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Will I be required to receive instruction or training?
Yes. Each person appointed to be a Guardian Advocate must complete the required number
of hours (as of 2015, eight hours) of instruction and education within four months after his or her
appointment. The training must be completed through a course approved by the chief judge of the
circuit court and taught by a court-approved organization. Court-approved organizations may
include, but are not limited to, community or junior colleges, guardianship organizations, and the
local bar association or The Florida Bar.
A course on guardianship education is available through Seniors First. You can register for
the course by contacting Seniors First at (407) 297-9980. Seniors First is located at 5393 McLeod
Road, Orlando, Florida 32801.
The court may, in its discretion, waive some or all of the training requirements or impose
additional requirements. The court will make its decision on a case-by-case basis considering the
experience and education of the Guardian Advocate, the duty assigned to the Guardian Advocate,
and the needs of the person with a developmental disability.
Will I be required to file reports to the court regarding the person with a developmental
disability?
A Guardian Advocate must file an Initial Report within 60 days of appointment pursuant
to Florida Statutes §744.361 and §744.363. The initial report must include a statement of medical,
mental, or personal care services of the person with a developmental disability, and a statement of
the place and kind of residential setting best suited for the needs of the person with a developmental
disability. In addition, the Initial Report includes all physical and mental examinations necessary
to determine the medical and mental health treatment needs of the person with a developmental
disability. Finally, the Initial Report must include a list of any preexisting orders not to resuscitate,
executed under s. 401.45(3) or preexisting advance directives, as defined in s. 765.101, the date an
order or directive was signed, whether such order or directive has been suspended by the court,
and a description of the steps taken to identify and locate the preexisting order not to resuscitate
or advance directive.
In addition, a Guardian Advocate must file a report each year. The Annual Report must be
filed within 90 days after the last day of the anniversary month that the letters of guardianship were
signed, and the plan must cover the coming fiscal year, ending on the last day in such anniversary
month.
Example: Imagine that the month that you were appointed a guardian is July. Your annual
guardianship plan would need be filed with the court no later than October 30 of each year. The
annual report would cover the period of August 1, 20__ to July 31, 20__. Also remember that you
need to include a physician report with the annual report which is dated within 90 days of the day
that you file the annual report.
The Annual Report must include information concerning the residence of the person with
a developmental disability, the medical and mental health conditions, treatment and rehabilitation
needs of the person with a developmental disability, and the social condition of the person with a