Alternatives to Guardianship in Florida

Florida courts are required to consider less-restrictive alternatives before appointing a guardian, as established under Florida Statutes § 744.462. For many adults with developmental disabilities — including those with autism, Down syndrome, or intellectual disabilities — a combination of planning documents can provide families with legal authority to help their loved one without removing their civil rights entirely.

Key alternatives include: a Supported Decision-Making Agreement (a written arrangement where the individual chooses trusted supporters to help them make decisions, without transferring legal authority); a Durable Power of Attorney (§ 709.2101, authorizing an agent to manage financial affairs); a Health Care Surrogate Designation (§ 765.202, authorizing someone to make medical decisions); and a Representative Payee (an SSA-authorized person to receive and manage SSI payments on behalf of a beneficiary).

Many adults with autism are capable of making many or most of their own decisions — and Florida courts have increasingly emphasized preserving that autonomy. Carlos Aguila has spoken publicly on guardianship and its alternatives at the Autism Speaks Summit.

We recommend starting this evaluation at least 12–18 months before a child with disabilities turns 18.

Call (305) 967-8554 to discuss alternatives to guardianship for your family.