the court and other agencies. These include:

  • Initial and annual plans detailing medical care, housing, and benefits
  • Annual accountings of all income and expenditures
  • SSI and Medicaid renewal forms

Failure to file accurate reports can result in:

  • Termination of guardianship
  • Loss of benefits
  • Personal liability for mismanaged funds

Guardians must stay informed and organized to ensure ongoing eligibility and legal compliance.

How I Help Families With Guardianship and Public Benefits

Guardianship isn’t just about legal authority—it’s about long-term financial protection. I help parents, grandparents, and caregivers of adults with disabilities make decisions that safeguard benefits while also preparing for future care.

I can assist with:

  • Filing petitions for guardian advocacy or traditional guardianship
  • Drafting court-compliant reports and filings
  • Advising on SSI and Medicaid interactions
  • Creating and funding special needs trusts
  • Addressing concerns when guardianship affects divorce-related property and support disputes involving high net-worth families

If you’re facing guardianship questions involving public benefits, I’m here to help. Call 1-888-640-2999 to schedule a consultation.

FAQs About Guardianship and Government Benefits in Florida

Can a guardian manage my adult child’s SSI and Medicaid without causing issues? Yes, but only if they understand and follow all rules around reporting, asset limits, and permissible expenditures. Improper handling of funds can reduce or eliminate benefits.

What happens if a guardian puts money in the ward’s name? If those funds push the ward over the $2,000 asset limit, they could lose SSI and Medicaid eligibility. In many cases, it’s better to direct funds into a properly drafted special needs trust.

Is guardianship required for someone to qualify for SSI or Medicaid? No. Many individuals qualify for benefits without having a guardian. However, guardianship may be necessary if the individual cannot manage their benefits or make informed decisions.

Can I still receive child support or alimony in a high net-worth divorce if I’m the guardian of a disabled adult? Yes, but those funds must be structured correctly to avoid affecting your child’s benefits. In some cases, support payments can be directed into a trust to avoid disqualifying them.

Can I be a guardian advocate and still use a special needs trust? Absolutely. Many families combine guardian advocacy with special needs trusts to provide financial support while keeping public benefits intact.

What kind of training do I need to be a guardian advocate managing benefits? Florida law requires guardians to complete a training course approved by the court. This includes instructions on fiduciary responsibilities and benefit-related concerns.

What if my adult child inherits money or receives a legal settlement? If the funds are not handled correctly, they can cause the loss of SSI and Medicaid. A first-party special needs trust can protect those assets and preserve eligibility.

Do I need a lawyer to manage these issues? You are not required to hire a lawyer, but the stakes are high. An experienced Orlando Guardianship Attorney can help you avoid costly mistakes and build a sustainable plan for the future.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Government benefits are critical to the long-term care and support of adults with disabilities. If you’re considering guardianship for your loved one or already have it and want to ensure their benefits remain protected, I’m here to help. Call 1-888-640-2999 to schedule your consultation and secure your family’s peace of mind.

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The Role of Guardianship in Long-Term Care Planning for Special Needs Adults in Florida

The Role of Guardianship in Long-Term Care Planning for Special Needs Adults in Florida

Legal Protection and Practical Support for Lifelong Care Needs

Orlando is known for its family-centered communities and commitment to inclusivity. For many families here in Central Florida, long-term care planning for a loved one with special needs is not just a future concern—it’s a daily reality. Whether your adult child has autism, Down syndrome, or another developmental or cognitive condition, one of the most important decisions you may face is whether guardianship is necessary to support their long-term needs.

As an experienced Guardianship Attorney in Orlando, I help families make informed, thoughtful decisions about how to care for loved ones who cannot fully care for themselves. I assist parents, relatives, and caregivers throughout Orange County, Florida who are working to build secure, long-term plans for their adult children with disabilities. Whether you are considering guardianship or exploring alternatives, I can help you understand your rights, the legal process, and how Florida law applies to your unique situation. To discuss your case, call my office at 1-888-640-2999 to schedule a consultation.

Understanding the Connection Between Guardianship and Long-Term Care

Guardianship is a legal tool that allows a trusted individual to make personal, medical, or financial decisions for another person who has been determined to lack the capacity to make those decisions on their own. When an individual with special needs reaches adulthood, parents often lose the automatic legal authority to act on their child’s behalf. This can create gaps in care if the child cannot manage essential tasks independently.

Long-term care planning includes not only financial and housing arrangements but also decisions about medical treatment, daily support, and public benefits. Guardianship becomes one of the ways to ensure that a designated caregiver has the legal authority to act when necessary—whether it’s approving a surgery, managing benefits, or placing the person in a residential care facility.

Guardian Advocacy Under Florida Law

In Florida, guardian advocacy is a simplified form of guardianship specifically for individuals with developmental disabilities. It is established under Florida Statutes §393.12, which allows a court to appoint a guardian advocate without the need for a formal incapacity hearing. This is especially helpful for families with adult children who have conditions such as:

  • Autism
  • Cerebral palsy
  • Down syndrome
  • Spina bifida
  • Prader-Willi syndrome
  • Phelan-McDermid syndrome
  • Intellectual disabilities

These conditions must have originated before age 18 and be expected to continue indefinitely. Guardian advocacy is often part of the long-term care strategy for families who want to support their child’s independence while also protecting their health and legal rights.

When Full Guardianship May Be Necessary

For adults with special needs who do not fall under Florida’s guardian advocacy statute or whose conditions involve more complex decision-making needs, traditional guardianship under Florida Statutes Chapter 744 may be required. This process involves:

  • A court-ordered capacity evaluation by a three-member examining committee
  • A hearing to determine legal incapacity
  • The appointment of a guardian for the person, the property, or both

Traditional guardianship provides broader legal powers and more court oversight than guardian advocacy. It is typically required for individuals whose cognitive impairments arose after age 18 or whose limitations involve multiple areas of functioning, including managing money, signing contracts, and making healthcare decisions.

Guardianship and Public Benefits

One of the most important aspects of long-term care planning for special needs adults is preserving eligibility for public benefits such as:

  • Supplemental Security Income (SSI)
  • Social Security Disability Insurance (SSDI)
  • Medicaid
  • Medicaid Waiver Programs
  • Housing vouchers or other federal support

Guardianship does not, in itself, disqualify an individual from receiving these benefits. However, financial management must be done carefully. For example, if a guardian unintentionally causes the ward to exceed resource or income limits, it could jeopardize eligibility.

That’s why many families pair guardianship with additional planning tools such as:

  • Special Needs Trusts (SNTs) – Used to hold assets for the benefit of the individual without affecting SSI/Medicaid eligibility
  • ABLE Accounts – Tax-advantaged savings accounts that do not count toward SSI asset limits
  • Representative Payees – Designated individuals or organizations who manage government benefits on behalf of the beneficiary

An experienced Orlando Guardianship Attorney can help ensure that your loved one’s benefits remain protected and used appropriately.

Guardianship: Supporting Autonomy and Oversight

Guardianship does not have to be all or nothing. In many cases, courts in Florida can issue limited guardianships, which preserve some of the individual’s rights while assigning specific decision-making areas to the guardian. This might include:

  • Medical care only
  • Financial management only
  • Education-related decisions

The court tailors the guardianship order based on the individual’s needs and abilities. This balance is often crucial for special needs adults who may be capable of handling some parts of their lives with support, but not all.

The guardian is also required to submit regular reports to the court, which may include:

  • A plan of care
  • An inventory of assets
  • Annual accountings
  • Updates on living conditions and services received

This oversight helps ensure the adult’s well-being and provides a level of protection against abuse or neglect.

Why Legal Representation Matters

As a Guardianship Attorney in Orlando, I work with both sides of these matters—parents seeking to support their child, and individuals who want to retain as much independence as possible. Whether we are pursuing guardian advocacy or full guardianship, my goal is to build a plan that meets your loved one’s needs while following Florida law closely. These cases are deeply personal, and no two families face the exact same situation.

If you are thinking about how to care for your adult child with special needs, I invite you to schedule a consultation. We’ll review your options and responsibilities, including what kind of guardianship—if any—makes sense in your situation.

To speak with me about long-term care and guardianship planning, call 1-888-640-2999. I represent clients throughout Orange County, Florida, and I’m here to help you understand your rights and obligations under Florida law.

FAQs – Guardianship and Long-Term Care for Special Needs Adults in Florida

Does getting guardianship mean I can’t let my child make any decisions on their own?
No. Florida allows for limited guardianships and guardian advocacy arrangements that preserve many of your child’s rights. If your child is capable of making certain decisions, we can structure the legal arrangement to reflect that, so they remain as independent as possible.

Will my child lose their SSI or Medicaid if I become their guardian?
Not if everything is set up properly. Guardianship does not disqualify someone from government benefits. However, guardians must manage assets carefully to ensure the individual does not exceed income or resource limits. I often help families set up Special Needs Trusts or ABLE accounts to protect benefits.

What’s the difference between guardian advocacy and full guardianship?
Guardian advocacy is a simpler court process available for adults with specific developmental disabilities. It does not require a full incapacity hearing. Traditional guardianship involves more court oversight and applies to a wider range of disabilities, including those acquired later in life.

Is there a way to plan for my child’s future care if something happens to me?
Yes. Part of long-term care planning includes choosing a successor guardian, setting up a life care plan, and creating financial tools like trusts. These steps help ensure your child continues to receive the support they need if you can no longer provide it.

Can someone object to me becoming my child’s guardian?
It’s possible. Other family members, service providers, or even the court-appointed attorney may raise concerns. That’s why it’s important to work with an attorney who can help you present a clear, well-documented plan for your child’s care.

Do I have to go to court to become a guardian advocate?
Yes. Even for guardian advocacy, a petition must be filed in court, and a judge must approve your request. The court also appoints an attorney to represent your adult child during the process. I help families prepare for these hearings and ensure all legal requirements are met.

How often do I have to report to the court as a guardian?
You’ll generally need to file an initial plan and then annual reports that update the court on your child’s care, living situation, and finances if you are managing assets. These reports ensure accountability and protect your child’s best interests.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you’re caring for an adult with special needs and have questions about guardianship and long-term care planning, I’m here to help. Let’s discuss how to create a legal structure that supports your loved one now and into the future.

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Financial Guardianship for Adults With Special Needs in Florida

Financial Guardianship for Adults With Special Needs in Florida

Legal Support for Families Protecting Vulnerable Adults in Orlando

Orlando families with adult children who have special needs often face difficult decisions when it comes to managing finances and long-term care. Once a child turns 18, parents lose their automatic authority to oversee financial matters unless they obtain legal rights through the courts. Financial guardianship is one way to ensure those assets are protected and used in the individual’s best interest.

I’m Beryl Thompson-McClary, an experienced Orlando Guardianship Attorney, and I represent families throughout Orange County, Florida, in financial guardianship matters involving adults with developmental disabilities and cognitive impairments. If you are concerned about your loved one’s ability to manage money, access public benefits, or avoid financial exploitation, I can help you through this legal process. Call 1-888-640-2999 to schedule a consultation.

What Is Financial Guardianship in Florida?

Financial guardianship, often called a guardian of the property, is a legal appointment by the court that gives one person the authority to manage another adult’s money and assets. This can include overseeing bank accounts, Social Security payments, government benefits, investments, and property.

In Florida, this is governed by Florida Statute Chapter 744, which outlines the responsibilities and limitations of a guardian of the property. The court appoints a financial guardian when an adult is legally determined to be unable to handle financial matters independently due to a developmental disability, illness, or cognitive condition.

When an adult has special needs, the goal is not to take away independence unnecessarily, but to protect them from making financial decisions that could cause harm or disqualify them from important government benefits.

How Is Financial Guardianship Different From Guardian Advocacy?

For adults with developmental disabilities, Florida law allows a streamlined process called guardian advocacy under Florida Statute 393.12. This process applies when the individual is diagnosed with a qualifying developmental condition that began before age 18, such as:

  • Autism
  • Cerebral palsy
  • Down syndrome
  • Prader-Willi syndrome
  • Phelan-McDermid syndrome
  • Intellectual disability

Guardian advocacy may include authority over financial matters, but only if the petition includes that specific request. In other cases, the court may appoint a guardian of the person to assist with healthcare and personal matters and a separate guardian of the property for financial issues.

I help families assess whether guardian advocacy is sufficient or if a full financial guardianship is necessary. It depends on the nature of the individual’s disability and whether assets are involved that need protection.

Who Needs a Financial Guardian?

Not every adult with special needs requires a guardian of the property. Financial guardianship is usually appropriate when:

  • The individual is unable to understand or manage money
  • There is a risk of financial exploitation
  • The person is unable to apply for or manage Social Security or Medicaid
  • The individual has an inheritance, settlement, or other assets that need protection
  • They are unable to follow basic budgeting practices or avoid scams

This process may be critical for families in high net-worth divorce cases where the child is set to receive support, trust disbursements, or property, and cannot manage those resources independently.

What Does a Financial Guardian Do?

As a guardian of the property, you are legally responsible for managing another person’s finances according to Florida law. Duties include:

  • Opening and managing bank accounts on behalf of the ward
  • Paying bills and overseeing financial transactions
  • Managing and preserving assets and investments
  • Keeping detailed records and receipts
  • Submitting an Initial Inventory and Annual Accounting to the court
  • Applying for and managing government benefits like Medicaid and SSI

Under Florida Statute 744.365, financial guardians are required to submit detailed accountings to the court each year. These reports must show how money was spent and confirm that assets are being protected.

The Legal Process of Becoming a Financial Guardian

To become a guardian of the property in Florida, you must file a petition in the probate court. Here is how the process works:

Step 1: File a Petition for Appointment
Submit a petition for financial guardianship in the county where the individual resides. You must state why the person needs help and which rights should be delegated.

Step 2: Court Evaluation
The court will appoint an examining committee to evaluate the person’s capacity. A separate attorney is appointed to represent the proposed ward.

Step 3: Incapacity Hearing
A judge holds a hearing to review medical evaluations and determine whether the person lacks capacity to manage finances. If so, the judge will decide whether you should be appointed.

Step 4: Guardian Education
All guardians of the property must complete an education course approved by the court. This course explains your legal responsibilities.

Step 5: Bond and Inventory
The court may require a bond (insurance) to protect the ward’s assets. An inventory must be filed listing all income, property, and financial accounts.

Step 6: Ongoing Court Supervision
Each year, you must file an Annual Accounting showing how the ward’s money was spent. You must also act in their best interest and comply with court orders.

Responsibilities, Risks, and Accountability

Being a financial guardian comes with legal and ethical responsibilities. If you misuse funds, fail to file reports, or act against the ward’s interests, the court may:

  • Remove you as guardian
  • Order you to repay any losses
  • Impose legal sanctions

Under Florida Statute 744.474, a guardian can be removed for mismanagement, neglect, or failure to follow court orders.

At my law office, I work with both sides—those seeking financial guardianship and family members who are concerned about how a guardian is managing funds. I also represent parties in contested guardianship cases involving allegations of misused funds or asset protection disputes.

FAQs About Financial Guardianship for Adults With Special Needs in Florida

What is the difference between a guardian of the property and a guardian of the person? A guardian of the property manages financial matters, while a guardian of the person handles personal and healthcare decisions. Sometimes one person serves in both roles, but the court may appoint different individuals depending on the situation.

Does a guardian of the property control all financial decisions? Only those that the court grants authority for. The guardian must manage the ward’s money in their best interest and cannot mix it with personal funds. Court approval is often required for large purchases or asset transfers.

Can an adult with special needs retain any control over their finances? Yes. If the court finds that the person can manage some aspects of their finances, it may allow a limited guardianship. The court will specify which rights are removed and which remain with the individual.

How does a financial guardian protect eligibility for benefits like Medicaid or SSI? Guardians must avoid actions that could affect eligibility, such as holding too much money in the ward’s name. In many cases, it’s appropriate to establish a Special Needs Trust to hold assets without affecting benefit eligibility.

Can someone challenge a petition for financial guardianship? Yes. The individual or any interested party can contest the petition. They may argue that the person does not need a guardian or that someone else is more appropriate for the role.

What happens if the guardian misuses the money? The court can remove the guardian, require them to repay the money, and take legal action. Family members or other interested parties can file complaints with the court if they suspect wrongdoing.

Is it better to plan ahead with a power of attorney? Yes, when possible. A financial power of attorney allows a person to choose someone to manage their money if they become incapacitated. However, many individuals with developmental disabilities are not legally able to execute such documents, which is why financial guardianship is often necessary.

Do guardians get paid for their work? Yes, but only with court approval. Guardians can request reasonable compensation for their services. Fees must be documented and approved by the judge overseeing the case.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Financial guardianship may be the best way to protect your adult child’s assets, preserve their eligibility for benefits, and shield them from financial abuse. If you have questions or are ready to file for guardianship, I’m here to help. Call 1-888-640-2999 to schedule a consultation and discuss the right plan for your family.

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How to Become a Guardian Advocate for an Adult Child in Florida

How to Become a Guardian Advocate for an Adult Child in Florida

Legal Planning for Special Needs Families in Orlando and Throughout Orange County

Orlando is home to many families with children who have developmental disabilities. As these children reach adulthood, parents are often surprised to learn they no longer have automatic legal authority to make decisions for them. Florida law considers all individuals adults at age 18, even if they are unable to manage their own medical, financial, or legal affairs. To continue supporting your adult child, you may need to petition the court to become a guardian advocate.

I’m Beryl Thompson-McClary, an experienced Orlando Guardianship Attorney, and I help families protect the rights and well-being of adults with developmental disabilities. I handle guardian advocacy petitions throughout Orange County, Florida. If you are preparing for your child’s 18th birthday or already facing challenges making decisions on their behalf, call my office at 1-888-640-2999 to schedule a consultation.

What Is Guardian Advocacy?

Florida offers a unique form of guardianship called guardian advocacy, which applies specifically to individuals with developmental disabilities. This legal tool allows parents or caregivers to continue helping an adult child with important decisions, without going through the more complicated and restrictive full guardianship process.

Under Florida Statute 393.12, guardian advocacy is available for individuals diagnosed with conditions such as:

  • Autism
  • Cerebral palsy
  • Down syndrome
  • Intellectual disability
  • Prader-Willi syndrome
  • Phelan-McDermid syndrome
  • Spina bifida

The disability must have originated before the person turned 18 and must significantly impair their ability to make independent decisions.

Guardian advocacy can be a practical solution for families who need legal authority to help with healthcare, housing, education, financial matters, and other daily needs.

How Is Guardian Advocacy Different from Full Guardianship?

The key difference is that guardian advocacy does not require the court to declare the adult child legally incapacitated. In other types of guardianship cases, the court must appoint a panel of medical professionals to evaluate the individual’s capacity, and all legal rights may be removed.

Guardian advocacy is more flexible. The adult child can retain some rights, and the court will determine which areas the guardian advocate can assist with. This may include:

  • Consenting to medical treatment
  • Accessing and managing government benefits
  • Making education and employment decisions
  • Handling financial responsibilities like paying bills or managing a bank account

This allows for a more respectful, less restrictive legal arrangement.

Who Can Serve as a Guardian Advocate?

Florida law provides eligibility criteria for guardian advocates. You must:

  • Be at least 18 years old
  • Be a Florida resident, or a non-resident closely related to the individual
  • Not have a felony conviction
  • Not have been found guilty of abuse, abandonment, or neglect of a child

Parents, stepparents, siblings, grandparents, or close family members can serve. The court may also appoint a professional guardian in some cases.

The Process of Becoming a Guardian Advocate in Florida

The guardian advocacy process begins by filing a petition in the appropriate circuit court in the county where your adult child resides. Here’s a breakdown of how it works:

Step 1: File the Petition
You must submit a petition that explains your child’s condition, why guardian advocacy is needed, and what decisions you are asking the court to give you legal authority to make. This can be filed as early as six months before your child turns 18.

Step 2: Provide Supporting Documentation
You’ll need to submit a physician’s report or psychological evaluation documenting your child’s diagnosis and limitations.

Step 3: Court-Appointed Attorney
Florida law requires the court to appoint an attorney to represent your child. This attorney will meet with your child and submit a report to the court.

Step 4: Hearing
The court will hold a hearing to review your petition, the medical documentation, and the attorney’s report. If the court finds that guardian advocacy is appropriate, it will enter an order granting your petition.

Step 5: Complete Guardian Advocate Training
You are required to complete an approved educational course that explains the legal duties of a guardian advocate.

Step 6: Letters of Guardian Advocacy
Once approved, the court will issue legal documents called Letters of Guardian Advocacy, which give you the authority to act on your child’s behalf in specific areas.

What Are a Guardian Advocate’s Legal Duties?

Under Florida Statute 744.361, guardian advocates are considered fiduciaries. This means you are legally required to act in the best interests of your adult child, manage any assigned responsibilities carefully, and avoid conflicts of interest.

You may be required to:

  • File an Initial Plan and Report with the court within 60 days
  • Submit an annual plan describing your child’s care and needs
  • Maintain records of decisions and actions taken on your child’s behalf
  • Seek court approval before making certain major decisions

Failure to fulfill these duties can lead to removal or even legal action.

What Happens When a Guardian Advocate Is No Longer Needed?

Guardian advocacy can be modified or terminated if your adult child becomes more independent or no longer needs legal assistance. Either the guardian advocate or another interested party can petition the court for a review. The court will assess whether it is appropriate to reduce or end the guardianship based on updated medical evaluations and testimony.

How I Help Families Through the Guardian Advocacy Process

As a long-time Guardianship Attorney in Orlando, I’ve guided many families through the legal steps of obtaining guardian advocacy. I help with:

  • Drafting and filing the petition
  • Collecting and reviewing supporting documentation
  • Preparing for the court hearing
  • Responding to any legal objections or concerns
  • Handling any post-appointment filings and reports

I work with families from all backgrounds, including those with complex financial issues or high net-worth assets. These cases often require special attention when trust funds, property, or business interests are involved. I represent both those seeking to become guardian advocates and those who want to ensure that guardianship is used responsibly.

Call my office at 1-888-640-2999 to schedule a consultation and get the guidance you need.

FAQs About Guardian Advocacy for Adult Children in Florida

What’s the difference between guardian advocacy and traditional guardianship?
Guardian advocacy is a simplified process available for individuals with developmental disabilities. It does not require a court finding of incapacity and allows the individual to retain some rights.

Can both parents be appointed as co-guardian advocates?
Yes. Florida courts allow parents to serve as co-guardians so they can share responsibilities.

Do I need a lawyer to file for guardian advocacy?
It’s not legally required, but hiring an attorney ensures that your petition is properly prepared, filed on time, and complies with Florida law.

Can a guardian advocate make financial decisions for their adult child?
Only if the court grants that authority. You must specifically request financial powers in your petition.

Can my adult child object to the guardian advocacy?
Yes. The court-appointed attorney will meet with your child and report their views to the court. The judge will consider their wishes and needs before granting or denying the petition.

What happens if a guardian advocate fails to perform their duties?
The court can remove a guardian advocate who is not acting in the ward’s best interests or fails to meet legal obligations. A replacement may be appointed.

Can the guardian advocacy be changed if circumstances change?
Yes. You can petition the court to modify or terminate the arrangement if your child becomes more independent or their needs change.

When should I begin the process if my child is approaching age 18?
You can file a petition when your child is 17 and a half. This allows enough time to have the guardianship in place when they legally become an adult.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Guardian advocacy can give you the legal tools to protect your adult child while respecting their independence. If you’re ready to take the next step, I’m here to help. Call 1-888-640-2999 to schedule your consultation and begin planning for your child’s future today.

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