What Exactly is a Guardian Advocate for the Developmentally Disabled?
A guardian advocate is a special form of guardianship that is only available to mentally incapacitated persons deemed developmentally disabled. The legal authority to create this special type of relationship and representation is found in the Developmental Disabilities Act, Chapter 393.12 of the Florida Statutes. This option is generally less expensive, less intrusive and easier to implement. It is similar to limited guardianship in its effect, and in the fact that often times, it is not necessary to remove a person’s rights, even though they are incapable of exercising them without assistance. Unlike traditional guardianship where some if not all rights, responsibilities and ability to make legal decisions are given over to the guardian completely, a guardian advocate for a developmentally disabled person is encouraged to help their client be an active participant where they are competent to help. The goal is to help preserve as much self-esteem and dignity as possible by allowing the
Related Questions
- What is the role of the Office of the Child Advocate as a guardian ad litem for children voluntarily placed in the care of DCYF for behavioral health needs?
- Can a developmentally disabled person who has no guardian execute a valid living will / advance medical directive / health care power of attorney?
- Can technical writing help developmentally disabled students appreciate and develop text-based coping skills that support independent living?
