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Guardianship for Elderly Individuals With Alzheimer’s or Dementia in Florida

Understanding Legal Protections for Vulnerable Adults

Alzheimer’s disease and other forms of dementia can slowly strip an individual of the ability to manage daily life, finances, medical decisions, and personal safety. For Florida families, guardianship may become necessary to legally protect an aging parent or spouse living with cognitive decline. Without a valid power of attorney in place, guardianship may be the only way to gain the legal authority to assist your loved one.

I’m Beryl Thompson-McClary, a Florida guardianship attorney helping families statewide protect loved ones facing dementia-related challenges. If you need legal guidance on guardianship, call 1-888-640-2999 to schedule a consultation.

When Does a Person With Dementia Need a Guardian?

Florida law allows guardianship when an adult lacks capacity to make informed decisions and is at risk of harm. Warning signs include:

Wandering from home or getting lost
Repeatedly forgetting medications
Inability to manage bank accounts or pay bills
Falling for scams or giving money to strangers
Unsafe living conditions or neglect

If your loved one shows these signs and can no longer protect themselves, it may be time to pursue guardianship under Florida Statutes Chapter 744.

Types of Florida Guardianship for Dementia Cases

1. Plenary Guardianship

This grants full authority over both personal and financial matters. It’s appropriate when dementia has progressed significantly.

2. Limited Guardianship

This is used when the person still retains some decision-making ability. Florida courts aim to preserve autonomy whenever possible.

3. Guardian Advocacy

While typically used for developmental disabilities, guardian advocacy may apply in some early-onset dementia cases where the diagnosis occurred before age 18.

Florida Guardianship Process for Alzheimer’s and Dementia

Petition to Determine Incapacity and Petition to Appoint Guardian are filed in court.
A medical examining committee evaluates the individual’s cognitive capacity.
The court appoints an attorney for the alleged incapacitated person.
A hearing determines legal incapacity and appoints a guardian.
Guardian must file annual reports and act in the person’s best interest.

This process ensures legal protection for the senior while maintaining judicial oversight.

What Guardians Can Do Under Florida Law

Consent to or refuse medical treatment
Manage real estate and bank accounts
Prevent financial exploitation or undue influence
Choose living arrangements (such as memory care facilities)
Coordinate long-term care and Medicaid planning
Monitor care providers

FAQs: Dementia and Guardianship in Florida

Can my parent still sign a power of attorney if they have early-stage dementia? Possibly. Capacity is required at the time the document is signed. An attorney should evaluate the individual’s ability to understand.

What if my parent resists the idea of guardianship? The court considers their input but will act to protect them if incapacity is proven.

How long does guardianship last? It remains in place until the person recovers capacity or passes away. In rare cases, rights may be restored.

Can I become guardian even if I live out of state? Yes, but you must be related by blood, marriage, or adoption to serve as guardian in Florida if you’re not a resident.

Is guardianship public? Yes, it is a court proceeding, but sensitive medical information is protected.

What if there’s a dispute between family members about guardianship? The court will decide who is best suited to serve. Evidence of the person’s best interest is critical.

Contact Florida Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If you’re facing difficult decisions about how to protect a parent or loved one with Alzheimer’s or dementia, I’m here to help you take the right legal steps. Call 1-888-640-2999 to schedule your consultation and get answers tailored to your family’s needs.

May 5, 2025/by James

Divorce, Guardianships

Emergency Guardianship for an Elderly Parent in Florida

Emergency Guardianship for an Elderly Parent in Orlando, Florida

Taking Swift Legal Action to Protect Aging Loved Ones

When an elderly parent in Florida faces an urgent threat to their health, safety, or finances and cannot protect themselves, families often need immediate legal authority to act. Florida law allows courts to appoint an emergency temporary guardian (ETG) to protect vulnerable seniors in crisis situations. If you are facing a sudden crisis involving your aging parent, knowing how emergency guardianship works is critical.

I’m Beryl Thompson-McClary, a Florida guardianship attorney with decades of experience helping families across the state, including Orlando, Tampa, and Miami. If you need to act quickly to protect a loved one, call 1-888-640-2999 to schedule an urgent consultation.

What Is Emergency Guardianship in Florida?

Emergency guardianship is a legal process where a Florida court appoints a temporary guardian to make immediate decisions for an incapacitated person when there is an urgent danger to their health, safety, or property. Under Florida Statute 744.3031, courts can issue an order for an emergency temporary guardian (ETG) when:

The individual is unable to manage their affairs
Immediate action is needed to prevent harm

The court limits the ETG’s authority to what is absolutely necessary and closely supervises the temporary guardianship.

When to Seek Emergency Guardianship for an Elderly Parent

Common reasons families seek an ETG for a senior parent in Florida include:

Immediate risk of financial exploitation or elder abuse
Refusal of necessary medical care due to cognitive decline
Unsafe living conditions, self-neglect, or inability to care for themselves
Urgent need for medical decisions without a health care surrogate
Severe dementia, Alzheimer’s disease, or mental health crises requiring quick intervention

If your parent’s life, health, or assets are at risk and no other less restrictive options are available, emergency guardianship may be appropriate.

How the Florida Emergency Guardianship Process Works

File a Petition for Emergency Temporary Guardianship The petition must explain the urgent circumstances, the immediate risks, and why guardianship is necessary.
Medical Evidence You must provide medical documentation or an affidavit supporting the claim that your parent lacks capacity.
Court Hearing The court will schedule an expedited hearing, often within days. The elderly parent must be represented by an attorney.
Appointment of ETG If the court agrees that immediate action is needed, it will appoint an emergency temporary guardian for up to 90 days. In some cases, the ETG’s term may be extended.
Transition to Permanent Guardianship (If Needed) At the same time, the court may require that a separate petition for permanent guardianship be filed and pursued.

Important Limitations of Florida Emergency Guardianship

The emergency guardian’s powers are limited to the specific needs described in the court order.
Emergency guardianship is intended as a short-term solution.
A full incapacity hearing is still necessary for long-term guardianship.
The rights of the elderly parent are protected through court supervision and legal representation.

FAQs About Emergency Guardianship for Elderly Parents in Florida

How fast can I get emergency guardianship in Florida? Courts often act quickly in emergency guardianship cases—sometimes within 48 to 72 hours of filing, depending on the situation.

Do I need a lawyer to file for emergency guardianship? Yes. Emergency guardianship involves strict legal requirements. An experienced Florida guardianship attorney can file properly, represent you at hearings, and guide you through the process.

What if my parent refuses to cooperate? Florida law allows the court to appoint a guardian even over a person’s objections if their incapacity and risk are proven.

Can I be appointed as the emergency temporary guardian? Often, family members are appointed if they are willing and qualified. Courts prioritize those with close relationships to the individual.

Does emergency guardianship end after 90 days? Yes, unless a permanent guardian is appointed. If no permanent guardianship is pursued, the emergency authority ends.

How do I prove my parent is incapacitated? Medical evaluations, affidavits from physicians, and clear documentation of risky behaviors or exploitation are essential.

Contact Florida Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If you are facing an emergency with an elderly parent in Florida and need immediate legal action, I’m here to help. Timing is critical. Call 1-888-640-2999 today to schedule an urgent consultation and protect your loved one’s health, safety, and dignity.

April 28, 2025/by James

Divorce, Guardianships

When an Aging Parent Needs a Guardian: Signs and Legal Options

A Florida Guide to Protecting Vulnerable Parents

As parents age, their ability to manage medical care, finances, and daily living can decline. In Florida, guardianship offers a legal way to protect aging parents who can no longer make safe, informed decisions. Knowing when to step in and how the guardianship process works is critical to ensuring their well-being while preserving dignity and autonomy whenever possible.

I’m Beryl Thompson-McClary, a trusted Florida guardianship attorney. I help families across the state—from Orlando to Miami to Tampa—understand their legal options when a loved one needs help. If you’re concerned about an elderly parent and want guidance, call 1-888-640-2999 to schedule a consultation.

Recognizing the Signs an Elderly Parent May Need a Guardian

In Florida, guardianship should be considered when an aging parent can no longer make sound decisions about their health, safety, or finances. Warning signs include:

Forgetting to take medications or taking them improperly
Unpaid bills, excessive spending, or financial exploitation
Unsafe living conditions (hoarding, falls, neglect of personal hygiene)
Signs of dementia, confusion, or memory loss
Vulnerability to scams or undue influence
Refusal to seek necessary medical care

If your parent’s ability to make decisions places them at risk, guardianship may be necessary to ensure protection and care.

Florida’s Legal Options for Helping an Aging Parent

Florida offers several legal tools to assist aging parents. Guardianship is a last resort—only used when less restrictive alternatives are not sufficient.

1. Power of Attorney

If your parent still has mental capacity, they can sign a durable power of attorney allowing you to manage financial and legal affairs. This is often the best first step if the parent is willing and able.

2. Health Care Surrogate Designation

This allows your parent to name someone to make medical decisions if they become incapacitated. Again, they must have capacity at the time they sign.

3. Voluntary Guardianship

Under Florida Statute 744.341, if an elderly parent recognizes they need help but is still mentally competent, they can voluntarily petition for a guardian to assist them.

4. Involuntary Guardianship

If your parent cannot understand or consent to needed assistance, you may petition for involuntary guardianship under Florida Statutes Chapter 744. This involves:

Filing a petition in court
Having the court appoint an examining committee of medical professionals
A hearing to determine incapacity

The court can appoint a guardian over the person (medical and daily care decisions), the property (financial management), or both.

Florida Guardianship Process for Aging Parents

File a Petition to Determine Incapacity and a Petition to Appoint Guardian
Court appoints an attorney to represent the parent
Examination by a three-member medical panel
Court hearing and decision
If incapacity is proven, the court appoints a guardian (family member or professional)

The goal is always the least restrictive alternative that still protects the parent’s interests.

FAQs About Guardianship for Elderly Parents in Florida

What if my parent refuses help? You can still petition for guardianship if they are at risk. Florida courts prioritize the safety of the individual, even if they object.

Do I have to be a Florida resident to serve as my parent’s guardian? No, but non-residents must usually be related by blood, marriage, or adoption to serve as guardian under Florida law.

Can my parent keep any rights under guardianship? Yes. Florida courts prefer limited guardianships where the individual retains as many rights as possible.

Is guardianship expensive? Costs include court filing fees, attorney fees, and potentially fees for medical evaluations. Costs can vary, but failing to act could be far more costly if financial abuse or medical neglect occurs.

How long does the guardianship process take in Florida? Typically 60 to 90 days, depending on court schedules and whether the guardianship is contested.

Can guardianship be challenged or modified later? Yes. If a parent’s condition improves, the court can restore rights. Guardians can also be removed or replaced if necessary.

Contact Florida Guardianship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If you believe your aging parent in Florida may need a guardian, early legal action can prevent crises and protect their dignity. I’m here to guide you through the guardianship process with compassion and skill. Call 1-888-640-2999 to schedule a consultation and take the first step toward ensuring your loved one’s safety and care.

April 28, 2025/by James

Divorce, Estate Planning

How To Choose The Right Estate Planning Attorney in Florida

Protecting Your Legacy with the Right Legal Guidance

Choosing the right estate planning attorney is one of the most important decisions you can make for your family’s future. Estate planning is about more than drafting documents—it’s about creating a long-term strategy to protect your assets, honor your wishes, and ease the burden on your loved ones. In a state like Florida, where estate, trust, and probate laws have unique rules, finding the right attorney can make a major difference.

If you’re searching for trusted estate planning guidance, I’m Beryl Thompson-McClary, an experienced Florida estate planning attorney, and I help families across our state prepare for the future with confidence. If you’re ready to schedule a consultation, call 1-888-640-2999 today.

What To Look For in a Florida Estate Planning Attorney

1. Experience in Florida Estate Law

Florida has its own rules on probate, homestead property, elective share rights, and creditor claims. You want an attorney who understands local laws and court procedures, not someone unfamiliar with Florida’s specific legal environment.

2. A Focus on Estate Planning

The best estate planning attorneys devote a significant part of their practice to wills, trusts, healthcare directives, powers of attorney, and probate avoidance. They stay current on Florida law changes that affect estates and beneficiaries.

3. Clear Communication

Estate planning involves complex issues like taxes, guardianship, and trust management. Your attorney should be able to explain these concepts clearly and offer practical solutions based on your goals.

4. Transparent Fee Structure

Look for attorneys who offer flat fees for most estate plans or who clearly explain their billing practices upfront. You should never be left wondering what you’re paying for.

5. Willingness to Customize Your Plan

No two families are the same. Your estate plan should be tailored to your unique situation—whether that includes blended families, special needs trusts, business succession, or charitable giving.

6. Ongoing Support

Good estate planning doesn’t end after documents are signed. Life changes—and your estate plan should too. Choose a lawyer who offers reviews, updates, and support as your needs evolve.

Key Questions to Ask Before Hiring an Estate Planning Attorney

How many years have you practiced estate planning in Florida?
Will you create a customized plan based on my family’s needs?
Can you assist with avoiding probate if that is my goal?
Do you help with planning for minor children or special needs dependents?
Will you help update my estate plan if my life circumstances change?
Do you handle probate and trust administration if needed later?
What is your fee structure, and what services are included?

Why Florida Families Trust Beryl Thompson-McClary

Estate planning is deeply personal. Families across Florida trust me because I take the time to understand what matters most to them. I work closely with each client to create customized, enforceable plans that protect their assets, minimize court involvement, and make transitions easier for loved ones.

From wills and revocable trusts to asset protection and healthcare directives, I’ll help you build a complete plan that prepares for the expected—and the unexpected.

Contact Florida Estate Planning Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Protecting your family’s future starts with the right guidance. If you’re ready to create or update your estate plan, I’m here to help you every step of the way. Call 1-888-640-2999 today to schedule your consultation and take control of your future with confidence.

April 24, 2025/by James

Divorce, Estate Planning

How To Choose The Best Estate Planning Attorney in Florida

Florida Residents: Secure Your Legacy with the Right Legal Guidance

For Florida residents, estate planning is essential to protect family, wealth, and future generations. Choosing the right estate planning attorney can make all the difference in how smoothly your wishes are honored and your assets are preserved. Florida law includes unique rules on probate, homestead protection, and trusts, so hiring a lawyer experienced with Florida statutes is key.

If you’re searching for a top-rated estate planning attorney in Florida, I’m Beryl Thompson-McClary. I help clients throughout the state—including Orlando, Tampa, Miami, and Jacksonville—create legally sound estate plans tailored to their families’ needs. To speak with me directly, call 1-888-640-2999 to schedule your consultation.

What a Florida Estate Planning Attorney Does

Estate planning attorneys in Florida help individuals and families prepare for incapacity, protect assets from unnecessary taxation or probate, and create legal documents that reflect personal and financial goals. These may include:

Wills and Living Trusts
Durable Powers of Attorney
Advance Health Care Directives
Revocable Trusts
Special Needs Trusts (for Florida families with dependents receiving benefits)
HIPAA Authorizations

What to Look for in the Best Estate Planning Attorney in Florida

1. Deep Knowledge of Florida Estate Law

Florida estate planning laws—such as the Florida Probate Code, elective share rules, and homestead protections—are different from other states. The attorney you hire must have up-to-date, hands-on experience with Florida-specific estate law.

2. Experience with Florida Probate and Trust Administration

Even if your goal is to avoid probate, your attorney should be fully familiar with the Florida probate court system, especially if your estate may eventually require probate in any of Florida’s 67 counties.

3. Offers Custom, Florida-Compliant Documents

The best estate planning attorneys draft customized wills and trusts that are enforceable under Florida law and tailored to your assets, marital status, and family dynamics. Cookie-cutter templates won’t stand up to Florida legal scrutiny.

4. Helps You Avoid Florida Probate When Desired

Probate in Florida can be time-consuming and expensive. An experienced attorney should help you use strategies like revocable living trusts, beneficiary designations, and transfer-on-death instruments to minimize or eliminate the need for probate.

5. Transparent Fees and Ongoing Support

Choose a Florida estate attorney who offers flat fees when possible, explains costs upfront, and provides ongoing support for updates, beneficiary changes, and reviews.

Questions to Ask Your Florida Estate Planning Attorney

How long have you practiced estate planning law in Florida?
Will you help me avoid probate under Florida law?
Are you familiar with Florida’s unique homestead and elective share statutes?
Can you assist with Medicaid or long-term care planning?
Do you offer updates if my life circumstances change?
Do you also handle probate and trust administration in Florida courts?

Why Florida Clients Choose Beryl Thompson-McClary

My estate planning practice is designed around Florida residents and Florida law. I help individuals and families across the state—from retirees in The Villages to professionals in Orlando to property owners along the Gulf Coast. I take the time to understand your goals and create clear, enforceable legal plans that reflect your unique values, while helping avoid the common pitfalls of Florida estate law.

Contact Florida Estate Planning Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If you’re looking for one of the best estate planning attorneys in Florida, I’m here to help. I serve clients across the state and provide trusted, local guidance with clarity and care. Call 1-888-640-2999 today to schedule your Florida estate planning consultation. Secure your legacy and protect your family—no matter what tomorrow brings.

April 23, 2025/by James

Divorce, Estate Planning

How To Find The Best Estate Planning Attorney in Orlando, Florida

What to Look For When Planning Your Family’s Future

When it comes to protecting your home, your loved ones, and your legacy, choosing the right estate planning attorney is one of the most important decisions you’ll ever make. A well-crafted estate plan not only ensures your wishes are honored but also avoids unnecessary court involvement, minimizes taxes, and keeps your affairs private. If you live in Central Florida, finding an experienced, reliable, and approachable estate planning lawyer in Orlando is the first step toward peace of mind.

I’m Beryl Thompson-McClary, an experienced Orlando estate planning attorney, and I’ve helped countless families across Orange County, Florida, secure their legacies and care for their loved ones. If you’re ready to speak with someone directly, call 1-888-640-2999 to schedule a consultation.

What Does an Estate Planning Attorney Do?

An estate planning attorney helps you create legal documents that control how your assets are distributed and who will make decisions if you become incapacitated or pass away. These documents typically include:

Wills
Revocable Living Trusts
Durable Powers of Attorney
Health Care Surrogate Designations
Living Wills
Special Needs Trusts (for families with children or adults with disabilities)

The right attorney will help you understand how Florida law applies to your situation and make sure your estate plan fits your needs now and in the future.

What to Look For in the Best Estate Planning Attorney in Orlando

1. Focuses on Estate and Trust Law

You want someone who focuses their practice on estate planning, not a generalist. Estate law changes frequently, and your lawyer should be up to date on probate, trust administration, and tax law.

2. Listens Before Drafting

A great attorney will take the time to understand your goals, concerns, and family dynamics before suggesting documents. Estate planning is personal, and no two plans are alike.

3. Offers Flat Fees or Clear Billing

Transparency matters. Look for an attorney who clearly explains their fees—whether flat rates for document packages or hourly billing for complex matters.

4. Has Local Experience in Orange County

Every county has its own probate procedures. An Orlando-based attorney will know how local judges and clerks operate, making it easier to navigate your affairs if probate is ever needed.

5. Includes Long-Term Maintenance

Life changes. Your estate plan should, too. A great estate planning attorney will offer periodic reviews, updates, or maintenance plans to keep your documents aligned with your wishes.

Questions to Ask Before You Hire

How long have you practiced estate planning law in Florida?
Do you also handle probate or trust administration?
Will you help me avoid probate if that’s my goal?
Can you help with planning for a child with special needs?
Do you offer flat fee packages?
Will you help me update my plan in the future?
What happens if my family needs help after I pass away?

Why Orlando Families Trust Beryl Thompson-McClary

Estate planning is more than paperwork—it’s about protecting what matters most. My firm serves individuals, parents, retirees, blended families, business owners, and caregivers who want to create strong, enforceable plans. I offer practical guidance, plain-language explanations, and a clear process from start to finish.

Whether you’re just starting or updating a decades-old will, I can help you avoid common mistakes, reduce the burden on your family, and build a plan that reflects your true intentions.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If you’re ready to protect your family, your assets, and your future, don’t wait. Let’s create a plan that gives you confidence and clarity. Call 1-888-640-2999 today to schedule your consultation and take the first step toward securing your legacy.

April 21, 2025/by James

Divorce, Guardianships

How To Find The Best Guardianship Attorney in Orlando, Florida

A Parent’s Guide to Choosing Legal Help You Can Trust

If you’re responsible for the care of a child, spouse, parent, or loved one who cannot make decisions independently, choosing the right guardianship attorney is one of the most important decisions you’ll ever make. The attorney you hire will guide you through Florida’s legal process, help protect your loved one’s rights, and ensure that your guardianship is legally valid, enforceable, and beneficial to the person you’re trying to protect.

I’m Beryl Thompson-McClary, a trusted Orlando Guardianship Attorney, and I’ve helped families across Orange County, Florida for years. Here’s what I tell every parent and caregiver looking for legal guidance: the best guardianship attorney isn’t just experienced—they understand your family’s needs, offer clear communication, and walk beside you every step of the way. If you’re ready to speak with someone directly, call 1-888-640-2999 to schedule a consultation.

What Does a Guardianship Attorney Do?

A guardianship attorney helps families obtain legal authority to care for someone who cannot legally or mentally care for themselves. In Florida, this may include:

Filing for guardianship or guardian advocacy
Helping you choose between limited and full guardianship
Preparing and filing court petitions
Coordinating medical evaluations
Representing you in court hearings
Ensuring guardians comply with annual reporting duties
Assisting with special needs trusts and public benefits

Your attorney’s job is to make sure your loved one’s best interests are protected while helping you follow the law every step of the way.

Five Qualities to Look for in the Best Guardianship Attorney in Orlando

1. Focuses on Guardianship and Special Needs Law

You want an attorney who regularly handles guardianship and related matters—not someone who dabbles in them. Ask how often they appear in probate court and whether they’ve worked with families like yours.

2. Knows the Local Court System

The process for guardianship can vary from county to county. An Orlando-based attorney will be familiar with the judges, clerks, and filing procedures in Orange County. That local knowledge can make the process smoother and faster.

3. Clear and Compassionate Communication

Guardianship is personal. Your attorney should explain things in a way that makes sense, answer your questions with patience, and always put your concerns first.

4. Transparent About Fees

You should know exactly what to expect in terms of legal costs. The best attorneys provide written fee agreements and don’t leave you guessing about billing.

5. Offers Long-Term Planning Guidance

The guardianship process doesn’t end in court. Your attorney should also help with planning for your loved one’s future—whether that’s preparing annual reports, setting up a special needs trust, or designating successor guardians.

Questions to Ask Before Hiring an Orlando Guardianship Attorney

How many guardianship cases have you handled in Florida?
Are you familiar with both guardian advocacy and traditional guardianship?
Will you personally handle my case or assign it to another lawyer?
How will you communicate updates to me?
Do you work with families of children with disabilities?
What do your fees include?
Can you help with estate planning or long-term care needs too?

Why So Many Families Choose Beryl Thompson-McClary

When you’re looking for the best guardianship attorney in Orlando, you want someone who takes the time to understand your family’s unique needs. I handle every case with the care and attention it deserves. I’m not just here to get you through a hearing—I’m here to make sure your loved one is legally protected for years to come.

I assist parents seeking guardianship of children turning 18, adult children seeking guardianship of elderly parents, and guardianship in high-asset divorce and disability-related matters. From your first call to your final court order—and beyond—you’ll have an experienced attorney you can count on.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Choosing the right guardianship attorney can make all the difference. If you’re ready to work with a firm that truly puts families first, call 1-888-640-2999 to schedule a consultation. I serve clients throughout Orlando and Orange County, Florida, and I’m here to help you make the best decisions for your loved one’s future.

April 14, 2025/by James

Divorce, Guardianships

Five Things Every Parent Must Do To Protect Their Special Needs Child in Florida

Legal and Practical Steps for Long-Term Security

Raising a child with special needs in Florida involves more than daily care and support. As your child grows, you’ll need to make decisions that protect their rights, finances, and access to long-term resources. Whether your child is a minor or approaching adulthood, there are legal and planning tools that can help ensure they remain protected for life.

I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I help families throughout Orange County, Florida, build secure futures for their children with disabilities. Here are five essential actions every parent should take to safeguard their child’s wellbeing—now and in the years ahead.

1. Establish a Guardianship or Guardian Advocacy When Your Child Turns 18

In Florida, a child legally becomes an adult at age 18. That means parents lose the automatic right to make decisions, access medical records, or manage finances unless they take legal action.

For many families, guardian advocacy is the most appropriate option. This simplified court process applies to adults with developmental disabilities and allows you to continue managing key aspects of their care.

If your child’s disability doesn’t fall under the guardian advocacy statute or involves broader cognitive limitations, a traditional guardianship under Florida Statutes Chapter 744 may be necessary.

2. Create a Special Needs Trust to Preserve Government Benefits

Your child may qualify for public programs like SSI, Medicaid, or housing assistance, but these programs have strict asset limits. If your child inherits money or receives gifts or legal settlements, they could lose access to essential benefits.

A Special Needs Trust (SNT) lets you set aside funds to improve your child’s quality of life without jeopardizing their eligibility. These trusts can pay for:

Therapies and medical treatments not covered by insurance
Educational programs
Recreation, hobbies, or vacations
Transportation or personal care assistance

An SNT must be carefully drafted by an attorney familiar with Florida law and public benefit regulations.

3. Designate a Pre-Need Guardian and Successor Caregivers

What happens if you’re no longer able to care for your child?

Under Florida Statute 744.3045, you can file a pre-need guardian designation with the court. This names the person you want to step in as guardian if something happens to you.

You should also:

Include a successor guardian in your estate plan
Share information about your child’s daily routines, medical history, and care preferences
Coordinate with relatives or trusted individuals who may be involved in long-term care

4. Draft a Letter of Intent

While not legally binding, a letter of intent is a powerful tool. It’s your opportunity to share everything a future caregiver or guardian should know, including:

Your child’s medical needs and doctors
Educational goals or service providers
Daily habits and preferences
Religious, cultural, or personal values

This document can be updated regularly and stored with your estate plan, guardianship records, or trust documents.

5. Work With an Experienced Guardianship Attorney

These decisions are too important to handle without legal guidance. As an Orlando Guardianship Attorney, I help parents:

Establish guardianship or guardian advocacy
Draft and fund special needs trusts
Prepare long-term care plans and estate documents
Coordinate benefits and avoid common legal mistakes

You don’t have to wait for a crisis. By acting early, you can give your family peace of mind and ensure your child is cared for well into the future.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Your child’s safety, stability, and dignity matter—today and always. If you’re ready to build a legal and financial plan that truly protects your child with special needs, I’m here to help. Call 1-888-640-2999 to schedule your consultation and take the first step toward long-term peace of mind.

April 14, 2025/by James

Divorce, Guardianships

When Should Parents Seek Guardianship for a Special Needs Child Turning 18?

A Critical Milestone for Florida Families with Special Needs Children

In Florida, the law considers everyone to be an adult at age 18, with full legal rights to make medical, financial, and personal decisions. For parents of children with special needs, this legal milestone can create challenges if the child is unable to make informed decisions on their own. If your child has a developmental or cognitive disability and is approaching adulthood, guardianship may be necessary to ensure continued protection and support.

I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I help parents across Orange County, Floridaprepare for this important transition. If your child is turning 18 soon and you need legal guidance, call 1-888-640-2999 to schedule a consultation.

What Changes at Age 18?

When a child turns 18 in Florida, they become legally responsible for themselves. This means:

Parents can no longer access medical records or make healthcare decisions
Parents cannot legally manage finances or apply for benefits on their child’s behalf
Schools, doctors, and service providers are no longer permitted to speak with parents without written consent

If your child has a disability that prevents them from making safe, informed decisions, it may be time to consider guardianship.

When Should Parents Begin the Process?

You can begin the guardianship process when your child is 17 years and 6 months old. This allows enough time to file paperwork, attend a court hearing, and obtain legal authority by the time your child turns 18.

Starting early is important because guardianship is not automatic. Even if you’ve been caring for your child their whole life, Florida law requires a court to formally approve a guardianship or guardian advocacy appointment.

Types of Guardianship for Special Needs Adults in Florida

Florida offers two main options:

Guardian Advocacy

Under Florida Statute 393.12, this option is designed for adults with developmental disabilities such as autism, Down syndrome, or intellectual disabilities. It does not require a full incapacity hearing and is generally faster and more affordable than traditional guardianship.

Plenary or Limited Guardianship

Under Florida Statutes Chapter 744, this option applies when the adult has broader decision-making impairments or a condition that does not fall under guardian advocacy. It requires a court determination of incapacity and a more involved legal process.

Questions to Consider Before Seeking Guardianship

Can your child understand and consent to medical treatment?
Can your child manage money or understand financial decisions?
Does your child rely on you to communicate with doctors, teachers, or employers?
Would your child be at risk of exploitation or neglect without oversight?

If you answer yes to most of these questions, it may be time to pursue guardianship.

FAQs: Guardianship for a Special Needs Child Turning 18

When should I start the guardianship process? Start when your child is 17.5 years old. That gives the court enough time to hear your case before your child turns 18.

Does guardianship mean my child loses all their rights? Not always. Florida allows limited guardianships that preserve some rights. The court will decide which decisions your child can still make.

Is guardian advocacy easier than full guardianship? Yes. Guardian advocacy is simpler and less expensive. It’s a good option for children with developmental disabilities who qualify under Florida law.

Can both parents be appointed as guardians? Yes. The court can appoint co-guardians so parents can share responsibilities.

What happens if I don’t get guardianship? You may not be able to make medical or financial decisions for your child once they turn 18. Hospitals, banks, and government agencies may refuse to speak with you.

Can my child object to the guardianship? Yes. The court appoints an attorney to represent your child and will consider their views before making a decision.

Do I need a lawyer? It’s not required, but it helps. As an Orlando Guardianship Attorney, I can prepare the court filings, help you gather medical documents, and represent you at the hearing.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

If your child is approaching adulthood and has special needs, guardianship may be the key to continuing the care and oversight they need. I can help you prepare and guide you through the legal process. Call 1-888-640-2999 today to schedule your consultation and protect your child’s future.

April 9, 2025/by James

Divorce, Guardianships

How to Plan for the Future of a Special Needs Adult After the Guardian’s Death

Securing Lifelong Care and Stability in Florida

For many families in Orlando and throughout Florida, planning for the future of an adult child with special needs is a deeply personal priority. If you are a guardian or caregiver, one of your most important responsibilities is preparing for the day when you are no longer able to fulfill that role. Whether due to age, illness, or unexpected death, planning ahead ensures your loved one will have continued care, housing, financial stability, and legal protection.

I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I work with families across Orange County, Florida, to create lasting plans that support individuals with disabilities for the rest of their lives. If you’re ready to put a plan in place, call 1-888-640-2999 to schedule a consultation.

The Importance of Future Planning for Special Needs Adults

Guardianship provides the legal authority to make decisions for an adult who cannot make them independently. But it does not automatically transfer to someone else when the guardian dies. Without a plan in place, your loved one could face a gap in care, benefit interruptions, or court proceedings to appoint a new guardian.

Planning ahead means putting legal and financial safeguards in place now so your child or dependent continues receiving the support they need with as little disruption as possible.

Legal Tools to Protect Your Loved One After Your Death

Several legal strategies can help ensure continued care for your loved one after your passing:

Successor Guardian Designation

Under Florida Statute 744.312, you can nominate a successor guardian in your will or in a pre-need guardian designation. This person must still be approved by the court, but your nomination carries significant weight. A successor guardian should be someone who knows your child well and is capable of managing their care and legal responsibilities.

Pre-Need Guardian Declaration

Florida allows you to file a pre-need guardian designation with the court. This document names who you want to take over as guardian if you become incapacitated or pass away. Filing it with the court now helps avoid future disputes or delays.

Special Needs Trust (SNT)

A Special Needs Trust allows you to set aside money or property to support your child without disqualifying them from SSI, Medicaid, or other public benefits. You can name a trustee who will manage the funds according to your instructions after your death.

Under Florida and federal law, assets held in an SNT are not counted against income or asset limits for public benefit programs. Trust funds can be used for:

Personal care attendants
Therapy or medical needs not covered by Medicaid
Hobbies, recreation, and travel
Transportation and assistive technology

Letter of Intent

While not a legal document, a letter of intent provides guidance to your successor guardian or trustee. It can include:

Medical history
Daily routines
Likes and dislikes
Educational or vocational goals
Preferred housing options
Religious or cultural considerations

This document helps others step into your role with a clear understanding of your loved one’s needs.

Coordinating Guardianship With Estate Planning

As part of your estate plan, you should consider:

Naming the successor guardian in your will
Establishing a Special Needs Trust
Coordinating with family members who will be involved in future care
Ensuring beneficiary designations on life insurance and retirement accounts do not name the individual directly (which could affect benefits)

These steps help ensure your wishes are followed, and your child is protected.

FAQs: Planning for a Special Needs Adult After a Guardian’s Death

What happens if I die without naming a successor guardian? The court will need to appoint a new guardian, which could take time and lead to disagreements among family members. If no one is available or willing, the court may appoint a professional guardian.

Can I name more than one person to serve as a guardian? Yes, Florida allows co-guardians or successor guardians. You can name multiple people in order of preference.

Will my child lose their SSI or Medicaid if they inherit from me? Yes, if they receive the funds directly. That’s why you should leave assets in a Special Needs Trust, which preserves eligibility for benefits.

What is the difference between a guardian and a trustee? A guardian manages personal, legal, and medical decisions. A trustee manages funds in a trust. These roles can be filled by the same person or different individuals.

Can I use life insurance to fund a Special Needs Trust? Yes. In fact, many families purchase a policy specifically to fund an SNT after their death. Make sure the trust is the beneficiary—not your child directly.

Do I need a lawyer to create these documents? Yes. These are complex legal arrangements with long-term consequences. As an Orlando Guardianship Attorney, I can help you prepare valid, enforceable documents that reflect your wishes.

What if my child lives in a group home or supported living facility? Planning should include coordination with care providers and ensure that whoever steps into your role understands how to maintain those services.

Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation

Planning for your own death is never easy, especially when you care for someone who depends on you. But preparing now can prevent confusion, stress, and hardship for your loved one. If you want to create a solid plan for your special needs child or dependent, I’m here to help. Call 1-888-640-2999 to schedule a consultation and protect your family’s future.

April 9, 2025/by James