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Guardianship and Alternatives
Each
individual over 18 receiving services through the Agency for Persons with
Disabilities (APD) is asked their legal status.
For many
families in Florida the cost of filing for guardianship is prohibitive and
in most cases not necessary. Many individuals can make their own
decisions, they just need help or assistance. There are some basic steps
families might want to consider not only for an individual with a
developmental disability but the whole family.
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Client Advocate:
Instructions
(pdf)
Application Form
(pdf) 393.0651(4), F.S. allows a person
receiving services through the Agency for Persons with Disabilities (APD)
to appoint a family member or friend (with approval of the Support
Planning Committee) to become officially recognized as a client
advocate. The client advocate may assume a variety of roles depending
on the needs and wishes of the individual. However, Client Advocate is
only recognized within the APD. A client advocate can assist with
understanding information for an individual but may not make the
decisions.
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Health Care Surrogate:
(Chapter 765.401, F.S.) permits an individual to name a surrogate health
care decision maker to make medical decisions if the individual is not
able to give informed consent. The individual must name a health care
surrogate while capable of making medical decisions. The surrogate does
not assume responsibility until the individual is incapable of making
medical decisions.
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Health Care Proxy:
(Chapter 765.401, F.S.) If a
developmental disabled individual has not executed a surrogate for
health care decisions and is NOT capable of informed consent, a proxy
health care surrogate may be appointed. The law lists the order of
priority. Example: guardian, spouse, adult children, parent, etc.
a.
Health Care Proxy Designation and Acceptance Letter
b. Healthcare Proxy Statute
c. Healthcare Certificate of Incapacity
LEGAL OPTIONS:
References:
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