Many parents have a decision to make when they have a special needs child turning 18. At the
age of 18, the child now becomes an adult in the eyes of the law meaning the parent can no
longer make decisions for the child unless the child signs a durable power of attorney for
financial decision making or the parents become the special needs adult’s guardian advocate.
Patents need to consider what is best for the young adult and the law prefers to err on the side of
the least restrictive alternative. This article will go over the two options and highlight the key
distinctions to consider when deciding between the two options.

Guardian Advocacy in Florida:

1. Legal process: Court-appointed
2. Applicable to: Adults with developmental disabilities
3. Scope: Broad authority over personal and financial decisions
4. Duration: Ongoing until court terminates
5. Oversight: Court supervision required

Power of Attorney and Health Care Directive:

1. Legal process: Voluntary designation by the individual
2. Applicable to: Any competent adult
3. Scope: Limited to specific powers granted in the document
4. Duration: Can be effective immediately or upon incapacity
5. Oversight: No court supervision

Key distinctions:

• Guardian advocacy involves court intervention, while POA/health care directives are
  private arrangements
• Guardian advocacy is specific to those with developmental disabilities, while
  POA/directives can be used by anyone
• Guardian advocacy provides broader authority, while POA/directives are more limited in
  scope

The broad authority granted under guardian advocacy in Florida is quite comprehensive.
Some key points to highlight:

1. The authority covers both personal and financial aspects of the individual's life.
2. Guardian advocates are expected to act in the best interest of the person, not merely make
decisions for them.
3. There's an emphasis on promoting independence and involving the person in decisions
where possible.
4. The court can tailor the authority granted based on the individual's specific needs and
capabilities.

Other considerations:

1. Can the young adult understand and sign a power of attorney and health care directive?
2. Are they willing?
3. Will these documents also protect the young adult from financial predators?
4. Will creating documents give the necessary oversight or would guardian advocacy be a
better choice?

As an elder law attorney I can assist parents and the young adult in making the best decision for
their situation and guide them through either process once they decide.