Guardian Advocacy for Persons with Developmental Disabilities
(Chapter 393.12, F. S.)
The age of majority in Florida is 18. Florida's Chapter 393 within the statutes is considered Florida's "developmental disabilities statute" and not only defines who is eligible for state funded services targeting persons with developmental disabilities, but also people for whom guardian advocacy can be used as a decision making option.
The following general information is provided for your consideration with links to more detailed information. We hope this is helpful to you.
Chapter 393.12 addresses the process to follow to be appointed a guardian advocate for a person with developmental disabilities. Generally the difference between guardian advocacy and guardianship in Florida, is the process to gain the authority. For guardian advocacy under 393.12, F.S., the process does not include an adjudication of incapacity. However, the duties and responsibilities are identical for guardian advocates under this chapter and guardians appointed under Chapter 744.361 - .462.
Florida law requires that annually consideration must be given to the restoration of rights to the person under guardian advocacy. This process is also addressed in Chapter 393.12, Florida Statutes.
There are several good resources that compare these two guardianship alternatives, and we would recommend you review them for additional information. The Florida Developmental Disabilities Council has produces several resources that you should review:
Both of these documents may be ordered from the Florida Developmental Disabilities Council and will be sent to you for free by calling Toll Free: 800-580-7801 or clicking on the link. http://www.fddc.org
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