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FL Guardianship Laws for my 18 year old brother who has Down Syndrome.

My brother turned 18 last year and my parents had to go to court and become his legal gardian and take gardian classes and other things like that. They have to repeat these processes every year. I am doing a research paper about this for my class. I would like to know why they have to do this, and why can't they just get my brothers teacher to submit some paperwork to the court that states he still has Down Syndrome. Is this the law for every state?

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Attorney answers (1)

Reputation Level 12
I'm not sure if it is the law for every state, however, it is set up to protect your brother. The information is a check and balance to ensure that he is not being taken advantage of by anyone and that someone continues to look out for his well being. This is the same check and balance that would be in place if your parents would pass away and leave him a large inheritance. It would have to account for the money and show that there is a plan in place for the next year to care for him both emotionally, physically, and mentally. It shows his progress and that people are being responsible in taking care of him. You can check out the Florida Rules of Probate, there is a whole section on Guardianship. http://www.floridabar.org/TFB/TFBResources.nsf/... (see page 75)

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