Guardianship and Guardian Advocacy Process

Guardianship Process

After an initial consultation, the proposed guardian will complete a Questionnaire and an Application to Serve as Guardian.  Hoyt & Bryan and the proposed guardian will sign an Engagement Agreement.  To cover costs and court filing fees, we request a $500 deposit.

Guardian of the person is for the purpose of making decisions related to the day-to-day care of the disabled person.  This includes decisions regarding the individual’s residence, education, social environment and for health care decisions, to name a few.  Guardian of the property is for the purpose of managing any assets belonging to the disabled person.  If there is no property, the court will not grant authority over property and the Guardianship will be for the person only.

Once received, we will prepare for the proposed guardian’s signature the following documents:

–     Petition for Appointment of Guardian

  • Oath of Guardian, Designation of Agent
  • Petition to Waive Education Requirement (depending on county)
  • Petition to Waive Background Check and Fingerprinting Requirement (depending on county)

Once the signed documents are received from the proposed guardian, we will file them at the courthouse along with the proposed and necessary Orders.   The Court will then approve or appoint the court-appointed attorney.  Most counties will require a hearing before the court.  We will coordinate a hearing date with all parties.  All parties will attend the hearing.  The Judge will issue an Order Appointing Guardian, Letters of Guardianship and will also decide on any other pending petitions or matters.

If not waived by the Judge, guardians may be required to attend an education course, complete a fingerprint card and undergo a background check.

Within 60 days of appointment, guardians must file an Initial Plan and if necessary, a Verified Inventory.  After review, the Court will issue an approving (or disapproving) Order.  We will assist with this reporting process.

Annually, guardians will be required to file an Annual Plan and if necessary, an Annual Accounting.   We will assist with preparing and filing the annual reports for a minimum fee of $150.00 each year.  Review and assistance with Annual Accountings will be charged pursuant to our hourly rates.

The guardianship will continue for as long as needed.

Guardian Advocacy Process

After an initial consultation, the proposed guardian advocate will complete a Questionnaire and an Application to Serve as Guardian Advocate.  Hoyt & Bryan and the proposed guardian advocate will sign an Engagement Agreement.  To cover costs and court filing fees, we request a $500.00 deposit. The legal fee for Guardian Advocate process is $2,000.00.

Guardian advocate of the person is for the purpose of making decisions related to the day-to-day care of the developmentally disabled person.  This includes decisions regarding the individual’s residence, education, social environment and for health care decisions, to name a few.  Guardian advocate of the property is for the purpose of managing any assets belonging to the developmentally disabled person.  If there is no property, the court will not grant authority over property and the guardian advocacy will be for the person only.

Once received, we will prepare for the proposed guardian’s signature the following documents:

–     Petition for Appointment of Guardian Advocate

  • Oath of Guardian, Designation of Agent
  • Petition to Waive Education Requirement (depending on county)
  • Petition to Waive Background Check and Fingerprinting Requirement (depending on county)

In some counties (Orange), Hoyt & Bryan and the proposed guardian advocate will need to identify an attorney who will serve as the court-appointed attorney for the developmentally disabled person.  Seminole County and Volusia County will appoint the attorney and provide us with their name, address and phone number.  (The function of the court-appointed attorney is to meet with the family and the developmentally disabled person and report to the court on whether or not they recommend the guardian advocacy. They will bill you separately for their time.)

Once the signed documents are received from the proposed guardian advocate, we will file them at the courthouse along with the proposed and necessary Orders.   The Court will then approve or appoint the court-appointed attorney.  Most counties will require a hearing before the court.  We will coordinate a hearing date with all parties.  The court-appointed attorney will meet with the family prior to the hearing date.  All parties will attend the hearing.  The Judge will issue an Order Appointing Guardian Advocate, Letters of Guardianship and will also decide on any other pending petitions or matters.

If not waived by the Judge, guardians may be required to attend an education course, complete a fingerprint card and undergo a background check. Orange County requires all Guardians to undergo the Fingerprinting, Background Check, and Education Requirement.

Within 60 days of appointment, guardians must file an Initial Plan and if necessary, a Verified Inventory.  After review, the Court will issue an approving (or disapproving) Order.  We will assist with this reporting process.

Annually, guardians will be required to file an Annual Plan and if necessary, an Annual Accounting.   We can assist with preparing and filing the annual reports for a minimum fee of $350.00 each year. Assistance with the Annual Accounting will be billed at our hourly rates.

The guardianship will continue for the child’s lifetime.