Finding the Right Balance of Support and Independence
When a loved one has a developmental disability or struggles with decision-making, families often wonder what legal options are available to help them. In Florida, there are three main choices: Guardianship, Guardianship Advocacy, and Supported Decision-Making (SDM). Each option provides a different level of assistance and legal authority, and choosing the right one depends on the individual’s needs and abilities.
Guardianship: Full Legal Authority Over Decisions
Guardianship is the most restrictive option, requiring a court to declare a person legally incapacitated. Once guardianship is granted, the guardian is given control over the individual’s major life decisions, including healthcare, finances, and legal matters. This option is typically used when a person is unable to manage their own affairs due to a severe intellectual disability, brain injury, or mental illness. Because guardianship removes many legal rights, it should only be considered when there are no less restrictive alternatives available.
Guardianship Advocacy: A Middle Ground for Individuals with Developmental Disabilities
For individuals with developmental disabilities, Florida offers a less restrictive option called Guardianship Advocacy. Unlike full guardianship, this does not require the person to be declared legally incapacitated. Instead, a guardian advocate is appointed by the court to assist in certain areas, such as medical decisions or financial matters, while the individual retains some of their rights. This option is commonly used for individuals with conditions such as autism, Down syndrome, or cerebral palsy who may need assistance but still have the ability to make some decisions independently.
Supported Decision-Making: A New, Flexible Alternative
A newer option in Florida, Supported Decision-Making (SDM), became law on July 1, 2024. Unlike guardianship or advocacy, SDM does not involve the courts. Instead, the individual enters into an agreement with a trusted supporter who helps them understand their choices and communicate their decisions. The supporter does not have legal authority over the person but provides guidance as needed. This option is ideal for individuals who can make decisions with assistance but want to retain full independence.
Which Option is Right for You?
Choosing between these three options depends on the level of assistance an individual needs. Full guardianship is best for those who cannot make decisions for themselves at all. Guardianship advocacy provides help while allowing the person to retain some rights. Supported Decision-Making is the least restrictive and allows individuals to stay in control of their own lives with help from a trusted supporter.
If you’re considering one of these options for a loved one, it’s important to understand the legal implications of each choice. Seeking professional guidance can help ensure that you select the best path to balance support, independence, and legal protection.
Lori Vella is an Estate Planning and Business Attorney. She works virtually throughout Florida and New York, but has her home office in Tampa, Florida. She is mom to a little boy which ignited the passion for helping other families. She and her son enjoy car rides, playgrounds and taking mini-adventures. They also have an organic garden that surprisingly yields vegetables. Lori considers herself well-versed in Seinfeld and welcomes any trivia!
Disclaimer: The Law Office of Lori Vella’s website contains general information directed to Florida residents. This firm does not intend to give legal advice through its pages and/or blog. If you need legal advice, we encourage you to find an attorney licensed in your state. This language on this website does not create an attorney-client relationship between you and this firm.