When a child with a developmental disability turns 18, they legally become an adult—even if they’re not capable of managing their own medical, financial, or personal affairs. For many families, this creates stress and uncertainty. How do you protect your child without completely stripping away their rights? Is guardianship the only option?

In Florida, there is another solution: Guardian Advocacy. It’s a streamlined legal process that allows a parent, family member, or caregiver to continue supporting and making decisions for an adult with a developmental disability—without going through the full incapacity hearing required for traditional guardianship.

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What Is Guardian Advocacy?

Guardian Advocacy is a legal process under Florida Statute §393.12 that allows the court to appoint someone to act on behalf of an adult with a developmental disability who lacks the ability to make some or all of their own decisions.

Unlike guardianship, Guardian Advocacy does not require a formal determination of incapacity by a court-appointed examining committee. It’s typically quicker, less expensive, and designed specifically for individuals who have a qualifying developmental condition.

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Who Qualifies for a Guardian Advocate?

To qualify for Guardian Advocacy in Florida, the individual must:

✅ Be at least 18 years old (or approaching age 18)
✅ Have a developmental disability that occurred before age 18, including:

• Intellectual disability
  
• Cerebral palsy
  
• Autism
  
• Spina bifida
  
• Prader-Willi syndrome
  
• Down syndrome
  
• Phelan-McDermid syndrome
  

✅ Be unable to make decisions in some or all areas of life (e.g., medical care, finances, housing, education)

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What Powers Can a Guardian Advocate Be Granted?

Guardian Advocates may be appointed over:

• The Person (decisions about health care, education, housing, daily needs)
  
• The Property (if the person has income, assets, or benefits that need to be managed)
  

The court can tailor the powers based on the individual’s abilities. In many cases, the adult retains some rights and decision-making capacity, and the Guardian Advocate steps in only where needed.

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What Is the Process for Becoming a Guardian Advocate?

1. File a Petition
   The petitioner (usually a parent or caregiver) files:
   
   • Petition for Appointment of Guardian Advocate
     
   • Application for Guardian Advocate
     
   • Oath and Designation of Resident Agent
     
   • Proposed Order and Letters of Guardian Advocacy
     
2. Provide Supporting Documentation
   This may include medical records, a psychological evaluation, or an Individual Education Plan (IEP) to demonstrate the developmental disability and need for assistance.
   
3. Court Hearing
   The judge will review the petition and supporting documents. If everything is in order, the court will appoint the Guardian Advocate—often without the need for expert testimony or adversarial proceedings.
   
4. Training and Reporting
   Guardian Advocates must complete a training course and file an Initial Plan (and sometimes annual reports, depending on court requirements).
   

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Why Choose Guardian Advocacy Over Guardianship?

• ✅ Faster and less expensive than full guardianship
  
• ✅ Preserves rights where possible—individuals may retain the ability to vote, marry, or make personal decisions
  
• ✅ Specifically tailored for developmental disabilities
  
• ✅ Empowers families to continue care and decision-making after age 18 without unnecessary legal burdens
  

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Common Misunderstandings About Guardian Advocacy

• You don’t need a lawyer – While not required, legal guidance is highly recommended to avoid errors and delays.
  
• It doesn’t remove all rights – The court decides which rights to retain and which are transferred.
  
• You can petition before age 18 – You may begin the process in the months before the individual’s 18th birthday so that advocacy is in place when they legally become an adult.
  

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How We Can Help

At Calley Law, we work closely with families to navigate the Guardian Advocacy process with care and clarity. Whether you’re a parent preparing for your child’s transition to adulthood or a caregiver stepping in to support someone you love, we’ll walk with you every step of the way—ensuring your loved one is protected without unnecessary court involvement.

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✅ Want to Learn More?

Contact us today for a consultation and find out whether Guardian Advocacy is the right step for your family.