The 18th birthday is a legal turning point for every Florida teen, and for an autistic teen it can raise real questions. Who signs at the doctor's office? Who gets the school records? Who talks to the benefits office? This guide explains what changes at 18 under Florida law, the full range of options, and when to start. It is general information, not legal advice. A Florida attorney can help you choose what fits your young adult.
What changes legally when my child turns 18?
Section 743.07(1), Florida Statutes, says the "disability of nonage is hereby removed for all persons in this state who are 18 years of age or older." From that day, your son or daughter has the rights and obligations of an adult. Parents are "natural guardians" of their minor children (s. 744.301), and that role ends at majority.
In everyday terms, this means:
- Health care. Your young adult consents to their own care. Doctors and therapists may not share health information with you without their permission or a legal document.
- School. Educational rights transfer to the student at 18. Florida schools must prepare students and parents for this at least a year ahead (more below).
- Money and contracts. Your young adult can sign contracts, open accounts and apply for benefits in their own name.
- Records. Medical and school records belong to your young adult to control.
Turning 18 does not, by itself, mean anyone thinks your young adult cannot make decisions. Florida law says a person with a developmental disability "may not be presumed incapacitated" because they receive services (s. 393.12(1)(a)).
What are the options, from least to most restrictive?
Florida offers a spectrum. Many families use more than one tool at the same time.
1. Informal supports and consent forms
Your young adult can sign releases allowing you to talk with a doctor, or give written FERPA consent so you can see school records. These are simple and easy to change.
2. Supported decisionmaking agreement (s. 709.2209)
Since 2024, Florida has a written agreement that lets a supporter "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." The supporter can obtain health, education and certain other records and help relay the person's decisions. It is not durable. See supported decision-making in Florida.
3. Health care surrogate designation (s. 765.202)
Your young adult can name a surrogate in writing, "signed by the principal in the presence of two subscribing adult witnesses." The surrogate cannot be a witness, and at least one witness must be neither spouse nor blood relative. The document can say the surrogate's authority is "exercisable immediately," without a finding of incapacity.
4. Durable power of attorney (ch. 709)
A durable power of attorney lets an agent act for the person in areas the document lists. Florida requires specific grants: general language such as authority "to do all acts that the principal can do" does "not grant any authority to the agent" (s. 709.2201(1)). Health care decisions are allowed only if "specifically granted." Signing requires two witnesses and a notary (s. 709.2105(2)).
5. Representative payee
If your young adult receives Social Security or SSI, the Social Security Administration can appoint a representative payee to manage those benefits. Florida law lists a representative payee among the "alternatives to guardianship" (s. 744.334(1)).
6. Guardian advocate (s. 393.12)
A circuit court may appoint a guardian advocate "without an adjudication of incapacity" for a person with a developmental disability who lacks decisionmaking ability for "some, but not all" tasks, or who asks for one. The court delegates only those tasks, and the person "retains all legal rights except those that have been specifically granted." Read more in guardian advocate in Florida.
7. Limited or plenary guardianship (ch. 744)
A guardianship requires a court finding of incapacity, with a three-member examining committee. A limited guardian exercises only the rights the court designates; a plenary guardian exercises "all delegable legal rights." See guardianship vs guardian advocate.
| Option | Court? | Young adult signs? | Can someone else decide? |
|---|---|---|---|
| Releases and FERPA consent | No | Yes | No, information only |
| Supported decisionmaking agreement | No | Yes | No, information and communication only |
| Health care surrogate | No | Yes | Yes, health care as the document allows |
| Durable power of attorney | No | Yes | Yes, only powers specifically granted |
| Guardian advocate | Yes | Can petition, not required | Yes, only tasks the court lists |
| Guardianship | Yes | Not required | Yes, rights the court removes |
Do courts really prefer less restrictive options?
Yes, the statutes build it in. A guardian advocate "may not be appointed" if a valid advance directive or durable power of attorney "will sufficiently address the needs" of the person (s. 393.12(7)(a)). A guardian advocate petition must also say whether the person uses supported decisionmaking and why it is not enough (s. 393.12(3)(a)7). In guardianship cases, "a guardian may not be appointed if the court finds there is an alternative to guardianship which will sufficiently address the problems of the incapacitated person" (s. 744.331(6)(b)). And chapter 744 encourages courts to consider a guardian advocate "as a less restrictive form of guardianship" (s. 744.3085).
What if there is no document and my young adult cannot decide in a medical moment?
Florida has a fallback called a health care proxy (s. 765.401). If an "incapacitated or developmentally disabled patient" has no advance directive or surrogate, decisions may be made by people in a set order. The order begins with a guardian or a guardian advocate authorized to consent to medical treatment, then the spouse, then adult children, then "a parent of the patient," then adult siblings and others. For most young adults, a parent would be the proxy only if no one in an earlier class is reasonably available. A proxy is a backstop, not a plan; many families prefer a surrogate designation signed in advance.
When should we start planning?
Earlier than most families expect. Florida's IEP rules give you a built-in timeline:
- Age 12 or 7th grade: IEP teams begin transition planning (s. 1003.5716(1)).
- At least 1 year before 18: the school must give the student and parent information on "the legal rights and responsibilities regarding the educational decisions that transfer to the student upon attaining the age of 18," including FERPA consent, powers of attorney, guardian advocacy, guardianship and "supported decisionmaking agreements" (s. 1003.5716(1)(d)).
Other things happen around 18 too. If your child receives SSI, Social Security must redetermine eligibility under adult rules (20 C.F.R. 416.987), and the rules that count parents' income ("deeming") apply only through the month the child turns 18 (20 C.F.R. 416.1165). APD's pre-enrollment Category 5 covers clients "expected to graduate within the next 12 months from secondary school" who need support for a meaningful day activity, employment or postsecondary education (s. 393.065(5)). Our year-before-18 checklist puts these in order.
Does insurance still cover ABA after 18?
It depends on the plan. Florida's autism mandate (s. 627.6686) defines an eligible individual as someone under 18 "or an individual 18 years of age or older who is in high school who has been diagnosed as having a developmental disability at 8 years of age or younger." The mandate applies only to certain fully insured large-group plans, so check your own plan. See ABA coverage after 18. Hope Center offers a free benefits check.
Where can we get help?
- A Florida attorney who handles guardianship and disability planning. The Florida Bar Lawyer Referral Service: 1-800-342-8011.
- Disability Rights Florida: 800-342-0823.
- Your teen's IEP team and ESE case manager.
Hope Center for Behavior Change provides ABA with BCBA-written programs delivered by RBTs, weekly supervision and weekly parent training, in homes, schools, daycares, our centers and the community. 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.