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How do I get guardianship of my 22 year old special needs son

Cape Coral, FL |

My son has PDD, anxiety disorder, panic attacks & PTSD. A psychological exam was completed 2 months ago and his IQ was said to be 70.

Attorney Answers 4

  1. You need to consult with an attorney in your area who specializes in guardianship or conservatorship issues. Avvo is a good place to start for finding such an attorney.

    Make sure that the attorney is willing to LISTEN to all of your concerns, answer your questions in Plain English and is sincere in his or her desire to help you and your son.

    I wish you and your son the best as you continue your journey.

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  2. I agree with Attorney Masiuk and would simply add that the process of seeking guardianship would be handled through the probate court in your son's county of residence.

    You can find additional information on Florida guardianship law and procedure, here:

    Best of luck to you!

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

  3. You need to meet with a guardianship attorney and take steps to be the legally appointed guardain of your son.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

  4. A Circuit Cout may appoint a guardian advocate without an adjudication of incapacity for a person with developmental disabilities. It is my understanding that PDD is a form of autism. If this is true, PDD would qualify as a developmental disability. If your son was diasgnosed with this disorder prior to turning 18, you could potentially file to become his guadian advocate. Guardian advocate proceedings are less time consuming and exepensive in comparison with guardianship. An attorney can help you decide whether to file for guardianship or a guardian advocate.

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