West Palm Beach Guardian Advocacy Attorney
Planning for the future care and well-being of a family member with special needs while also promoting their independence can be a challenge to figure out. One solution that provides an effective balance between protection and autonomy is guardian advocacy, a less restrictive alternative to full guardianship.
At Kitroser Lewis & Mighdoll, we understand the unique needs of families with developmentally disabled children or loved ones. Our attorneys can help you understand whether this alternative to guardianship makes sense in your particular situation. If so, we can guide you and represent you through the legal process with skill and compassion.
What Is Guardian Advocacy?
Guardian advocacy is a legal process in Florida designed to help individuals with developmental disabilities. Unlike full guardianship, which can take away most decision-making rights from the individual, guardian advocacy allows for more independence. It is tailored to address the specific areas where the developmentally disabled person may need assistance, such as managing finances, healthcare decisions, or personal care, while preserving their rights in other aspects of life.
This form of advocacy is particularly beneficial for families with special needs children who may reach adulthood but still require support in certain aspects of daily living. Guardian advocacy ensures that the individual retains as much independence as possible, aligning with Florida’s commitment to the least restrictive means of protection for individuals with disabilities.
Who Qualifies for Guardian Advocacy in Florida?
Guardian advocacy is available for individuals who have been diagnosed with a developmental disability that manifests before the age of 18. Conditions that typically qualify include:
- Autism
- Cerebral palsy
- Spina bifida
- Prader-Willi syndrome
- Intellectual disabilities
The person seeking to be appointed as a guardian advocate must demonstrate a genuine interest in the well-being of the individual and the ability to make decisions in their best interest. Often, parents or close family members take on this role.
How Does Guardian Advocacy Differ from Guardianship?
In Florida, full guardianship is often considered the last resort when it comes to protecting the rights and safety of a developmentally disabled individual. Full guardianship can strip the individual of most personal and legal decision-making power. In contrast, guardian advocacy is designed to provide the necessary support while still preserving certain freedoms and rights.
Key differences include:
- Scope of Authority: Guardian advocates have limited decision-making authority, focusing only on the areas where the individual is unable to make sound decisions. For instance, a guardian advocate might help with medical care decisions but leave other daily choices to the individual.
- Court Oversight: Guardian advocacy is subject to less court oversight than full guardianship, making it easier for families to navigate the process without excessive administrative burdens.
- Retention of Rights: The developmentally disabled individual retains many of their rights, promoting independence and self-determination where possible.
The Guardian Advocacy Process
The process for establishing a guardian advocate is more streamlined and less burdensome than full guardianship. It typically begins with filing a petition with the local court in Martin and Palm Beach County. The court will review medical records and other documentation to confirm the individual’s disability and determine the areas where support is needed.
If approved, the court will appoint a guardian advocate who has demonstrated the ability and commitment to act in the best interest of the individual. Unlike full guardianship, there is no need for a formal finding of incapacity, simplifying the process.
Benefits of Guardian Advocacy
Choosing guardian advocacy over full guardianship provides several benefits for families. For one, guardian advocacy encourages independence. The developmentally disabled individual retains more control over their life, allowing them to exercise self-determination in the areas where they are capable. Guardian advocacy is also less intrusive than guardianship. Guardian advocacy imposes fewer restrictions, aligning with Florida’s principle of providing the least restrictive form of assistance.
The process of becoming a guardian advocate is more straightforward and involves fewer legal hurdles, making it more accessible for families who need help but want to avoid the complications of full guardianship. It is also more cost-effective generally. Guardian advocacy often involves fewer legal fees and court costs than pursuing full guardianship, providing a more affordable solution for families.
At Kitroser Lewis & Mighdoll, we have extensive experience helping families through the process of establishing guardian advocacy in Martin and Palm Beach County. We understand that the needs of developmentally disabled individuals vary, and our goal is to create tailored solutions that provide both protection and autonomy. Our attorneys can assist you through every step of the process, from petitioning the court to ensuring your loved one receives the appropriate level of care and support.
If you’re exploring options for a loved one with a developmental disability, call our office today at 561-721-0600 or email us to discuss whether guardian advocacy is the right solution for your family. We are here to provide compassionate, knowledgeable guidance as you plan for the future.