A guardian advocate is someone chosen by the court to make decisions for a person with mental health issues who is unable to make decisions on their own. You may be appointed if your loved one is admitted to a mental health facility against their will because they are a danger to themselves or others. It can also be necessary if they cannot take care of themselves due to severe depression, a psychotic episode or a traumatic event.
How does a guardian advocate differ from other types of guardianship?
The court chooses a guardian advocate – rather than a plenary guardian – for patients who cannot agree to treatment but are also not fully incapacitated. They also have more limits on what they can decide for the patient.
Under Florida’s Mental Health Act, guardian advocates cannot agree to treatments like abortion, sterilization or experimental treatments without the court’s permission. Their role ends when the patient leaves involuntary care or can make decisions again.
Moreover, the court can review the decisions made by the guardian advocate if the patient’s lawyer, family or the facility administrator files a petition. This ensures that their decisions are in the patient’s best interest and prevents misuse of authority.
How does the court appoint a guardian advocate?
When a psychiatrist decides their patient cannot consent to treatment, the facility administrator can petition the court to appoint a guardian advocate. The patient has the right to:
- Be at the hearing.
- Have legal representation.
- Speak, show evidence and question witnesses.
If the patient has already chosen someone to make medical decisions for them, such as a health care surrogate, the court usually chooses this person as the guardian advocate. If there is no health care surrogate, the court tries to appoint a close family member – like a spouse, parent or adult child – who knows the patient’s needs and preferences.
Your loved one deserves the best care possible
You have the power to make a significant difference in your loved one’s care and well-being. Learn more about how you can advocate for their rights and best interests.
