Published on April 19, 2023.
Autism is a developmental disorder that affects communication, social interaction, and behavior. According to the Centers for Disease Control and Prevention (CDC), about 1 in 36 children in the United States is diagnosed with autism spectrum disorder (ASD), with boys being four times more likely to be diagnosed than girls. For autistic individuals who are 18 or older and may need assistance with decision-making and daily living activities, guardianship may be necessary.
In Florida, guardianship is a legal process that grants a person or entity the legal authority to make decisions on behalf of someone who is incapacitated. An incapacitated person is defined as someone who has been determined by a court to lack the capacity to manage their own affairs. Guardianship for autistic individuals is a complex issue, and the court process for establishing guardianship can be overwhelming. In this blog post, we will outline the guardianship court process in Florida and provide some relevant statistics.
Guardianship Court Process in Florida
The process for establishing guardianship in Florida involves several steps under two main court processes - CAPACITY DETEMINATION and APPOINTMENT OF GUARDIAN.
APPOINTMENT OF GUARDIAN
Autism in the Courts
According to the Office of the State Courts Administrator, increasingly, Floridians seek help from the State Courts System when they or loved ones need their interests protected. Guardianship cases for adults have increased steadily, with more than 7,300 cases to establish guardianship filed in the 2017-18 fiscal year, a 13 percent increase from five years previous. It is estimated that nearly 50,000 Floridians with developmental disabilities are under guardianship. Each year thousands of guardianship cases are filed in Florida, with a sizeable number of those cases involving adults who are developmentally disabled. This highlights the need for understanding and awareness of guardianship for autistic individuals.
Guardianship for autistic individuals is a complex issue, and the court process for establishing guardianship can be overwhelming. However, guardianship can provide the necessary legal authority to make decisions on behalf of individuals who may need assistance with decision-making and daily living activities. If you are considering guardianship for an autistic loved one, it is important to consult with an experienced attorney to guide you through the process.
Our team has the knowledge and personal experience that you need to work through this process! Contact our office today at 888-959-8264 or BOOK ONLINE to schedule a consultation regarding your guardianship matter.
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Disclaimer: The information provided on this page is for informational purposes only and does not create an Attorney-Client relationship.undefined