Unique Legal Considerations for Long-Term Support and Protection
Conservatorships for Adults with Developmental Disabilities in Orlando
In Orlando, many families face the question of how to provide legal and financial protection for loved ones with developmental disabilities as they transition into adulthood. Turning 18 means every individual, regardless of capacity, is legally recognized as an adult. Parents lose the automatic authority they once had to make financial, educational, and healthcare decisions.
That’s where conservatorship—known under Florida law as guardianship—may come into play. I’m Beryl Thompson-McClary, an Orlando Conservatorship Lawyer. I guide families through the process of seeking conservatorship for adults with developmental disabilities, balancing the need for protection with respect for individual independence. If you’re considering this option, I encourage you to call my office at 1-888-640-2999 to schedule a consultation.
Why Conservatorship May Be Considered
For some adults with developmental disabilities, decision-making support is crucial for financial stability and personal safety. A conservatorship (or guardianship) may be sought when:
- The individual cannot manage money, housing, or daily expenses
- There’s a risk of financial exploitation or abuse
- Medical care decisions require formal authority
- Educational or vocational decisions need ongoing oversight
- No power of attorney or advance planning document exists
Families often pursue conservatorship not to control their loved one’s life, but to ensure legal authority to act in their best interests.
Florida Law on Guardianship for Adults with Developmental Disabilities
Florida Statutes Chapter 744 governs guardianship, while Chapter 393 focuses on services for individuals with developmental disabilities. Together, these laws create pathways for families seeking legal authority while promoting the least restrictive alternatives.
Key points:
- Under § 744.331, incapacity must be established by a three-member examining committee. This can be complex when the disability is developmental rather than acquired.
- Courts often grant limited guardianships, allowing the individual to retain as many rights as possible while giving the guardian authority over specific areas such as finances or healthcare.
- Guardians must submit annual accountings and reports to ensure continued oversight.
Balancing Protection with Independence
One of the unique challenges is balancing support with autonomy. Many adults with developmental disabilities are capable of making decisions about daily living, friendships, or personal preferences, but may need help with financial or medical matters.
Florida courts favor limited guardianships in these cases. This means the guardian has authority only in defined areas, leaving the ward free to exercise rights they can handle independently. The goal is to avoid unnecessary restriction.
Court Oversight and Family Responsibilities
Families often assume guardianship is a one-time process, but in Florida, the court maintains ongoing oversight. A guardian (or conservator) must:
- File an initial inventory of the ward’s assets
- Submit annual accountings of income, expenses, and property management
- Report annually on the ward’s condition and well-being
This oversight ensures accountability and prevents misuse of the ward’s finances. It also requires families to maintain detailed records, something I assist my clients with as part of ongoing legal representation.
Alternatives to Conservatorship
Conservatorship is not always the right solution. Florida law encourages the use of less restrictive alternatives when possible. These may include:
- Supported decision-making agreements
- Durable power of attorney
- Healthcare surrogates or proxies
- Representative payees for Social Security benefits
- Special needs trusts for managing assets without jeopardizing benefits
In many cases, a tailored combination of these tools provides sufficient protection without the formality of conservatorship.
Why Work with an Orlando Conservatorship Attorney
Every family’s situation is different. Some need only financial oversight, while others require broader authority. I work with families in Orlando and throughout Orange County to evaluate their needs, prepare petitions, and guide them through hearings. I also advise on alternatives where guardianship may not be necessary.
If you’re considering conservatorship for a loved one with developmental disabilities, call 1-888-640-2999 to discuss your options.
FAQs – Florida Conservatorships for Adults with Developmental Disabilities
Does every adult with developmental disabilities need a conservatorship?
No. Many adults with disabilities can live independently, work, and make their own decisions. Conservatorship is only appropriate when the person cannot manage essential aspects of their life and no less restrictive option is adequate.
What’s the difference between full and limited guardianship in Florida?
A full guardianship removes most rights from the ward, while a limited guardianship allows the person to retain certain rights. For adults with developmental disabilities, limited guardianships are common to preserve as much independence as possible.
Can parents remain legal guardians after a child with disabilities turns 18?
No. Once the child turns 18, they are legally recognized as an adult. Parents must petition the court for guardianship to retain legal authority over financial, medical, or other major decisions.
How does the court decide which rights to remove?
The examining committee evaluates the individual’s ability to handle various aspects of life—finances, medical decisions, contracts, voting, marriage, etc. The court then tailors the guardianship order to remove only the rights the person cannot manage safely.
Are there financial reporting requirements?
Yes. Guardians must file inventories and annual accountings of the ward’s property and income. The court reviews these reports to ensure the guardian is fulfilling their fiduciary duty.
What alternatives can avoid conservatorship?
Alternatives include durable powers of attorney, healthcare surrogates, representative payees, and special needs trusts. Supported decision-making agreements are also increasingly used to balance autonomy with support.
What happens if the guardian doesn’t act in the ward’s best interests?
Any interested person can petition the court to remove a guardian for mismanagement, abuse, or neglect. The court can appoint a replacement guardian if necessary.
Call Orlando Conservatorship Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation if you are considering conservatorship for a loved one with developmental disabilities. We provide guidance on petitions, alternatives, and long-term support planning throughout Central Florida.
