Attorney at Law
When a child with special needs turns 18 in Florida, parents may lose the legal right to make important decisions about healthcare, education, and finances. Establishing guardianship helps ensure your child continues to receive the protection and guidance they need into adulthood. Understanding when and how to petition for guardianship can make this transition smoother and less stressful for your family.
Why Guardianship May Be Necessary at Age 18
Under Florida law, all individuals are presumed legally competent once they reach 18, regardless of disability. This can create challenges for parents who have always managed their child’s personal and financial matters. Guardianship allows parents or another responsible adult to retain the authority to make certain decisions on the young adult’s behalf.
Common areas where guardianship may be appropriate include:
- Medical treatment and healthcare decisions
- Educational planning and services
- Financial management and government benefits
- Housing and daily living support
Guardianship ensures that your child’s best interests remain protected, particularly if they are unable to understand or communicate decisions independently.
Understanding the Types of Guardianship in Florida
Florida recognizes several forms of guardianship depending on the individual’s level of independence. Selecting the right type is key to balancing autonomy and protection.
- Guardian of the Person: Manages healthcare, living arrangements, and daily welfare.
- Guardian of the Property: Handles financial matters, benefits, and assets.
- Plenary Guardianship: Provides full authority over personal and financial affairs when total assistance is needed.
- Limited Guardianship: Grants authority only over specific areas where help is required, allowing the person to retain other rights.
We can help you evaluate your child’s capabilities and recommend the most appropriate guardianship type for their needs.
What Is Guardian Advocacy in Florida?
Guardian advocacy is a unique legal process designed for adults with developmental disabilities who need help making certain decisions after turning 18. It offers a simpler and less restrictive alternative to traditional guardianship under Florida Statutes §393.12.
Unlike standard guardianship, guardian advocacy does not require proving incapacity through a full medical evaluation. Instead, the court reviews documentation showing that the individual has a developmental disability diagnosed before age 18, such as autism, Down syndrome, cerebral palsy, or intellectual disability, and identifies the areas where assistance is needed.
You can file a Petition for Guardian Advocacy up to six months before your child’s 18th birthday, allowing time for the court to review documentation and issue an order before your child reaches adulthood. Early filing helps ensure there’s no gap in legal authority once your child turns 18.
A guardian advocate may be authorized to help with:
- Health care and medical treatment decisions
- Residential placement or housing
- Education and vocational programs
- Managing public benefits or limited finances
This process allows parents or caregivers to continue supporting their adult child without removing all their rights, ensuring dignity and independence remain protected.
How to Begin the Guardianship Process
For traditional guardianship (not guardian advocacy), the process begins by filing a petition for determination of incapacity and a petition for the appointment of a guardian in the local probate court. Here’s what you can expect:
- Evaluation: The court appoints an examining committee of professionals to assess the individual’s capacity.
- Hearing: A judge reviews the committee’s findings and decides whether guardianship is necessary.
- Appointment: If approved, the guardian is appointed and must take an oath and complete required training.
- Reporting: Guardians and guardian advocates must file regular reports with the court to demonstrate ongoing oversight of the individual’s welfare and affairs.
Because this process involves medical and legal assessments, it’s best to start planning several months before your child’s 18th birthday.
Alternatives to Guardianship
Guardianship is not the only option. In some cases, less restrictive alternatives may be appropriate, such as:
- Durable Power of Attorney for financial matters
- Health Care Surrogate Designation for medical decisions
- Supported Decision-Making Agreements, newly recognized under Florida law, allow adults with developmental disabilities to choose trusted supporters to help them make decisions without formal guardianship
We can help you explore whether these tools might work for your family before pursuing formal guardianship.
Planning Early for a Smoother Transition
The shift to adulthood can feel sudden, especially when legal responsibilities change overnight. Planning early helps reduce uncertainty and ensures continuity in your child’s care. Begin discussing potential guardianship and alternatives when your child is 16 or 17, so you have time to gather medical evaluations and legal documentation.
Protecting Your Child’s Future with Legal Guidance
Transitioning your special needs child to adulthood is both emotional and complex. Guardianship ensures their continued care and security under Florida law, but every situation is unique. At Tupper Law, we’ll guide you through each step, from filing petitions to attending court hearings, so your child’s transition is handled with compassion and care.
Call Tupper Law today to schedule a consultation and start preparing for your child’s future with confidence.