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.
