Guardian Advocate Lawyer in Miami, Florida
When a person with developmental or intellectual disabilities turns 18, their families often face heart-wrenching questions, such as how can they continue to protect and support them while respecting their independence?
Daily choices can become confusing or overwhelming, and decisions about housing, health care, or finances can loom large. At Denise Jomarron Legal Group, we understand the stress, the uncertainty, and the fear that come with caring for someone you love when the legal system may feel foreign and unwelcoming.
Located in Miami, Florida, we strive to help families throughout Miami‑Dade County find solutions that balance dignity, protection, and flexibility for their loved ones. Reach out to us today to talk about your situation and what it means to be a guardian advocate.
What Is a Guardian Advocate?
A guardian advocate is a role created to help individuals whose disabilities manifested before age 18 and who, when they reach adulthood, may still need help in specific areas of decision-making. Unlike full guardianship, a guardian advocate can have specific, limited powers to allow the disabled individual to retain as many of their rights as possible. A guardian advocate may be appointed to assist with any of the following:
Medical and health care decisions
Residential and living arrangement decisions
Educational and vocational planning
Social and recreational choices
Management of certain assets or funds
Since a guardian advocate's power is limited to what's necessary, the appointment is less intrusive and can better match the individual's real needs. The court often views this as a “less restrictive” option that supports autonomy while ensuring safety.
If you believe your adult child or loved one could benefit from a guardian advocate arrangement, our attorney at Denise Jomarron Legal Group can guide you through whether it’s appropriate, help you file the correct documents, and represent you in hearings in court.
Looking to Set Up a Guardianship Advocate?
Eligibility and Requirements for Guardian Advocates in Florida
To assume the role of a guardian advocate, the proposed guardian and the disabled person must meet certain conditions under Florida statutes and court rules. While these general requirements can vary by county or judge, they typically include the following.
Disability must have manifested before age 18: The condition must have begun during the person’s minority (i.e., developmental, intellectual, or other disabilities).
No need to prove total incapacity: Unlike full guardianship, you don’t have to show that the person is totally incapacitated in all respects. You only need to show that some assistance is required in certain areas.
Proposed advocate must be qualified: Typically, the guardian advocate must be at least 18, of sound mind, and a Florida resident (or qualified under specific family-relationship rules if out-of-state).
Court‑appointed counsel and guardian ad litem (GAL): The disabled individual must have their own attorney, and the court may appoint a GAL to review the request and make recommendations.
Hearing and judicial oversight: After pleadings and discovery, the court will schedule a hearing. The judge will review the available evidence and issue an order specifying what guardian provisions are granted.
Required filings and training: The guardian advocate will have to submit annual or periodic reports, may be required to attend training, and will have to adhere to court-mandated oversight.
Since these rules vary slightly by county and circuit, it’s important to work with an experienced guardianship attorney who is familiar with Miami‑Dade County procedures. We'll help you check local court requirements, coordinate necessary evaluations, and present your case carefully.
Benefits of Guardian Advocacy
Guardian advocacy can offer significant advantages over full guardianship. However, it's not a one-size-fits-all solution. Therefore, it’s important to be aware of both the benefits and the boundaries to make an informed decision. Some potential benefits include:
Retained rights: The individual requiring assistance retains control over any decisions not explicitly granted to the advocate.
Less intrusion: The system provides flexibility, and the court issues only necessary orders.
Respect for dignity: The individual needing help maintains more independence.
Ongoing oversight: The courts monitor the arrangement to prevent misuse.
Better suited for many young adults: Guardian advocates are particularly helpful for those who can manage some decisions but struggle with others (e.g., finances, housing).
While guardian advocates offer considerable benefits, they may not be suitable for every situation. At Denise Jomarron Legal Group, we can help you weigh the pros and cons, draft pleadings to request exactly what your family needs, and monitor the arrangement to make sure you remain compliant with court orders.
Common Situations Where We Help
Many families face challenging situations when considering care for their loved ones. Whether it involves coming of age, health changes, or difficulties making decisions, our attorney offers compassionate and tailored guidance. Some common situations where we can help include:
A young adult with autism, intellectual disability, or developmental delays who is turning 18 and needs legal authority to help manage finances or housing.
A person who can still make certain decisions (e.g., daily routines) but requires help with medical or investment decisions.
A family wanting a flexible arrangement rather than full guardianship.
A situation where medical, educational, or therapeutic providers require legal authority to comply with planning.
Cases where the person has some capacity and wishes to contest or limit authority.
If your situation falls in or near these categories, our firm is equipped to help you assess what fits best and move forward with the least restrictive, most prudent plan.
How Our Firm Can Help
Caring for someone with special needs involves a blend of empathy and legal strategy. Our work involves more than filings and court appearances. We strive to stand by you and your loved ones, providing the support you need. Some of the ways our firm can help include:
Initial assessment and planning: We can review your family’s situation, medical records, and needs to propose the right level of advocacy.
Document preparation and filing: We can help prepare petitions, affidavits, supporting medical or educational documentation, and other court pleadings.
Court representation: We can present your case at hearings, help prepare witnesses or experts, and argue for the minimal necessary authority.
Ongoing compliance: Once appointed, a guardian advocate must submit reports and may need to complete training or classes. We can assist with submitting the required reports, checklists, and court forms.
Modifications or termination: If circumstances change, you may need to broaden, narrow, or end the role. We can file modifications or petitions to terminate at the appropriate time.
We aim to make the process as thoughtful and responsive as possible. You’re not alone. We’ll help you with each step, explaining decisions and advocating for the best result.
Guardian Advocate Lawyer Serving Miami, Florida
Providing care to a loved one with a disability or impairment is challenging. However, Florida law offers provisions through guardianship and guardian advocacy to make sure your loved ones have the support they need.
At Denise Jomarron Legal Group, our experienced guardianship attorney is committed to guiding you through each step, from petition drafting to court hearings to post‑appointment obligations. Located in Miami, Florida, we serve families throughout Miami‑Dade County. Reach out to us to schedule a consultation today.