Attorney at Law
In Florida, an adult who wants help receiving information and communicating decisions may use a supported decision-making agreement while continuing to retain their own legal decision-making authority. It is especially useful for a person with a disability, including a young adult turning 18, who needs trusted support but does not need someone else to take over decision-making.
Florida law recognizes this agreement as a limited legal tool that allows a trusted agent to receive information and help communicate the principal’s own decisions. The agent cannot make decisions on behalf of the principal, bind the principal, or act in the principal’s place.
Who Qualifies for a Supported Decision-Making Agreement in Florida?
Florida’s statute uses the terms “principal” and “agent,” rather than limiting the agreement to one diagnosis, disability, or family situation. The person using it should be able to understand that they are choosing a helper, decide what support they want, and communicate their own decisions with help.
This option may fit:
- An adult with an intellectual or developmental disability
- A student with an IEP who is preparing to turn 18
- A young adult who wants a parent to keep helping with school, medical, or service-related communication
- A person who can make decisions but has trouble collecting records or explaining choices
- A family considering whether guardianship or guardian advocacy gives another person too much control
Can a Student Turning 18 Use Supported Decision-Making?
Yes. Florida transition planning rules for students with disabilities now include supported decision-making agreements, along with powers of attorney, guardian advocacy, and guardianship. Schools must provide this information at least one year before the student reaches age 18.
That timing matters because educational rights generally transfer to the student at 18. A supported decision-making agreement may allow a parent or another trusted person to stay involved without asking a court to transfer decision-making authority.
What Can a Supporter Do Under the Agreement?
A supporter, called an agent under Florida law, has a limited role. The agreement may allow the agent to:
- Help obtain information for the principal, including certain health, educational, or other protected records, when authorized under applicable privacy laws
- Help the principal communicate with third parties
- Relay the principal’s communications, decisions, and directions
The supporter does not get final say. The agreement is built around the principal’s own decisions. Florida law also says a communication made by the principal with help from the agent may be recognized as the principal’s communication.
When Is Supported Decision-Making Better Than Guardianship?
Supported decision-making may be a better fit when the person can make choices with help and does not need a court-appointed decision-maker. It can preserve more independence and keep family involvement focused on support instead of control.
Florida guardianship and guardian advocacy proceedings now ask courts to look at whether the person uses assistance to exercise rights, including supported decision-making, and why that help is not enough if someone is asking for court involvement. In guardian advocacy cases for people with developmental disabilities, courts must consider the person’s needs and abilities, including the ability to exercise rights with appropriate assistance.
That does not mean supported decision-making works in every case. If a person cannot understand decisions even with help, if documents must be signed by someone with legal authority, or if safety concerns require stronger protection, another legal option may be needed.
How Do You Choose the Right Supporter?
Choose someone the principal trusts and can communicate with openly. The supporter should be patient, reliable, and willing to follow the principal’s choices, even when they would have chosen differently.
Before signing, talk through what records the supporter may access, which schools or providers may need the agreement, and how the supporter will help without taking over. We may also review whether another document, such as a health care surrogate designation, should be part of the plan.
Ready to Choose the Right Level of Support?
Supported decision-making can give your family a way to plan for adulthood while keeping the person at the center of the decision. The right choice depends on the person’s abilities, risks, and goals.
If you are preparing for a child’s 18th birthday, reviewing guardianship alternatives, or are unsure which Florida planning tool fits your family, Tupper Law can help you compare your options. Contact us to talk about a supported decision-making agreement and the steps that may protect your loved one’s rights.