Understanding Florida’s Legal Protections for Adults With Special Needs
Families in Florida who have a loved one with developmental disabilities often need legal authority to assist with medical, financial, and personal decisions. When a child with special needs turns 18, parents no longer have automatic decision-making authority. Guardianship is one way to ensure continued care and protection while preserving the individual’s rights.
I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I assist families seeking guardianship for adults with developmental disabilities. If you need legal guidance in securing the right level of protection for your loved one, call my office at 1-888-640-2999 to schedule a consultation.
What Is Guardianship for Adults With Developmental Disabilities?
Guardianship is a court-supervised process where a guardian is appointed to make decisions on behalf of an adult who is unable to make certain decisions independently. Unlike traditional guardianship, Florida law provides a streamlined process called guardian advocacy, designed specifically for individuals with developmental disabilities.
Under Florida Statute 393.12, guardian advocacy allows family members or trusted individuals to assist an adult with developmental disabilities without requiring the court to declare them legally incapacitated.
Who Qualifies for Guardian Advocacy in Florida?
To qualify for guardian advocacy, an individual must:
- Have a diagnosed developmental disability, such as autism, cerebral palsy, intellectual disability, Down syndrome, or Prader-Willi syndrome
- Have the disability before the age of 18
- Be unable to make certain decisions without assistance, but not necessarily be deemed legally incapacitated
Because this process does not require a full incapacity determination, it is less restrictive than traditional guardianship and allows individuals to retain certain rights whenever possible.
Responsibilities of a Guardian Advocate
A guardian advocate may be responsible for:
- Medical Decisions: Providing consent for treatments, medications, and surgeries
- Education and Employment Decisions: Assisting with special education plans, job placements, and vocational training
- Living Arrangements: Determining safe and appropriate housing options
- Financial Management: Overseeing Social Security benefits, bank accounts, and financial planning
The level of authority granted depends on the court order, and some individuals may retain certain decision-making rights based on their capabilities.
Alternatives to Guardianship for Adults With Developmental Disabilities
Guardianship is not always necessary if other legal arrangements can provide sufficient support. Some alternatives include:
- Power of Attorney (POA): If the individual has the capacity to understand and sign legal documents, they may designate someone to manage financial or medical affairs.
- Healthcare Surrogate: This allows an individual to name someone to make medical decisions if they become unable to do so.
- Supported Decision-Making: Involves family and trusted advisors helping the individual make choices without full guardianship.
- Special Needs Trusts: Protects financial assets while preserving eligibility for government benefits.
An Orlando Guardianship Attorney can help evaluate whether guardianship or an alternative option is best for your family’s situation.
How to Apply for Guardian Advocacy in Florida
The process of applying for guardian advocacy involves:
- Filing a Petition: Submit a petition with the court outlining why guardian advocacy is necessary.
- Providing Medical Documentation: A doctor’s certification confirming the individual’s developmental disability is required.
- Attending a Court Hearing: The court will review the petition and determine what rights the individual will retain or transfer.
- Completing Training Requirements: Guardian advocates must complete an approved educational course on their responsibilities.
Once the court approves the guardian advocacy, the guardian must provide periodic reports to the court detailing the ward’s well-being and financial management.
FAQs About Guardianship for Adults With Developmental Disabilities in Florida
Does guardian advocacy remove all rights from an individual?
No. The court determines which rights are retained and which are assigned to the guardian advocate. The goal is to provide support while allowing the individual as much independence as possible.
What if my child turns 18 and I don’t have guardianship in place?
Without guardianship or an alternative arrangement, medical providers, financial institutions, and schools may not allow parents to make decisions on behalf of their adult child. It’s best to plan ahead to avoid complications.
Can more than one person be a guardian advocate?
Yes. Co-guardians can be appointed, allowing multiple family members to share responsibilities.
Is guardian advocacy permanent?
Not necessarily. If the individual gains the ability to make decisions independently, the court may modify or terminate the guardianship.
What happens if a guardian advocate fails to fulfill their duties?
The court monitors guardians and can remove them if they fail to act in the best interests of the ward. Another guardian advocate may be appointed.
Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you need to establish guardianship for an adult with developmental disabilities, I can help guide you through the legal process. Call 1-888-640-2999 today to discuss the best options for protecting your loved one’s future.
