Petitioning for a Guardian Advocate in Florida: Steps, Costs and Timeline

When your autistic child turns 18, Florida law treats them as an adult. You no longer have automatic authority to sign medical consents, see school or health records, or manage benefits for them. For young adults who can make some decisions but need help with others, Florida offers a court process called guardian advocacy, set out in section 393.12, Florida Statutes. This guide walks through the petition from start to finish: who can file, what the petition must say, what to attach, what happens at the hearing, what it costs, and what you must do after you are appointed.

This is general information, not legal advice. Every circuit court runs its own forms and procedures, and a Florida attorney who handles guardian advocacy can tell you how the law applies to your family.

What is a guardian advocate, and is it right for my young adult?

At 18 the "disability of nonage" is removed (s. 743.07), and parents are natural guardians only of minor children (s. 744.301). Under s. 393.12(2), a circuit court may appoint a guardian advocate for a person with a developmental disability without an adjudication of incapacity when the person lacks the ability to make some, but not all, of the decisions needed for their care, or when the person voluntarily petitions. Autism is one of the conditions in Florida's definition of developmental disability (s. 393.063).

The court must consider what your young adult can do "with appropriate assistance" and may give the guardian advocate only the decisions they cannot make. Your young adult keeps every legal right that is not specifically granted to the guardian advocate (s. 393.12(9)). That makes it less restrictive than a plenary guardianship under chapter 744. For a side-by-side look, see guardianship vs guardian advocate, and for the basics, our overview of guardian advocacy.

Check the alternatives first

The court will ask whether something less formal already meets your young adult's needs. Under s. 393.12(7), if a valid advance directive or durable power of attorney sufficiently meets their needs, a guardian advocate may not be appointed. The petition itself must describe any alternatives tried, and whether your young adult uses supported decision-making and why it is not enough. Options to discuss with an attorney include:

• a supported decision-making agreement under s. 709.2209, which lets a trusted person receive records and help communicate, without making binding decisions;
• a health care surrogate designation under s. 765.202, signed with two adult witnesses;
• a durable power of attorney under chapter 709, which must spell out specific powers; and
• a representative payee for Social Security or SSI benefits.

Our guide to health care surrogates and powers of attorney compares these.

Who can file the petition, and do I need a lawyer?

Any adult who lives in Florida may file a verified (sworn) petition (s. 393.12(3)). The person filing, the "petitioner", does not have to be the person who will serve as guardian advocate.

The proposed guardian advocate does not need an attorney unless the court requires one, or unless the guardian advocate will receive property rights beyond serving as representative payee for government benefits or receiving periodic support payments (s. 393.12(2)(b)). If your young adult has a settlement, an inheritance or other property, expect to need a lawyer, and the court may decide a chapter 744 guardianship fits better.

Separately, the court must appoint an attorney for your young adult within 3 days after the petition is filed (s. 393.12(5)). That attorney represents your son or daughter, not you, and cannot also serve as your attorney or as guardian advocate. Your young adult may choose a private attorney instead.

What does the petition have to include?

Section 393.12(3)(a) lists the required contents. Use it as a checklist when you fill in your circuit's form:

Be specific and honest about strengths as well as needs. A petition that asks for every possible right when your young adult manages some areas well is harder to support, and the statute favors delegating only what is needed.

What should I attach, and what documents help?

At the hearing the court must consider relevant reports, including the person's current individual family or support plan, the individual education plan (IEP) and other professional reports (s. 393.12(6)). Courts commonly ask petitioners to attach them. The Fifth Judicial Circuit's published guide, for example, tells petitioners to attach medical records, school records, the individual support plan, the IEP and other professional reports. Start a folder with:

• the most recent IEP and transition plan, and recent school evaluations;
• the autism diagnosis and recent medical or psychological evaluations;
• any APD support plan, if your young adult receives APD services;
• therapy reports, such as a current ABA treatment plan or progress summary, speech or mental health reports, which show what your young adult can do and where they need support (see how to read an ABA progress report);
• copies of any advance directive, health care surrogate form, power of attorney or supported decision-making agreement; and
• names and addresses of next of kin, because they must receive notice.

Step by step: from petition to letters

1. Get your circuit's forms. Guardian advocacy is filed in the circuit court (usually the probate or guardianship division) in the county where your young adult lives, under the Florida Probate Rules. Forms and packets differ by circuit, and some clerks do not supply them. Ask the clerk's probate or guardianship division, or check your circuit court's website, for the guardian advocate packet and filing instructions.
2. Complete the screening paperwork. Section 744.3135 requires guardians seeking appointment to undergo a credit history investigation and Level 2 background screening at their own expense, and lets the court waive either. The Fifth Circuit's guide, for example, says proposed guardian advocates must complete them before appointment. Your clerk can explain the local fingerprinting process.
3. File the petition and pay the fee (or apply for indigent status). See the cost section below.
4. Serve notice. Notice of the filing, with a copy of the petition, must go to your young adult (verbally and in writing, in their language and in English), next of kin, any health care surrogate, any power of attorney agent, and anyone else the court designates. The notice must give the hearing date and the right to counsel (s. 393.12(4)).
5. Court appoints your young adult's attorney within 3 days of filing. Expect that attorney to meet your young adult, review records and talk with you.
6. Attend the hearing. The court sets the hearing when the petition is filed and holds it as soon as practicable (s. 393.12(6)). Your young adult has the right to be there and must be present unless there is good cause. They may present evidence, call and cross-examine witnesses, and choose an open or closed hearing. The standard is clear and convincing evidence.
7. Receive the order and letters. If the court finds a guardian advocate is needed, its written order sets out the specific areas, the legal disabilities, the alternatives considered, who was selected and why, and the guardian advocate's powers and duties, including any bond (s. 393.12(8)). Letters of guardian advocacy are the papers you show doctors, banks and agencies.

Example only: a family might gather records around their child's 17th birthday, request the circuit's packet a few months before 18, and file close to the birthday. Collier County's clerk notes that a guardian advocate may be appointed when the person turns 18. How long the process takes depends on the circuit's calendar, screening and the attorney's review; ask your clerk about local timing and whether it accepts filings before the 18th birthday. (Youth in a chapter 39 dependency case follow a separate timeline that starts at 17 years and 6 months, s. 393.12(2)(c).)

How much does it cost?

• Filing fee. Clerk fees are set by s. 28.2401. The 2026 statute lists $230 for "guardianship proceedings of person only" and $395 for guardianship proceedings generally, plus a $4 service charge on guardianship petitions. Clerks may treat guardian advocate cases differently and add other charges, so ask your clerk for the current total.
• Indigent status. If you cannot afford the fees, ask the clerk for an application for civil indigent status. The Fifth Circuit's guide explains that fees are waived if the clerk finds the petitioner indigent under s. 57.082.
• Screening and education. The credit check, fingerprinting and any required guardian education course are paid by the guardian (ss. 744.3135, 744.3145), unless the court waives them. A nonprofessional guardian may petition for reimbursement of reasonable screening expenses after appointment.
• Your young adult's court-appointed attorney. The Fifth Circuit's guide says the petitioner does not pay for the attorney the court appoints for the person. Ask your clerk how this works in your circuit.
• Your own attorney, if you hire one, is a separate cost.

What do I have to do after I am appointed?

A guardian advocate has the powers and duties of a chapter 744 guardian, or those the court defines in the order (s. 393.12(10)). In practice that usually means:

• Guardian education. Section 744.3145 requires 8 hours of court-approved instruction within 4 months of appointment for guardians, and lets the court waive some or all of it. Circuits set what a guardian advocate must complete, so follow your order and local instructions.
• Initial plan. Under s. 744.362, a guardian files an initial report within 60 days after letters are signed; for a guardian of the person this is an initial guardianship plan.
• Annual plan. Under s. 744.367, the annual guardianship plan is due within 90 days after the last day of the anniversary month the letters were signed, unless the court orders calendar-year filing.
• Accounting. No annual accounting is required if your young adult's only income is Social Security and you are the representative payee (s. 393.12(10)). If you manage other money, ask the court what it expects.
• Restoration of rights. If your young adult gains skills, anyone, including your young adult, may file a suggestion of restoration of rights (s. 393.12(12)).

How Hope Center can help while you prepare

Hope Center does not give legal advice or file court papers. What we can do is support the skills and records that matter during the transition years. Our BCBAs write each ABA program, every plan is reviewed by our clinical director before it goes to insurance, and parents get weekly training. Our staff can join IEP meetings and doctor visits where allowed, which helps keep transition goals consistent across home, school and therapy. If your teen receives ABA with us, you can ask for a copy of the current treatment plan for your records.

For the full picture of the year before 18, use our transition-to-adulthood checklist. To talk about ABA for your teen, contact us or call 561-337-8865 for a free consultation and free benefits check.