As a child reaches the age of majority, the child may not be able to care for her- or himself due to developmental disorders such as autism or Down's syndrome. If some decision-making activities can still be conducted by the ward or individual with the developmental disorders, then a guardian advocate case can be established. If the ward can appropriately decide where to live, or vote, or drive, then a guardian advocate can be established.

There are fewer requirements for a guardian advocate case than a guardianship. The annual plans for a guardian advocate case are not as rigorous. Decisions can be made without having to go to court for each particular asset. Decisions can be made as in a durable power of attorney, where a principal can make decisions for the agent without court approval.

In a guardianship, everything needs to be petitioned for by the principal for the ward, unlike a guardian advocate case. In order to have a guardian advocate case, it has to be agreed to by the judge or magistrate. The judge wants to see that certain decision-making activities can be conducted by the ward, such as voting, driving, making gifts, and selecting his or her residence appropriately. In addition, the ward has to have a developmental delay such as autism or Down's syndrome; the ward cannot be considered incapacitated due to a psychological condition.

A guardianship can be set up for an adult if he/she acted like Baker several times. The adult may be wanting to hurt him or herself due to a multiple personality disorder. Due to mental issues, the person may be Baker acted, and a guardianship may need to be set up. If a minor has a developmental disorder, then a guardianship may need to be set up. If the adult has a developmental disorder but still is able to care for him or herself in certain ways, such as managing his or her finances, being able to make a gift of a certain amount, voting, making a contract, or driving, then a guardianship advocate may be able to be set up, which is not as time-consuming or expensive as a guardianship. The annual plans in a guardian advocacy are not as rigorous as those in a guardianship. A guardianship advocate is more like a durable power of attorney, where the agent can make decisions for the ward, a mentally incapacitated person, rather than having the court involved as in a guardianship.

The adult may have Alzheimer’s or dementia and may not be able to take care of his or her finances anymore. If the adult does not have a durable power of attorney or estate planning documents set up, a guardianship would need to be set up to take care of the adult. Even if these estate planning documents cannot be found or become lost, then a guardianship may need to be set up.