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.
