Guardian Advocacy: Who is Developmentally Disabled?
Updated: Oct 6, 2020
A person must be “developmentally disabled” to qualify for Florida’s Guardian Advocacy proceeding. Florida’s Guardian Advocacy proceeding is a streamlined guardianship process in Florida that allows a court to appoint a guardian advocate or co-guardian advocates for a person 17 1/2 years old or older with developmental disabilities without having to declare the person “incapacitated.” Instead, the focus is on the person's "decision-making ability."
Florida law defines who has a “developmentally disability” for purposes of a Guardian Advocacy proceeding.
Under Florida Statute §393.063(12), a developmental disability means a disorder or syndrome that is attributable to:
a) An Intellectual Disability (IQ less than 70);
b) Cerebral Palsy;
d) Spina Bifida;
e) Downs Syndrome;
f) Phelan-McDermid syndrome; or
g) Prader-Willi syndrome.
The disability must manifest before the age of 18 and must constitute a substantial handicap that can reasonably be expected to continue indefinitely.
To learn more about Guardian Advocacy, CLICK to download our free GUARDIAN ADVOCACY REPORT: How to Support Your Special Needs Child Without Losing the Right to Make Medical, Educational, Financial, or Legal Decisions.
If you have questions about Guardian Advocacy, give me a call at (850) 741-2999 or email me at firstname.lastname@example.org.
Lauren A. Merritt, P.A.
111 S. De Villiers Street, Ste. B
Pensacola, FL 32502