When your autistic child turns 18, they become a legal adult. Many parents hear right away that they "need guardianship." Florida law takes a different starting point: it favors the least restrictive support that works, and it asks courts to consider alternatives first. This guide compares the main options, from supported decision-making to full guardianship, so you can think about which fits your young adult. The choice depends on your child's abilities and wishes, and a Florida attorney can help you decide.
What changes legally at 18?
At 18, "the disability of nonage" is removed (s. 743.07), and parents lose the automatic authority they had over a minor. Florida law also protects adults with developmental disabilities from assumptions about their capacity. Section 393.12(1)(a) says a person with a developmental disability "may not be presumed incapacitated solely by reason of his or her acceptance in nonresidential services or admission to residential care." For health care, s. 765.204(1) says incapacity "may not be inferred from the person's voluntary or involuntary hospitalization for mental illness or from her or his intellectual disability."
The Legislature's stated intent for guardianship (s. 744.1012(2)) is "to make available the least restrictive form of guardianship to assist persons who are only partially incapable of caring for their needs and that alternatives to guardianship and less restrictive means of assistance, including, but not limited to, guardian advocates, be explored before a plenary guardian is appointed."
What is a supported decision-making agreement?
Florida created supported decision-making agreements in 2024 (chapter 2024-242, Laws of Florida, effective July 1, 2024). Section 709.2209(1) defines one as:
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.
Under s. 709.2209(3), the agreement "may only include" authority to obtain information (including health information under HIPAA, education records under FERPA, and certain substance use treatment records) and to assist the person "in communicating with third parties, including conveying the principal's communications, decisions, and directions." A communication made with the agent's help "may be recognized as a communication of the principal."
Two limits matter. The agreement "is not a durable power of attorney," and "any language of durability ... is of no effect" (s. 709.2209(2)), so it does not continue if the person later loses capacity. And because it is a form of power of attorney, it is signed under Florida's power of attorney rules, which require the principal's signature, two subscribing witnesses and a notary acknowledgment (s. 709.2105(2)). For more detail, see supported decision-making agreements in Florida.
What is a guardian advocate?
A guardian advocate is a court-appointed decision-maker designed for people with developmental disabilities, including autism. Under s. 393.12(2)(a), a circuit court "may appoint a guardian advocate, without an adjudication of incapacity, for a person with developmental disabilities, if the person lacks the decisionmaking ability to do some, but not all, of the decisionmaking tasks necessary to care for his or her person or property or if the person has voluntarily petitioned." The court must consider "the person's ability to independently exercise his or her rights with appropriate assistance, and may only delegate decisionmaking tasks that the person lacks the decisionmaking ability to exercise."
Since 2024, the petition must address the alternatives. It must:
6. Identify any other type of guardian advocacy or alternatives to guardian advocacy that the person has designated, is in currently, or has been in previously and the reasons why alternatives to guardian advocacy are insufficient to meet the needs of the person;
7. 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 to allow the person to independently exercise the person's rights.
Protections for the person include a court-appointed attorney within 3 days of filing (s. 393.12(5)), the right to attend the hearing, present evidence and choose an open or closed hearing, and a "clear and convincing evidence" burden of proof (s. 393.12(6)). If a valid advance directive or durable power of attorney "will sufficiently address the needs" of the person, "a guardian advocate may not be appointed" (s. 393.12(7)(a)). See guardian advocates in Florida.
What is guardianship under chapter 744?
Guardianship requires a court to find that the person is incapacitated. Within 5 days after a petition to determine incapacity is filed, the court appoints a three-member examining committee, one of whom must be a psychiatrist or other physician (s. 744.331(3)). A limited guardian exercises only the rights the court specifically designates, after a finding that the person lacks capacity for "some, but not all" tasks. A plenary guardian exercises "all delegable legal rights and powers" after a finding that the person lacks capacity for all of them (s. 744.102).
Even then, the person keeps important rights, including the right to "have continuing review of the need for restriction of his or her rights," "to be restored to capacity at the earliest possible time," "to remain as independent as possible," and "to receive visitors and communicate with others" (s. 744.3215(1)). An order can remove rights such as the rights to marry, vote, drive, travel or seek employment (s. 744.3215(2)). A guardianship petition must explain "the reasons why a guardian advocate under s. 744.3085 or other alternatives to guardianship are insufficient" (s. 744.334(1)).
How do the options compare?
| Supported decision-making agreement | Guardian advocate | Guardianship (limited or plenary) | |
|---|---|---|---|
| Statute | s. 709.2209 | s. 393.12 | ch. 744 |
| Court involved? | No; signed with two witnesses and a notary | Yes, a petition and hearing | Yes, incapacity proceedings with an examining committee |
| Finding of incapacity? | No | No | Yes |
| Who makes the decision? | The young adult, with help | The guardian advocate, only for delegated tasks | The guardian, for the rights the court removes |
| Can the helper sign for the person? | No: cannot "bind or act on behalf of" the person | Yes, within the delegated tasks | Yes, within the guardian's powers |
| Rights kept | All | All rights not specifically delegated | Rights listed in s. 744.3215(1) and any not removed |
| Continues if capacity is lost? | No, not durable | Yes, until changed by the court | Yes, until changed by the court |
| How it ends or changes | The person can revoke it in writing | Suggestion of restoration of rights (s. 393.12(12)) | Restoration proceedings in court |
Families often combine tools. For example, a young adult might sign a supported decision-making agreement for school and medical information, a health care surrogate designation, and a durable power of attorney with specific grants for finances. See health care surrogate or power of attorney and guardianship vs guardian advocate.
A decision checklist for families
Work through these with your young adult and, where possible, the people who know them well:
- What does your young adult want? Ask in the way they communicate best, and write down their answers.
- Which decisions do they make well now with explanation, visuals, extra time or a trusted person to talk to?
- Which decisions are hard even with support: complex medical consent, contracts, money, housing?
- Is the risk about understanding or about pressure? Some young adults understand choices but are vulnerable to being pressured or exploited.
- Will documents be enough? If your young adult can understand and sign a supported decision-making agreement, a health care surrogate designation or a durable power of attorney, Florida law treats those as alternatives a court must consider.
- What happens in an emergency? Florida's health care proxy statute (s. 765.401) lets a parent make health care decisions in some situations when no surrogate or guardian exists, after a guardian, spouse or adult child.
- Who will help long term, including when parents are no longer able to?
If most answers point to "they can decide with help," supported decision-making and documents may be enough. If your young adult cannot make some decisions even with help and documents will not cover them, a guardian advocate for those specific tasks may fit. Plenary guardianship is meant for people who lack capacity for all decisions. A Florida attorney can review your situation.
What about school, and ABA after 18?
At least 1 year before your child turns 18, the school must give you both information on the rights that transfer at 18 and ways to keep you involved, including FERPA consent, powers of attorney, guardian advocacy, guardianship and supported decision-making agreements (s. 1003.5716(1)(d)).
For therapy, the difference is practical. After 18, your young adult consents to their own ABA unless a court has given that decision to someone else. A supported decision-making agreement lets you receive information and help them communicate with the team, but it does not let you sign consent for them. Hope Center's approach is assent-based, which means we look for a person's own willingness to take part at every age. Our staff can also join doctor visits and IEP meetings where allowed. To talk about ABA for your teen, contact us or call 561-337-8865.
This page explains Florida law in general terms. For advice about your young adult, talk with a Florida attorney who handles guardianship and disability planning.