Guardian Advocacy vs. Guardianship in Florida: What Parents Should Know

If you’re the parent of a child with intellectual or developmental disabilities, turning 18 is a huge milestone—and not just because of birthday cake.

In Florida, turning 18 means legal adulthood, even if your child still needs help making major life decisions. So what now? That’s where Guardian Advocacy and Guardianship come in.

Let’s break down the differences, when each one applies, and how to protect your child without unnecessary court oversight.

First Things First: What Is Guardian Advocacy?

Guardian Advocacy is a special guardianship process in Florida for adults with certain intellectual or developmental disabilities who need help making life decisions, but don’t need full guardianship.

It’s designed to be:

• Less complicated;

• Less expensive; and

• Less invasive.

  
  

It gives parents (or other caregivers) the legal authority to assist their adult child, without taking away more rights and independence than necessary.

What Is Guardianship?

Guardianship is a more formal court process. It typically involves:

• Multiple mental health evaluations;

• A court determination of incapacity;

• A finding that the person cannot manage personal or financial affairs;

• Appointment of a guardian to take over decision-making.

  
  

Guardianship often removes most or all of an adult’s rights, like the right to contract, manage their own property, determine their residence, to make their own medical decisions and many more. It is much more restrictive and is meant to be a last resort.

When Guardian Advocacy Might Be Right.

Your child must have a qualifying developmental disability, such as:

• Autism

• Cerebral palsy

• Down syndrome

• Intellectual disability

• Phelan-McDermid syndrome

• Prader-Willi syndrome

• Spina bifida

  
  

Other conditions may still apply, but the condition must have manifested before age 18. You’ll also need to show that your child lacks some (but not necessarily all) capacity to make decisions.

Common areas for help:

• Making Medical decisions

• Handling Finances

• Choosing Living arrangements

• Education

Why Parents Often Choose Guardian Advocacy?

It’s tailored to support, not control and it allows for more independence than traditional guardianships. It’s faster and more affordable than full guardianship, and is based on collaboration, not total incapacity.

In many cases, Guardian Advocacy gives the right balance of protection and respect for your child’s autonomy

When Guardianship Might Be More Appropriate.

If your loved one:

• Has a condition that does not qualify for Guardian Advocacy

• has a condition that manifested AFTER age 18

• Is unable to make decisions at all

  
  

…then full guardianship may be necessary. This involves more court procedures, but may be the best way to ensure safety and support.

What About Power of Attorney or Health Care Surrogates?

If your child is able to understand and sign legal documents, you might avoid court entirely. Since capacity is a spectrum, even someone with a disability could still have the legal capacity needed to sign:

• A durable power of attorney

• A health care surrogate designation

  
  

This is ideal for higher-functioning individuals who need help, and have enough understanding to know they can't do it on their own.

Final Thoughts

Turning 18 doesn’t mean your child stops needing support. It just means you'll need the proper legal tools to keep helping.

Whether you go the Guardian Advocacy route, full guardianship, or something else — the key is choosing the path that fits best and that respects your child’s dignity while keeping them safe.

👋 Need help figuring out what fits your family? We’ve helped many Florida parents make this transition with compassion and clarity.