Even though your child is developmentally disabled, when they turn 18 years old they are considered a legal adult. In order for you to legally manage financial and medical decisions for your child you would likely need to be appointed by the Court to be a Guardian Advocate. Florida has initiated a less invasive process for those that meet the requirements of developmentally disabled pursuant to F.S. Chapter 393.12 governs the appointment of a Guardian Advocate.
If an individual is living in an unsafe environment and/or is vulnerable to exploitation, the court may appoint an emergency temporary guardian before the capacity of that person has been ruled on. Reach out to an elder law attorney for assistance as quickly as possible.
There are several major steps: Filing of initial petitions to ask the court to appoint a guardian of person and property and to determine if the person is incapacitated, the court then moves to appoint an attorney to represent the individual and a three person examining committee to determine the individual’s capacity, the examining committee members independently evaluate the individual and file their respective report and recommendations with the court and a hearing is held for the court to rule on the petitions.
Please review the Guardianship Law Practice page on this website as there are several types of guardianship and not all are for guardian of person and property.
When someone is opposed to the appointment of the proposed guardian this is referred to as a contested guardianship. You would need to seek an elder law attorney to represent you in the guardianship and file a counter petition. If you do not file a counter petition the Court will not consider you as a guardian option for your loved one.
