Page 22 - Southern Exposure - July '24

Page 22, Southern Exposure BW

EldEr EstatE planning

Will Your Child Need A Guardian Advocate?

Submitted by Anné Desormier-Cartwright, Esq..

When it comes to your If you have questions about this or your estate plan An attorney client relationship is not created through the
child, there are likely no and what documents are necessary schedule a free information provided herein.
steps you would not take to consultation today by calling our office at (561) 694- To comply with the U.S. Treasury regulations, we must
protect him or her. If your 7827, Anné Desormier-Cartwright, Esq., Elder and Estate inform you that (i) any U.S. federal tax advice contained
child has a developmental Planning Attorneys PA, 480 Maplewood Drive, Suite 3, in this newsletter was not intended or written to be used,
disability, however, it Jupiter, FL 33458. and cannot be used, by any person for the purpose of
can be challenging to The content of this article is general and should not be avoiding U.S. federal tax penalties that may be imposed
determine the right steps relied upon without review of your specific circumstances on such person and (ii) each taxpayer should seek advice
to take to provide adequate by competent legal counsel. Reliance on the information from their tax advisor based on the taxpayer’s particular
protection. When a child herein is at your own risk, as it expresses no opinion by circumstances.
turns 18, he or she can make the firm on your specific circumstances or legal needs.
decisions on his or her own
behalf, without the permission of his or her parents. For
parents of a developmentally disabled child, in particular, LET US HELP YOU
this can be a time of uncertainty.
To Evaluate Whether Your Ship Your Valuable Packages & Furniture
Child Needs A Guardian

Advocate, Here Is Some

Information About Guardian • CLOTHING • SCULPTURES • CUSTOM PACKING AND CRATING
• DISHES
• ARTWORK
• ESTATES PACKING AND
Advocacy In Florida • ANTIQUES • COMPUTERS SHIPPING
• FURNISHINGS • FURNITURE SHIPPING • BOXES AND PACKING SUPPLIES
What Is A Developmental Disability?
According to §393.063(12) of the Florida Statutes, an
individual is considered to have a developmental disability WE PACK AND FREE
if he or she has “a disorder or syndrome that is attributable
to intellectual disability, cerebral palsy, autism, spina SHIP WITH TLC PICK UP AT YOUR
bifida, Down syndrome, Phelan-McDermid syndrome, or LOCATION
Prader-Willi syndrome that manifests before the age of
18; and that constitutes a substantial handicap that can
reasonably be expected to continue indefinitely.”
What Does It Mean To Be A Guardian Advocate And
Are There Different Types?
In Florida, guardian advocacy is a process where family
members or caregivers can obtain legal authority over
an individual with a diagnosed developmental disability.
Guardian advocacy typically comes in three different
types. An individual can become a guardian advocate of a
person, of property, or both. Becoming a guardian advocate
of a person allows the advocate to make personal decisions
about the physical well-being of a child, while property Dishes, Glasses, Furniture
rights include the right to contract on behalf of a child.
Should I Consult With An Attorney? Copies, Fax Service, Notary, US Mail, Stamps
The short answer is yes. Guardian advocacy can be
a particularly challenging process, which is why we
encourage you to seek the guidance of an experienced
special needs attorney for assistance. Although it is
possible to seek guardian advocacy of your child without
the guidance of attorney, there is no substitute to discussing
your unique needs with an experienced special needs
attorney who can help ensure your child remains legally
protected once he or she turns 18 years old. Your client will
have an attorney appointed to represent their interests. As Phone: 561-799-3900
a young adult, it is an easier process for the family when 10130 Northlake Blvd. #214
you appoint a guardian advocate for the developmentally Fax: 561-799-3905
disabled person at the time of becoming an adult. If you West Palm Beach, FL. 33412
try to establish this later in their adulthood, the adult may Cell: 561-598-4413
not be so willing to agree that this is a good decision.
We know this article may raise more questions than it Ask For Jean or Joseph
answers. If you have specific questions about guardian
advocacy in Florida, do not wait to contact us and let us
answer your questions about your unique legal needs.
If you want help with preparing the necessary The UPS Store The UPS Store
documents for making health care decisions and access
to financial matters, please contact us.

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