Ensuring Continued Legal Protection for Your Adult Child
When a child with special needs turns 18, parents often face new legal challenges. In Florida, once an individual reaches adulthood, parents no longer have automatic decision-making authority, even if their child has significant disabilities. If your child is unable to make important financial, medical, or personal decisions independently, establishing guardianship can ensure their continued care and protection.
I’m Beryl Thompson-McClary, an Orlando Guardianship Attorney, and I help families through the process of transitioning a special needs child to guardianship. If your child is approaching adulthood and you need legal guidance, call 1-888-640-2999 to schedule a consultation.
Why Is Guardianship Necessary at Age 18?
Under Florida law, when a child turns 18, they are legally considered an adult and gain full decision-making rights. This applies even if the individual has an intellectual or developmental disability that limits their ability to make informed choices. Without legal authority, parents cannot:
- Make medical decisions or access health records
- Manage financial affairs, including government benefits
- Arrange for appropriate living situations or education programs
Guardianship provides a legal framework to continue supporting your child’s needs while preserving their rights as much as possible.
Types of Guardianship Available in Florida
1. Guardian Advocacy
For individuals with developmental disabilities, guardian advocacy is a simplified form of guardianship under Florida Statute 393.12. It does not require a court to declare the individual fully incapacitated. This option is available for adults with disabilities such as:
- Autism
- Cerebral palsy
- Intellectual disabilities
- Down syndrome
- Prader-Willi syndrome
Guardian advocacy allows parents or caregivers to assist with medical, financial, and educational decisions while allowing the individual to retain certain rights when possible.
2. Plenary (Full) Guardianship
If the individual is unable to make decisions in multiple areas of life, plenary guardianship may be required. Under Florida Statute 744, this type of guardianship requires the court to declare the person legally incapacitated and transfers all major decision-making authority to the guardian.
3. Limited Guardianship
If an individual can make some decisions independently but needs assistance in specific areas, the court may grant limited guardianship, which allows the guardian to manage only certain aspects of their life, such as finances or medical care.
Steps to Establish Guardianship for a Special Needs Child Turning 18
- Determine the Type of Guardianship Needed
- Assess whether guardian advocacy, plenary guardianship, or limited guardianship is the best option based on your child’s abilities.
- File a Petition With the Court
- Submit a guardianship petition to the probate court in the county where your child resides.
- Provide Medical Documentation
- A physician must certify that the individual has a developmental disability or lacks the capacity to make decisions independently.
- Complete Guardian Training
- Florida law requires guardians to complete a training course outlining their legal responsibilities.
- Attend a Court Hearing
- The judge will review medical reports and testimony to determine whether guardianship is necessary.
- Receive Guardianship Approval
- Once granted, the guardian will be responsible for making decisions and filing periodic reports with the court.
Alternatives to Guardianship
Not all individuals with special needs require full guardianship. Some alternative legal options include:
- Power of Attorney – If the individual has the capacity to understand legal agreements, they can assign a trusted person to make financial and healthcare decisions.
- Healthcare Surrogate Designation – Allows an individual to appoint someone to make medical decisions if they become incapacitated.
- Supported Decision-Making – Involves trusted advisors assisting the individual without removing their legal rights.
- Special Needs Trusts – Protects assets while ensuring continued eligibility for government benefits.
An Orlando Guardianship Attorney can help determine whether full guardianship or an alternative solution is best for your family.
FAQs About Transitioning to Guardianship at Age 18
What happens if my child turns 18 and I don’t have guardianship in place?
Without guardianship or a power of attorney, you will no longer have legal authority to make decisions for your child. Medical providers, financial institutions, and schools may require court approval before allowing you to assist them.
Can more than one person serve as a guardian?
Yes, co-guardians can be appointed, allowing parents or other family members to share responsibilities.
Does my child lose all rights under guardianship?
Not necessarily. The court determines which rights the individual retains, and limited guardianships allow for as much independence as possible.
What if my child gains the ability to make decisions independently?
Guardianship can be modified or terminated if the individual demonstrates the ability to manage their affairs.
How long does the guardianship process take in Florida?
The timeline varies but typically takes a few months, depending on court schedules and the complexity of the case.
Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If your special needs child is approaching adulthood, planning ahead is essential. I provide legal guidance to ensure your child’s continued care and protection. Call 1-888-640-2999 today to discuss your guardianship options and secure the right legal arrangements for your family.
