GUARDIANSHIP & GUARDIAN ADVOCACY​

Under Florida law, guardianship and guardian advocacy are legal processes that allow a court to appoint a trusted person to help make decisions for an individual who is unable to make certain decisions independently. Guardianship is typically used when an individual lacks capacity due to age, illness, or disability, while guardian advocacy is a less restrictive option for adults with developmental disabilities who need decision-making support but can retain some rights.

RESTORATION OF RIGHTS

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Restoration of rights is a legal process under Florida law that allows an individual who was previously subject to guardianship or guardian advocacy to regain some or all of their rights when circumstances change. This may occur when a person gains skills, stability, or support that allows for greater independence. The goal of restoration is to reduce restrictions, honor autonomy, and ensure that only the rights truly necessary for protection remain limited. 

ESTATE PLANNING ​

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 Estate planning is the process of creating legal documents that protect your family, your assets, and your wishes. This may include wills, trusts, powers of attorney, healthcare documents, and disability-specific planning tools such as Special Needs Trusts. Thoughtful estate planning helps ensure continuity of care, financial security, and peace of mind, especially for families supporting a loved one with a disability.

SUPPORTED DECISION-MAKING AGREEMENTS

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A Supported Decision-Making Agreement is a legal tool under Florida law that allows an adult with a disability to choose trusted supporters to help them understand information, weigh options, and communicate decisions, without giving up their legal rights. The individual remains the decision-maker, while supporters assist with areas such as medical care, education, finances, or services, as agreed. This option is often used as a less restrictive alternative to guardianship and is designed to promote independence, autonomy, and self-determination.

APD IBUDGET WAIVER DENIALS

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An APD iBudget Waiver denial occurs when the Agency for Persons with Disabilities (APD) denies or limits services requested under Florida’s iBudget Home and Community-Based Services Waiver. Denials may involve eligibility, level of care, service hours, funding amounts, or the termination or reduction of approved services. Families have the right to challenge these decisions through an appeal or Medicaid Fair Hearing to seek the services their loved one needs to remain safely supported in the community.

And More...

POWERS OF ATTORNEY

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A Power of Attorney is a legal document that allows an individual with disability to appoint a trusted person to act on their behalf in specific or broad matters, such as finances, benefits, healthcare coordination, or legal affairs. Powers of Attorney are often used as a less restrictive alternative to guardianship, helping individuals maintain independence while receiving needed support.

SPECIAL NEEDS TRUSTS

A Special Needs Trust is a legal tool that allows funds to be set aside for a person with a disability without jeopardizing eligibility for needs-based benefits such as SSI and Medicaid. The trust can be used to pay for supplemental expenses that enhance quality of life such as therapy, education, housing supports, and personal care, while preserving public benefits.​​