Florida Guardian Advocacy Attorney Facilitates Care and Supervision
Sarasota estate attorney establishes guardian advocacy for incapacitated loved ones who lack capacity to manage all or some parts of their lives.
When we love people who cannot care for themselves, we need to find a solution that protects their health and welfare. A Florida guardianship attorney can help. By establishing a guardianship, you can exercise legal authority to the extent necessary to safeguard your loved one. Teresa K. Bowman P.A, CELA (Certified Elder Law Attorney) in Sarasota and Osprey provides legal services for clients looking to assume responsibility for family members. I can explain your options and, if a guardianship is appropriate, guide you through the required legal proceedings.
Why guardian advocacy may be necessary
When a child who requires special needs care reaches adulthood, parents can no longer act for that child so they need to petition the court to act as guardian advocates for that child. Florida statute 393.12 allows parents to petition to be named a guardian advocate if their child has a developmental disability such as downs syndrome, autism, cerebral palsy, spina bifida or other intellectual disability that manifested before the age of 18 and creates a substantial handicap that can be expected to continue indefinitely.
How to become a guardian advocate in Florida
Guardianship is a court-appointed status, so you must petition the court and provide necessary information about yourself, your relationship to the person, and prove your ability to take on the responsibilities necessary. The court will appoint an attorney to oversee the rights of the child and the judge will request a brief hearing to review the documents and sign an order appointing parents or other family members as guardian advocate.
Types of guardian advocacy available to Florida residents
A knowledgeable attorney can help you pursue the best available solution.
Alternatives to guardian advocacy in Florida
A guardianship might not be the best way to protect your loved one. Depending on the circumstances, you could try alternative arrangements, such as:
- Power of attorney — This is a voluntary transfer of authority from a principal to a responsible adult who acts as their agent. Powers of attorney can cover finances, healthcare, long-term care decision making and other matters.
- Advance directive — In healthcare matters, a person can make their wishes known by executing a living will. Someone can also appoint a healthcare surrogate (proxy) to render decisions about treatments.
- Representative payee — A person who is receiving Social Security benefits but is unable to manage their finances can receive assistance. The Social Security Administration can designate a representative payee to receive and disperse the benefits appropriately.
These measures do not require court approval, so they are far easier to implement.
Contact a compassionate Sarasota attorney to discuss a guardian advocacy
Teresa K. Bowman P.A., CELA in Sarasota and Osprey helps clients establish guardianships to care for loved ones. To schedule a consultation, call 941-735-0811 or contact me online.
