Legal Protection and Practical Support for Lifelong Care Needs
Orlando is known for its family-centered communities and commitment to inclusivity. For many families here in Central Florida, long-term care planning for a loved one with special needs is not just a future concern—it’s a daily reality. Whether your adult child has autism, Down syndrome, or another developmental or cognitive condition, one of the most important decisions you may face is whether guardianship is necessary to support their long-term needs.
As an experienced Guardianship Attorney in Orlando, I help families make informed, thoughtful decisions about how to care for loved ones who cannot fully care for themselves. I assist parents, relatives, and caregivers throughout Orange County, Florida who are working to build secure, long-term plans for their adult children with disabilities. Whether you are considering guardianship or exploring alternatives, I can help you understand your rights, the legal process, and how Florida law applies to your unique situation. To discuss your case, call my office at 1-888-640-2999 to schedule a consultation.
Understanding the Connection Between Guardianship and Long-Term Care
Guardianship is a legal tool that allows a trusted individual to make personal, medical, or financial decisions for another person who has been determined to lack the capacity to make those decisions on their own. When an individual with special needs reaches adulthood, parents often lose the automatic legal authority to act on their child’s behalf. This can create gaps in care if the child cannot manage essential tasks independently.
Long-term care planning includes not only financial and housing arrangements but also decisions about medical treatment, daily support, and public benefits. Guardianship becomes one of the ways to ensure that a designated caregiver has the legal authority to act when necessary—whether it’s approving a surgery, managing benefits, or placing the person in a residential care facility.
Guardian Advocacy Under Florida Law
In Florida, guardian advocacy is a simplified form of guardianship specifically for individuals with developmental disabilities. It is established under Florida Statutes §393.12, which allows a court to appoint a guardian advocate without the need for a formal incapacity hearing. This is especially helpful for families with adult children who have conditions such as:
- Autism
- Cerebral palsy
- Down syndrome
- Spina bifida
- Prader-Willi syndrome
- Phelan-McDermid syndrome
- Intellectual disabilities
These conditions must have originated before age 18 and be expected to continue indefinitely. Guardian advocacy is often part of the long-term care strategy for families who want to support their child’s independence while also protecting their health and legal rights.
When Full Guardianship May Be Necessary
For adults with special needs who do not fall under Florida’s guardian advocacy statute or whose conditions involve more complex decision-making needs, traditional guardianship under Florida Statutes Chapter 744 may be required. This process involves:
- A court-ordered capacity evaluation by a three-member examining committee
- A hearing to determine legal incapacity
- The appointment of a guardian for the person, the property, or both
Traditional guardianship provides broader legal powers and more court oversight than guardian advocacy. It is typically required for individuals whose cognitive impairments arose after age 18 or whose limitations involve multiple areas of functioning, including managing money, signing contracts, and making healthcare decisions.
Guardianship and Public Benefits
One of the most important aspects of long-term care planning for special needs adults is preserving eligibility for public benefits such as:
- Supplemental Security Income (SSI)
- Social Security Disability Insurance (SSDI)
- Medicaid
- Medicaid Waiver Programs
- Housing vouchers or other federal support
Guardianship does not, in itself, disqualify an individual from receiving these benefits. However, financial management must be done carefully. For example, if a guardian unintentionally causes the ward to exceed resource or income limits, it could jeopardize eligibility.
That’s why many families pair guardianship with additional planning tools such as:
- Special Needs Trusts (SNTs) – Used to hold assets for the benefit of the individual without affecting SSI/Medicaid eligibility
- ABLE Accounts – Tax-advantaged savings accounts that do not count toward SSI asset limits
- Representative Payees – Designated individuals or organizations who manage government benefits on behalf of the beneficiary
An experienced Orlando Guardianship Attorney can help ensure that your loved one’s benefits remain protected and used appropriately.
Guardianship: Supporting Autonomy and Oversight
Guardianship does not have to be all or nothing. In many cases, courts in Florida can issue limited guardianships, which preserve some of the individual’s rights while assigning specific decision-making areas to the guardian. This might include:
- Medical care only
- Financial management only
- Education-related decisions
The court tailors the guardianship order based on the individual’s needs and abilities. This balance is often crucial for special needs adults who may be capable of handling some parts of their lives with support, but not all.
The guardian is also required to submit regular reports to the court, which may include:
- A plan of care
- An inventory of assets
- Annual accountings
- Updates on living conditions and services received
This oversight helps ensure the adult’s well-being and provides a level of protection against abuse or neglect.
Why Legal Representation Matters
As a Guardianship Attorney in Orlando, I work with both sides of these matters—parents seeking to support their child, and individuals who want to retain as much independence as possible. Whether we are pursuing guardian advocacy or full guardianship, my goal is to build a plan that meets your loved one’s needs while following Florida law closely. These cases are deeply personal, and no two families face the exact same situation.
If you are thinking about how to care for your adult child with special needs, I invite you to schedule a consultation. We’ll review your options and responsibilities, including what kind of guardianship—if any—makes sense in your situation.
To speak with me about long-term care and guardianship planning, call 1-888-640-2999. I represent clients throughout Orange County, Florida, and I’m here to help you understand your rights and obligations under Florida law.
FAQs – Guardianship and Long-Term Care for Special Needs Adults in Florida
Does getting guardianship mean I can’t let my child make any decisions on their own?
No. Florida allows for limited guardianships and guardian advocacy arrangements that preserve many of your child’s rights. If your child is capable of making certain decisions, we can structure the legal arrangement to reflect that, so they remain as independent as possible.
Will my child lose their SSI or Medicaid if I become their guardian?
Not if everything is set up properly. Guardianship does not disqualify someone from government benefits. However, guardians must manage assets carefully to ensure the individual does not exceed income or resource limits. I often help families set up Special Needs Trusts or ABLE accounts to protect benefits.
What’s the difference between guardian advocacy and full guardianship?
Guardian advocacy is a simpler court process available for adults with specific developmental disabilities. It does not require a full incapacity hearing. Traditional guardianship involves more court oversight and applies to a wider range of disabilities, including those acquired later in life.
Is there a way to plan for my child’s future care if something happens to me?
Yes. Part of long-term care planning includes choosing a successor guardian, setting up a life care plan, and creating financial tools like trusts. These steps help ensure your child continues to receive the support they need if you can no longer provide it.
Can someone object to me becoming my child’s guardian?
It’s possible. Other family members, service providers, or even the court-appointed attorney may raise concerns. That’s why it’s important to work with an attorney who can help you present a clear, well-documented plan for your child’s care.
Do I have to go to court to become a guardian advocate?
Yes. Even for guardian advocacy, a petition must be filed in court, and a judge must approve your request. The court also appoints an attorney to represent your adult child during the process. I help families prepare for these hearings and ensure all legal requirements are met.
How often do I have to report to the court as a guardian?
You’ll generally need to file an initial plan and then annual reports that update the court on your child’s care, living situation, and finances if you are managing assets. These reports ensure accountability and protect your child’s best interests.
Contact Orlando Attorney Beryl Thompson-McClary at 1-888-640-2999 For A Consultation
If you’re caring for an adult with special needs and have questions about guardianship and long-term care planning, I’m here to help. Let’s discuss how to create a legal structure that supports your loved one now and into the future.
