If you have a child with special needs, you might worry about what will happen after he or she turns 18. Your child will then be a legal adult, meaning you no longer have the authority to make decisions on his or her behalf. While your son or daughter might be equipped to handle some decisions, he or she likely needs assistance as well. If this is the case, petitioning to become a guardian advocate might be the right choice for your family.
You will not have to prove that your child is incapacitated to become a guardian advocate. However, you must demonstrate that your son or daughter needs assistance in some areas.
First, contact our Miami guardian advocate lawyer to discuss your situation. Then, your lawyer can represent you as you petition the court.
You can petition to become a guardian advocate if your child or loved one has a developmental disability that manifested when he or she was a minor. These disabilities include:
Although you do not have to prove incapacity when applying to become a guardian advocate, it is still a complicated process. First, you need to file the proper paperwork with the court. That includes the Petition to Appoint Guardian Advocate and documentation from the child’s doctor and educational institution.
After receiving the request, the court can appoint a guardian ad litem (GAL) to meet with your loved one and assess his or her needs. Then, the GAL will submit the findings to the court. Next, you will receive a hearing date for the judge to review the evidence and issue a ruling.
Having the right documentation and representation is vital during the process. Thus, contact our Miami guardian advocate attorney to assist you during the process.
A guardian advocate is not as restrictive as a standard guardianship. Instead of giving you full control over the person’s legal, financial, and medical decisions, the judge will customize the guardianship to allow the disabled individual to receive the necessary support while maintaining as much freedom as possible. For instance, the judge might allow the disabled individual to maintain control over medical decisions but give the guardian advocate authority over housing.
You will receive a list of your responsibilities if you are named a guardian advocate. Additionally, you will go over duties, such as filing reports with the court for the duration of the guardianship.
A Miami guardian advocate attorney can help you understand your responsibilities, including the annual filing requirement. Reach out to our firm today to learn more about what to expect if you take on this role. Then, our firm can help you prepare the documentation to file with the court.
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You must be of sound mind and at least 18 years of age to be appointed guardian advocate. Also, the court requires that you are either a Florida resident or if you are not a Florida resident, you must be related to the individual by blood, marriage, or adoption. If more than one person applies to serve as a guardian advocate, the judge will evaluate other factors, such as experience, education, and relationship, when appointing someone to serve. Whether you are the sole petitioner or are trying to make a case that you are the best person for the job, a Miami guardian advocate attorney from our firm can assist you. Reach out to schedule your consultation session with an attorney from our firm.
It is possible to meet the basic requirements for serving as a guardian advocate and still end up being found ineligible. For instance, if you have been convicted of a felony, you cannot act as a guardian advocate in Florida. Also, if the court has determined that you have abused, neglected, or abandoned a child, you will be deemed ineligible for this role. Finally, you cannot step in as a guardian advocate if you provide substantial business or professional services to the developmentally disabled person. Due to the complexities of the law, it is wise to consult with a Miami guardian advocate attorney before petitioning the court.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.