How Guardian Advocacy Supports Adults with Disabilities in Florida

By: Lisa Goddy, Esq.

Families who care for a child with a developmental disability often ask the same question as the 18th birthday approaches:

“How can I stay involved in their medical care, education, and daily decision-making once they become an adult?”

Florida’s guardian advocacy process was created to answer that question. It offers a way for parents and caregivers to continue supporting a child as they reach adulthood, while still needing help navigating important life decisions.

As an elder law attorney, I see many families wrestling with this transition. Their love is steady, but the legal landscape can feel unfamiliar and intimidating. A clear explanation—and a few real stories—often helps bring the process into focus.

Understanding Guardian Advocacy in Florida

Guardian advocacy allows a court to appoint a trusted person, usually a parent or close relative, to assist an adult with a qualifying developmental disability. Unlike traditional guardianship, which requires a formal incapacity determination, guardian advocacy recognizes that some individuals need help only in certain areas while remaining independent in others.

To qualify, the disability must have originated before age 18. Conditions listed in Florida law include intellectual disability, autism, cerebral palsy, spina bifida, Down syndrome, Phelan-McDermid syndrome, Prader-Willi syndrome, and other similar developmental conditions.

The court considers the person’s abilities, the parent’s concerns, and the specific types of decisions for which support is needed. Many adults continue to make their own decisions in areas where they’re comfortable and capable. The guardian advocate becomes involved only when guidance is truly needed. The court’s aim is to provide the right amount of support while allowing the individual to maintain as much independence as possible.

A Family Story Showing How Guardian Advocacy Provides Support

Consider a young man we’ll call Daniel. Diagnosed with autism and an intellectual disability, Daniel communicates comfortably with people he knows, but medical appointments overwhelm him. When doctors present treatment options or request consent, he often cannot process the information well enough to give informed approval.

For years, Daniel’s mother guided these decisions. When he turned 18, however, his medical providers could no longer rely on her direction without proper legal authority.

Through guardian advocacy, the court allowed Daniel’s mother to continue helping with medical and educational decisions. Daniel still chooses what he wants for dinner, where he spends his time, and the hobbies he enjoys. The process simply gave his mother the legal tools to step in when decisions became complex or when his safety required it.

Families often feel reassured when they learn that guardian advocacy does not remove all of a person’s rights. It recognizes the individual’s abilities while creating a legal structure for support where it is genuinely needed.

How the Guardian Advocacy Process Works

The process begins with a petition filed in the local circuit court. This document explains the individual’s disability, identifies the areas where support is needed, and names the person who wishes to serve as guardian advocate. Medical records, school evaluations, and insights from caregivers help the court develop a clearer understanding of the individual’s abilities and the level of assistance that may be appropriate.

A hearing follows, allowing the judge to review information, speak with the family, and determine which rights—if any—should be delegated. These may include:

• medical and mental health decisions
• educational decisions
• access to confidential records
• residential or support-service decisions
• management of government benefits

Once the court enters its order, the guardian advocate receives authority only in the specific areas the judge has approved. The individual keeps all remaining rights.

Guardian advocates also have ongoing duties, including staying in regular contact with the person they support and submitting any reports the court requires. These safeguards help the court monitor the arrangement and ensure the individual’s well-being.

When Guardian Advocacy Is the Right Fit for a Family

Guardian advocacy can be a compassionate and practical solution when an adult child has lifelong developmental disabilities and needs ongoing support with significant decisions. That said, it is not always the appropriate approach.

If the individual is able to understand and willingly sign documents such as a durable power of attorney or a health care surrogate designation, those options may address their needs. When a disability arises later in life or does not fall within the statutory definitions, traditional guardianship or a different planning approach may be more appropriate.

The most effective solution depends on the individual’s abilities, level of understanding, and the support they need. Meeting with an attorney who works regularly in elder law and guardianship can help families sort through their options and determine the approach that best serves their situation.

Common Questions About Guardian Advocacy

Will my adult child lose all their rights?

No. The court removes or delegates only the rights that the individual cannot safely exercise. All other rights remain intact.

Can guardian advocacy be changed later?

Yes. If the person’s abilities improve or needs change, the court can modify or end the arrangement.

What if my child doesn’t have a formal diagnosis yet?

Guardian advocacy is limited to certain developmental disabilities outlined in Florida law. When there is uncertainty about eligibility, an attorney can help determine whether guardian advocacy or another planning approach is the better option.

Bottom Line

Guardian advocacy can be an effective way to support a loved one while respecting their independence. It provides parents and caregivers with a clear legal structure as their child moves into adulthood and helps ensure that the level of support reflects the individual’s abilities and needs.

If your family is approaching this transition or would like guidance on whether guardian advocacy is the right option, our Elder Law team is here to help you explore your choices. I may be reached at lisa.goddy@henlaw.com to schedule a consultation.