Florida law permits the appointment of a guardian advocate where the person to be protected has an intellectual disability(formerly referred to as a developmental disability). Guardian advocacy is considered a less intrusive form of guardianship because it does not require an adjudication of full or partial incapacity. Accordingly, it is not necessary to appoint an examining committee to examine the person to be protected and to render their opinions to the court regarding capacity or lack thereof. It also requires that the person to be protected retains at least some of the rights that would otherwise be taken away in a guardianship based on incapacity. For example, retaining the right to vote, or to seek employment, or to make decisions regarding their social life.

The most common client seeking appointment of a guardian advocate is the parent or parents of a person born with an intellectual disability, such as autism, that renders them incapable of caring for themselves as adults. Parents are the natural and legal guardians of their children during their childhood. However, when the child turns 18 the parents are no longer the child’s guardian, necessitating appointment of a guardian.

We recently encountered a client with a 14 year old with an intellectual disability who could not access their child’s medical records due to privacy regulations. Neither the medical providers nor the insurance companies were at liberty to provide the client with access to the child’s information without the child’s consent, and the child was unable to give informed consent due to their intellectual disability.

Fortunately Florida law allows for appointment of a guardian advocate for a person under the age of 18 under these or similar circumstances. We got the parent appointed as guardian advocate and the parent was then able to access the child’s records and move forward as the child’s advocate The client was no longer limited by the child’s impending 18th birthday either.

If you have or are caretaker to a child with a intellectual disability it is important to be aware of your limitations as a parent or caretaker once the child turns 18, and on occasion even before then.

If you find yourself in potential need of establishing a guardian advocate or have questions about how we may assist you with a guardian advocate case, please call us to discuss your situation and hire us to serve as your attorney.