• Full (Plenary) Guardianship, Florida Statute 744.102 (8)(b)
• Limited Guardianship, Florida Statute 744.102 (8)(a)
• Emergency Temporary Guardianship, Florida Statute 744.3031
• Voluntary Guardianship, Florida Statute 744.341
• Preneed Guardian, Florida Statute 744.3045
• Guardian Advocate (Mental Health) Florida Statute 394.4598
• Guardian Advocate (Developmental Disabilities) Florida Statute 744.3085
• Guardian Advocate (Developmental Disabilities) Florida Statute 393.12

The information below has been modified from resources shared by The Disability Rights Florida and Project10 Transition Information network.

What Happens When Someone Turns 18?

When someone turns 18 years old, they become an adult and are usually responsible for themselves and thier educational decisions unless a legal process gives some of that responsibility to a parent or guardian. Here are some things that change when a person turns 18:

• They gain certain rights and access to records that their parents or guardian used to handle. This includes the right to know and agree to evaluations, invite more people to meetings about their education, and make decisions about specialized education and related services. Parents are still informed about meetings, but the rights now belong to the student. An 18-year-old can also allow their parents or other adults access to their educational records by giving permission.
• If a person received Supplemental Security Income (SSI) benefits for a disability, they may lose those benefits as an adult, depending on their disabilities. Before their 18th birthday, their eligibility will be reviewed using different standards for adults.
• Their health insurance coverage may change. In Florida, dependent coverage is required to be offered until the dependent reaches 30 years old. Adults who are covered under someone else’s health insurance should check the details of their policies.
• An 18-year-old can vote. In America, people can vote at age 18 unless a court declares them unable to make decisions. To register to vote in Florida, one must be 18 years old on Election Day, a U.S. citizen, and a legal resident of the county where they plan to vote. Young people can register to vote at age 16 or any time after that. Registration forms are available at government offices and from county supervisors of elections. Voting is important because it lets you have a voice in making laws and policies.
• Young men are required to register for military service. Within 30 days of turning 18, all males, unless institutionalized or hospitalized, must register with the Selective Service.

What is Guardianship?

Guardianship is a legal arrangement that takes away an adult’s right to make decisions about certain parts of their life. A court decides that the person is not capable of making these decisions on their own. The person under guardianship is called a “ward.”

In Florida, the law says that even if a guardian has been appointed, they still have to think about what the person wants and let them be part of decisions about their life, as much as possible.

Whether a person can agree to a decision or not depends on how complicated and important the decision is. Some people who understand that they need help with making decisions might not need a guardian. They might just need advice, information, and support to consider other choices. There are other options instead of guardianship that can meet these needs.

Florida has different types of guardianship according to its laws. You can find more information about alternatives to guardianship in the next section.

Restoration of Capacity:

Restoration of Capacity is a legal option for individuals who have been assigned a guardian to have some or all of their rights reinstated. If the person under guardianship has regained the ability to exercise these rights since the guardianship proceedings, they can pursue the restoration of rights. This process involves going through the Court.

ALTERNATIVES TO GUARDIANSHIP

Family and Friends

Sometimes, when a person needs help with their personal and financial matters, the support and care of their family and friends can be sufficient to assist them in managing those affairs.

Supported Decision-Making

Supported Decision-Making is a process that we all go through when we make choices in our lives. Every day, we require assistance in decision-making. Sometimes, when service providers use specialized terms or unfamiliar language, like a car mechanic mentioning “OEM part” or “catalytic converter,” or a doctor recommending a “CAT Scan,” it can be difficult to understand. In such situations, we depend on trustworthy individuals such as friends, family members, advocates, or anyone we trust to help us comprehend. Once we receive the necessary information and guidance regarding the situation and the steps we should take, we become capable of making well-informed decisions. This is the essence of Supported Decision-Making.

Advanced Directives

This document expresses a person’s wishes regarding healthcare or other important matters in advance. It is important that the person is of sound mind and capable of giving informed consent when signing this document. Some examples of such directives are:

Durable Power of Attorney: This legal document grants specific decision-making authority to a designated person. A DURABLE power of attorney remains valid even if the person becomes incapacitated and continues until their death.

Living Will: A legal document that guides the provision, withholding, or withdrawal of life-prolonging medical procedures if the person is unable to make decisions due to a terminal illness or being in a persistent vegetative state.

Health Care Surrogate: A written document that appoints another person as a representative to make medical decisions on one’s behalf if they are unable to do so themselves. This document can include instructions about preferred treatments or preferences, similar to a living will. It is also possible to designate an alternate surrogate. It is important to discuss the responsibilities with the designated individuals and provide them with a copy of the document.

It is crucial to have at least two witnesses when creating an advance directive. The laws governing health care advance directives can be found in Chapter 765 of the Florida Statutes, which is available at local libraries or online at www.leg.state.fl.us.

ADDITIONAL WEB BASED RESOURCES

Lighting the Way to Guardianship: A Manual for Individual and Families

Planning Is Crucial: Guardianship & Alternatives

Educator Guide to Legal Rights

Getting Ready for When Your Teen Reaches the Age of Majority: A Parent’s Guide

Cost for Guardianship

Project10 transition education network Resource Page

CONSIDERING AGE OF MAJORITY, TRANSFER OF RIGHTS AND DECISION MAKING OPTIONS