When Your Child with Special Needs Turns 18

On your child’s 18th birthday, Florida law considers them a legal adult — no matter their diagnosis or abilities. Overnight, parents lose the automatic authority to make medical, financial, and educational decisions. Doctors can decline to share information; schools and agencies can require your adult child’s consent. For families of children with autism, Down syndrome, cerebral palsy, and other developmental disabilities, planning for this transition is one of the most important legal steps you’ll ever take.

Guardian advocacy: Florida’s streamlined path

For adults with developmental disabilities, Florida offers guardian advocacy under Section 744.3085 of the Florida Statutes — a simpler alternative to full guardianship. There is no requirement to declare your child incapacitated, the process is faster and less adversarial, and it lets parents (or other caring adults) continue making the decisions their child needs help with — health care, education, finances — while preserving the rights their child can exercise.

Less-restrictive options may fit your family

Not every young adult needs a guardian advocate. Depending on your child’s abilities, a durable power of attorney and health care surrogate designation (signed by your child if they have the capacity to understand), supported decision-making arrangements, or a simple release authorization may be enough. We help you choose the least-restrictive option that truly protects your child.

Protecting benefits with a special needs trust

An inheritance, savings account, or court settlement in your child’s own name can disqualify them from SSI and Medicaid. A properly drafted special needs trust lets you set aside money for your child’s future — housing, therapies, quality of life — without jeopardizing the government benefits they rely on. It’s a cornerstone of every special needs estate plan.

Start before the 18th birthday

The best time to begin is around your child’s 17th birthday, so everything is in place the day they turn 18 — no gap in your ability to act. If your child is already over 18, it’s not too late; we can help you catch up.

Simani Law, PA helps families throughout Palm Beach, Broward, and Miami-Dade counties — in person in Boca Raton or virtually. Call (561) 226-3933 to talk through your family’s situation.