In Florida, a petition to appoint a Guardian Advocate for a person with a developmental disability can be filed when the disabled person is 17 years and 6 months old or older. The order of appointment is usually issued on the person’s 18th birthday.
A Guardian Advocate is often appointed when a person with a developmental disability turns 18 because the parent is no longer legally able to make decisions for them.
Dedicated Support for Guardianship Cases
Navigating guardianship proceedings can be complex and emotionally challenging. Our experienced guardianship advocacy paralegal services provide essential support to attorneys, families, and individuals seeking legal guardianship for minors, elderly individuals, or incapacitated adults.
How I Assist
Our guardianship advocacy paralegal services help streamline the guardianship process by offering:
Guardianship Petition Preparation: Assisting in drafting and filing guardianship petitions and supporting documents.
Court Filings & Compliance: Ensuring all legal documents meet state requirements and filing deadlines.
Legal Research & Case Support: Providing research on guardianship laws and assisting attorneys with case preparation.
Communication & Notices: Preparing required notices for interested parties and coordinating court-mandated communications.
Ongoing Guardianship Administration: Assisting with annual reports, accountings, and compliance requirements for guardians.
Why Choose My Services?
Experienced & Knowledgeable: We understand the complexities of guardianship laws and procedures.
Compassionate & Confidential: We handle each case with care, professionalism, and sensitivity.
Efficient & Cost-Effective: Receive expert paralegal support at a fraction of attorney fees.
Ensure a Smooth Guardianship Process
Whether you’re an attorney handling guardianship cases or an individual seeking guardianship for a loved one, we’re here to assist.
GUARDIAN ADVOCACY COSTS
Is attributable to intellectual disability, cerebral palsy, autism, spina bifida, Down syndrome, Phelan-McDermid syndrome, or Prader-Willi syndrome
Manifests before the age of 18
Constitutes a substantial handicap that can reasonably be expected to continue indefinitely
Anyone who is a Florida resident and is 18 years old and of sound mind can serve as a Guardian Advocate. A non-resident may also serve if they are related to the person with a developmental disability.
Paralegal Fees: Assisting the proposed guardian advocate beginning with drafting the pleadings through the Court hearing for an uncontested guardian advocate (proposed guardian advocate goes to Court “pro se”-on their own) Cost-$750.
Court filing fees: Court filing fees are set by each County, and the approximate filing fee is $275. If 18 or older, the Ward can complete an Application for Determination of Civil Indigent Status. Upon the Court approving the Application for Determination of Civil Indigent Status, the Court fees, may be paid by the State of Florida.
Required Background Check: Costs vary by the vendor and range from $75-$125 per guardian advocate.
Attorney/Elisor fees: (to pay for the attorney appointed by the court to represent the Ward) Attorney/Elisor appointed. In Florida, the fees for an attorney appointed by the court to represent a ward are considered “reasonable” and determined by the court based on factors like the time spent, the complexity of the case, the ward’s estate value, and the customary fees charged in the area, with the cost ultimately coming from the ward’s estate assets; there is no set standard fee amount. If 18 or older, the Ward can complete an Application for Determination of Civil Indigent Status. Upon the Court approving the Application for Determination of Civil Indigent Status, the attorney/elisor fees may be paid by the State of Florida.
Some things the Court uses in determining the Court-appointed ward attorney fees in Florida are:
Based on “reasonable” compensation:
The court will decide on a fair fee based on the specific circumstances of the case, not a fixed amount.
Factors considered by the court:
These include the time required, the difficulty of the legal issues, the ward’s financial situation, and customary fees in the circuit.
Paid from the ward’s estate:
Attorney fees are typically paid from the assets of the ward’s guardianship estate.
Petition to court for fees:
The attorney must petition the court to request their fees, which will be reviewed by the judge.
Required Guardianship Class (8 hours): · Costs vary by the vendor and range from $100-$150 per guardian advocate. Online classes are offered in most circuits. The Guardianship Class is required to be completed within 4 months from the appointment of the guardian advocate.
