FIU Embrace LAW FAQ
- When can I file for guardianship of my child?
The child must be 18yrs old for the filing to be done. You should contact an attorney at least 3 months before the birthday. To get more information contact us via email at fiuembrace@fiu.edu or call us at 305-348-1838.
Types of Guardianships
Guardian Advocate
A formal guardianship, without being deemed incapacitated, that removes some rights and delegates them to a Guardian Advocate, if the person with a disability has a developmental disability and requires assistance in some or all aspects of decision making to care for him or herself or their property.
Limited Guardianship
A formal court proceeding in which the person with a disability is deemed to be incapacitated and only some, but not all of their rights, are removed or delegated to the Guardians to make decisions for them.
Plenary Guardianship
A formal guardianship in which the person with a disability is deemed incapacitated and all of their rights are removed and delegated to the Guardian to make decisions for you.
- What is available other than guardianship to assist with your adult child once they turn 18yrs old?
Supported-Decision Making
A plan with trusted supporters who will assist the person with a disability in understanding information and making decisions in your life. The greatest benefit to this option is that it does not go through the court system and, therefore, does not legally remove any rights.
Power of Attorney
With all Power of Attorney options the person with a disability must have the mental capacity to understand the documents that they are signing.
Healthcare Surrogate
A written document that informs healthcare practitioners and others how the person with a disability wants their health care rights handled and who they want to exercise their medical rights when they are unable to make those decisions.
Mental Health Advance Directive
A written document signed by the person with a disability that designates someone as the individual to make mental health care decisions for them.
Limited Power of Attorney
Give someone you trust the legal authority to act for you in a limited capacity. Examples include simple tasks like writing or endorsing checks and applying for government benefits, or involve more complex matters like filing tax returns or buying and selling real estate.
Durable Power of Attorney
Gives someone the person with a disability trusts the legal authority to act for them, even after their death.
- Is there a cost to file a guardianship?
Yes, but your attorney can file a civil indigency form with the Court requesting a waiver. A waiver will not be approved if you own a property or your income exceeds the poverty guidelines. If not approved, the cost is $687.
- What is the process of a guardianship?
An application is submitted to the court for determination of incapacity and appointment of guardian. Three doctor panel is appointed to assess the disabled adult. These doctors will report to the court if the disabled adult is in need of a guardianship and which type of guardianship would be beneficial to the disabled adult. Once the court has received the reports, a hearing is scheduled at which time the Court will either grant or deny the guardianship. The Guardian is required to do fingerprinting and complete an 8 hour guardianship course.