Florida Guardian Advocacy Pro Se: Filing Without an Attorney

When Pro Se Filing Is Allowed

Florida Statute § 393.12(2)(b) permits parents to file a Guardian Advocacy petition without hiring an attorney — but only under specific conditions. The petition must request authority over person-related decisions only:

• Healthcare decisions and medical consent
• Educational decisions and IEP participation
• Residential choices
• Government benefits management (like serving as SSI Representative Payee)

The moment your petition requests authority over property — managing bank accounts beyond basic needs, handling a personal injury settlement, administering trust assets, or overseeing significant financial transactions — you need a licensed attorney. Florida Probate Rule 5.030 mandates attorney representation for any property-related guardianship or advocacy filing.

This restriction catches families who assume "person only" covers everything. If the young adult's only income is SSI and you plan to manage it through a separate Representative Payee designation (applied for directly through SSA, no court involved), the person-only petition covers your needs without triggering the attorney requirement.

What You Need Before Filing

Gather these before contacting the clerk's office:

Medical and diagnostic documentation. The individual must have one of seven qualifying developmental disabilities under F.S. § 393.063: intellectual disability (IQ below 70 with functional limitations), autism spectrum disorder, cerebral palsy, Down syndrome, spina bifida, Phelan-McDermid syndrome, or Prader-Willi syndrome. The condition must have manifested before age 18 and constitute a substantial handicap expected to continue indefinitely. You need documentation supporting those criteria.

Educational records. The student's most recent IEP, transition assessments, and any psychological evaluations conducted by the school district. These support the petition's claims about which decision areas require a guardian advocate.

APD documentation. If the individual is enrolled with the Agency for Persons with Disabilities or on the iBudget waiver preenrollment list, include the Individual Support Plan (ISP).

Statement on less restrictive alternatives. Since Florida's 2024 reforms (HB 73), every petition must explain why Supported Decision-Making, a Durable Power of Attorney, a Healthcare Surrogate designation, and other private agreements are insufficient. If you have tried these and they failed — a hospital refused to honor an SDM agreement, for example — document that.

Level II background check. All guardian advocates must complete electronic fingerprinting and a criminal background check through FDLE. Cost is typically $50 ($10 fingerprinting plus $40 processing). Some circuits require completion before the hearing; others allow a short window after appointment.

Step-by-Step Filing Process

1. Get your circuit's form packet. Contact the probate division of the circuit court in the county where the individual resides. Ask for the Guardian Advocacy forms — typically Form A (Application), Form C (Petition), Form E (Oath), and Form J (Initial Plan). Use only your circuit's forms; other circuits' versions may differ.

2. Complete the petition. Form C is the core document. List the specific rights you are requesting — be precise. "Healthcare decisions" is better than "all personal decisions." The court delegates only what you request, and everything else stays with the individual.

3. File with the clerk. Bring the completed forms, your supporting documentation, and the filing fee ($235–$400, depending on circuit). If the ward qualifies for civil indigent status under F.S. § 57.082 — transitioning 18-year-olds with disabilities typically qualify because the court evaluates the ward's assets, not the parents' — file the Application for Determination of Civil Indigent Status at the same time to waive the filing fees.

4. Court appoints an attorney for the ward. Within three days, the court assigns an attorney from the circuit registry to represent the proposed ward. This attorney will meet with the individual, assess their capabilities, and file a report. The ward's attorney is paid by the state if the ward is indigent.

5. Serve notice. You must serve formal notice on the proposed ward, their court-appointed attorney, and next of kin. The clerk's office can explain your circuit's service requirements.

6. Attend the hearing. As a pro se petitioner, you present your case directly to the judge. Bring copies of all filed documents, the supporting medical evidence, and be prepared to explain why less restrictive alternatives are insufficient. The proposed ward has the right to attend.

7. File the Initial Plan. Within 60 days of appointment, file Form J — the Initial Guardian Advocacy Plan — detailing medical, residential, and social goals for the ward.

What Pro Se Gets Wrong Most Often

Requesting too broad a scope. Courts look at each decision area individually. Requesting "all person-related decisions" when you only need medical and educational authority weakens your petition and restricts the individual's rights unnecessarily.

Skipping the alternatives analysis. Judges increasingly push back on petitions that do not meaningfully address SDM and other less restrictive options. A one-sentence dismissal is not sufficient.

Missing annual filing deadlines. After appointment, you must file an Annual Guardian Advocacy Plan between 60 and 90 days before each anniversary of your appointment, including a Physician's Report from a recent examination. Missing deadlines can result in show-cause orders.

The Florida Guardianship & Alternatives Guide includes line-by-line form instructions and worked examples designed specifically for pro se filers navigating this process for the first time.

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