When a person who has been diagnosed with the diagnosis of mental retardation, cerebral palsy, autism, spina bifida, Prader-Willi, Down or Phelan-McDermid syndromes prior to the age of 18, there is a special statute allowing for the appointment of a Miami Guardian Advocate for Miami residents to protect them once they turn 18.
Florida Statute §§393.12 provides a way for family members, caregivers, or friends of individuals with a developmental disability to obtain the legal authority to act on their behalf.
Most developmentally disabled teenagers who are approaching the age of 18 are in public or private school. Unfortunately, the schools are not able to provide the guidance and information needed when their student is entering the world of adulthood. If you have a child turning 18 in Miami who may need a Miami Guardian Advocate, call a Florida guardianship advocate attorney at the Law Offices of Jason Turchin today at (305) 407-1760 for a free consultation.
In a Florida Guardian Advocacy, the young adult has had a diagnosis of mental retardation, cerebral palsy, autism, spina bifida, Prader-Willi, Down or Phelan-McDermid syndromes prior the age of 18. They may need some assistance with decision making. The court focuses on the decision making ability of the adult rather than determining what they are not able to do. The court does not go through the process of determining a person is incapacitated, rather they look to the physician reports and educational reports that were created prior to the age of 18. As in any of the other cities in Florida, a Miami Guardian Advocacy in Florida is subject to court supervision.
A court appointed attorney will generally be assigned by the Miami-Dade County Court to represent the Developmentally Disabled person in the process. This is to ensure the due process rights of the person are protected. The Miami court appointed attorney will typically meet with the family and the developmentally disabled person and submit a report to the court. A hearing will be held before either a Miami judge or general magistrate to determine if a Miami guardian advocate should be appointed and if the needs of the developmentally disabled person will be met. A Florida Guardian Advocate attorney is recommended for the party seeking to establish the Guardian Advocacy as this is a court process and certain procedures have to be followed. A Miami attorney is not required by Statute, however, this is an ongoing process and annual reports and filing requirements must be complied with.
If you or your loved one is unable to come to us, we can come to you in Miami! Our mobile technology allows us to handle many services while making home visits or hospital or nursing home visits. We can help assess whether a Miami Guardian Advocacy is possible and the best solution for your loved one.
Our Miami guardian advocacy lawyers are available throughout Florida, including Miami, Fort Lauderdale, South Beach, Miami Gardens, Kendall, Weston, Tamarac, Bonaventure, Boca Raton, Davie and surrounding areas. We are also available for consultation at nights, weekends, and holidays. Call us at (305) 407-1760 or submit your information through our contact form.