Turning 18 is typically a joyful milestone for children and their parents. However, for a child with autism or other developmental disabilities who relies on their parents for care and decision-making, this transition can be anxiety-inducing. At 18, a child with developmental disabilities legally gains the right to make decisions concerning their medical, mental health, social, educational, and living arrangements.
For worried parents dealing with this situation, the answer is to become a guardian advocate. In Florida, the legislature has created a guardian advocacy statute, Fla. Stat. 393.12, specifically to meet this need. Although the process might appear complicated at first, it is essential for the well-being and safety of your developmentally disabled child or young adult.
The initial action is to designate one or both parents as guardian advocates, granting you the legal power to represent your child, especially during emergencies. This crucial step should be completed promptly when your child reaches 18.
The next step requires applying for government benefits, such as Supplemental Security Income (SSI) from the Social Security Administration, Medicaid benefits, or other benefits from the Agency for Persons with Disabilities (APD). When a guardian advocate is designated, the court order should clearly provide the authority to apply for these government benefits on behalf of your autistic or developmentally disabled child.
To effectively navigate this complex process and ensure your child's safety and well-being throughout, it is highly recommended to seek the help of a skilled and experienced attorney who specializes in family law or child welfare cases. Such an attorney can offer invaluable guidance through the myriad of paperwork, background checks, and court hearings involved in this significant journey. Their expertise is essential, as they are well-versed in the legal requirements and procedures that must be adhered to in order to protect your child's interests. They can help you understand the implications of each step, assist in gathering the necessary documentation, and prepare you for what to expect during court proceedings. Additionally, having an attorney by your side can provide you with peace of mind, knowing that you have a knowledgeable advocate who can represent your concerns and needs effectively. They can also help mediate any disputes that may arise and ensure that your voice is heard in legal matters that directly affect your child's future and well-being.