The law allows you to apply for guardianship 6 months before your child turns 18. However, depending on the circumstances, parents should wait until their child turns 18 to file.
At Aguila Law, we understand the importance of providing comprehensive legal support to those most in need. Guardianship advocacy is one of our foremost practice areas where we are dedicated to assisting families in safeguarding their loved one’s with developmental and intellectual disabilities.
Understanding Guardianship Advocacy
Guardianship advocacy refers to a less restrictive form of guardianship where the Court appoints a guardian advocate for an individual with a developmental or intellectual disability if the person lacks the decision-making ability to do some, but not all, of the decision-making tasks necessary to care for his or her person or property.
The Role of a Guardian Advocate
A guardian advocate is a person who is appointed by the court to represent and protect the rights and interests of an individual with a developmental or intellectual disability. The guardian advocate’s responsibilities can range from making personal, financial, and healthcare decisions for the individual such as ensuring that their living conditions are safe and conducive to their well-being. At Aguila Law, we assist in fulfilling these responsibilities, providing advice and support throughout the process.
Qualifications for Guardianship Advocacy
Individuals that have a developmental disability that is attributable to:
- Intellectual disability
- Down syndrome
- Cerebral Palsy
- Prader-Willi syndrome
- Spina Bifida
- Phelan-McDermid syndrome
that manifest before the age of 18 and constitutes a substantial handicap that can reasonably be expected to continue indefinitely.
Legal Rights Kept by the Individual
An individual with a developmental or intellectual disability retains all of their legal rights except those that have been granted to the guardian advocate by the Court. The Court is encouraged to use the least restrictive guardianship so that the individual can retain as many rights as possible. Our professionals will work with your family in order to assist in making the right decisions for your individual needs.
Exploring Alternatives to Guardianship
While guardianship can be a helpful tool in certain situations, it may not always be the best fit for everyone. In some cases, less restrictive alternatives, like powers of attorney or advanced directives regarding healthcare, may better serve the individual’s needs. Our team at Aguila Law will assess each individual’s unique circumstances and guide you towards the most suitable alternative if necessary.
At Aguila Law, our team is committed to ensuring the welfare and rights of those under guardianship are protected and their voices heard. We take pride in providing compassionate guidance every step of the way, making the complex process of guardianship advocacy easier to navigate.
Secure the future of your loved ones today. Reach out to us at (305) 967-8554 to learn more about our guardianship advocacy services.
Questions About Guardianship Advocacy? Contact Us Today.