Many autistic young adults can make their own choices when someone they trust helps them get information, understand options and speak up. Since July 1, 2024, Florida has had a written tool built for exactly that: the supported decisionmaking agreement in section 709.2209, Florida Statutes. This guide explains what the law says, what the agreement can and cannot do, and how it fits with other options at 18. It is general information. A Florida attorney can help you decide whether it fits your family.
What does Florida's supported decision-making law say?
The law was created by HB 73, chapter 2024-242, Laws of Florida, approved June 14, 2024 and effective July 1, 2024. The definition in s. 709.2209(1) reads:
"'supported decisionmaking agreement' means an agreement in which the power of attorney grants an agent the authority to receive information and to communicate on behalf of the principal without granting the agent the authority to bind or act on behalf of the principal on any subject matter."
In plain words: your young adult (the "principal") signs a document naming a supporter (the "agent"). The supporter can get information and help communicate. The supporter cannot make or sign decisions for them.
What exactly can the supporter do?
Section 709.2209(3) says the agreement "may only include" two kinds of authority:
- Getting information. To "obtain information on behalf of the principal," including protected health information under HIPAA, "educational records under the Family Educational Rights and Privacy Act," and records protected under 42 U.S.C. s. 290dd-2 or 42 C.F.R. part 2 (substance use treatment records).
- Helping communicate. To "assist the principal in communicating with third parties, including conveying the principal's communications, decisions, and directions to third parties on behalf of the principal."
Section 709.2209(4) adds that a communication the person makes with the supporter's help, within the agreement's scope, "may be recognized as a communication of the principal." So a doctor's office or school can treat what the supporter relays as the young adult's own message.
What can a supported decision-making agreement not do?
- It cannot bind the person. The supporter cannot sign a contract, consent to treatment or make a legal decision in the person's place. The definition rules out authority "to bind or act on behalf of the principal on any subject matter."
- It is not durable. Section 709.2209(2) says the agreement "is not a durable power of attorney" and "any language of durability ... is of no effect." Under s. 709.2109(1)(b), a power of attorney that is not durable ends if the principal "becomes incapacitated." Ask an attorney how that applies to your young adult.
- It does not replace planning for decisions someone else may need to make. If your young adult needs another person to consent to medical care or manage money, that requires a different document (such as a health care surrogate designation or a durable power of attorney) or a court appointment.
How is it different from other options at 18?
At 18, Florida law removes the "disability of nonage" (s. 743.07), and parents no longer have automatic authority. Families usually look at a range of options, from least to most restrictive.
| Tool | Who decides | Court needed? | Main statute |
|---|---|---|---|
| Supported decisionmaking agreement | The young adult; the supporter gets information and helps communicate | No | s. 709.2209 |
| Health care surrogate designation | The surrogate can make health care decisions or receive health information, as the document says | No | s. 765.202 |
| Durable power of attorney | The agent acts within powers specifically granted | No | ch. 709, part II |
| Guardian advocate | The guardian advocate decides only the tasks the court lists | Yes | s. 393.12 |
| Limited or plenary guardian | The guardian exercises rights the court removes after an incapacity finding | Yes | ch. 744 |
Two points tie these together. First, courts look at supported decision-making before appointing anyone. A petition for a guardian advocate must "state whether the person uses assistance to exercise his or her rights, including, but not limited to, supported decisionmaking, and, if so, why the assistance is inappropriate or insufficient" (s. 393.12(3)(a)7). Second, Florida schools must tell students and parents about supported decisionmaking agreements, along with FERPA consent, powers of attorney, guardian advocacy and guardianship, at least one year before the student turns 18 (s. 1003.5716(1)(d)).
For a closer comparison, see supported decision-making vs guardianship and health care surrogate vs power of attorney.
How do we set one up?
The statute does not include a state form. Because s. 709.2209 defines the agreement as a power of attorney, the general signing rules for Florida powers of attorney are a starting point: s. 709.2105(2) says a power of attorney "must be signed by the principal and by two subscribing witnesses and be acknowledged by the principal before a notary public." The agent must be at least 18 (s. 709.2105(1)). An attorney can confirm the formalities and draft the document.
A practical sequence many families follow:
- Talk with your young adult first. Ask who they want as a supporter and what kind of help they want: reading medical letters, joining appointments, talking with the school or a benefits office.
- Choose the scope. Decide which records the supporter may obtain (health, education, part 2 records) and which conversations they may help with.
- Use accessible materials. Explain the agreement in plain language, pictures or the person's communication system. The person signing must understand what they are agreeing to.
- Have an attorney prepare and witness it. Ask whether additional documents (a health care surrogate designation or a specific power of attorney) also make sense.
- Share copies. Give copies to doctors, the school or college disability office, and the young adult's ABA or therapy providers if they want them involved.
- Review it yearly. Under s. 709.2110(1), a principal may revoke a power of attorney "in a subsequently executed power of attorney or other writing signed by the principal." Your young adult stays in charge of whether it continues.
Does supported decision-making work for autistic adults?
It depends on the person and the decisions involved. It tends to fit when a young adult can express preferences and make choices once information is explained in a way that works for them, and when they have people they trust to help. It may not be enough on its own if someone else must be able to consent for them in an emergency or manage significant money. Many families combine tools, for example a supported decisionmaking agreement plus a health care surrogate designation that the young adult signs while they can.
Example only: a 19-year-old who uses a speech-generating device names her older sister as supporter. The sister can get her clinic records and join appointments to help her communicate, but the 19-year-old signs her own consent forms.
Skills built in ABA and school, such as asking for help, explaining choices and using a communication system, can make supported decision-making easier to use day to day. Outcomes vary, and no therapy can promise a legal result.
Where can we get help?
- A Florida attorney who handles disability planning. The Florida Bar Lawyer Referral Service is 1-800-342-8011.
- Disability Rights Florida, 800-342-0823.
- Your teen's IEP team, which must cover these options in the year before 18.
Hope Center for Behavior Change provides ABA with BCBA-written programs, RBT delivery, weekly supervision and weekly parent training, and our staff can join IEP meetings where the school allows. We do not give legal advice. To ask whether our services fit your teen, contact us or call 561-337-8865. For the bigger picture, read turning 18 in Florida.