Supported Decision-Making vs. Guardianship in Florida: A Better Path for Your Loved One

By Mark Moss | March 10, 2026

When parents of children with disabilities think about the future, one question looms large: Who will make decisions for my child when I’m no longer able to?

For decades, the answer was almost always guardianship—a legal arrangement that transfers decision-making authority from the individual to a court-appointed guardian. But guardianship comes with a significant cost: the loss of fundamental right(s). The right to choose where to live. The right to manage money. The right to make medical decisions. In some cases, even the right to vote or marry.

For many families, that trade-off felt necessary. But what if there was another way?

Enter Supported Decision-Making

As of July 2024, Florida law recognizes Supported Decision-Making (SDM) as a legal alternative to guardianship. This was a landmark shift—one that prioritizes autonomy, dignity, and self-determination for individuals with disabilities.

Under SDM, a person with a disability chooses one or more trusted supporters to help them understand their options, weigh the pros and cons, and communicate their decisions. The key difference? The individual retains all of their legal rights. They remain the decision-maker. The supporter is there to assist, not to take over or make decisions unilaterally on behalf of the principal.

A Supported Decision-Making Agreement (SDMA) formalizes this arrangement. It specifies who the supporters are, what types of decisions they’ll help with (healthcare, finances, housing, education), and how that support will be provided. The agreement must be notarized and signed by two witnesses.

How SDM Differs from Guardianship

Let’s break down the key differences:

Rights

Guardianship: Rights are transferred to the guardian, often permanently.
SDM: The individual keeps all of their rights.

Control

Guardianship: The guardian makes decisions on behalf of the individual.
SDM: The individual makes their own decisions with guidance from their supporters.

Court Involvement

Guardianship: Requires court proceedings, ongoing oversight, and annual reporting.
SDM: No court involvement required—it’s a private agreement between the individual and their supporters.

Flexibility

Guardianship: Can be difficult and costlyto modify or terminate.
SDM: Can be updated or revoked at any time by the individual.

Cost

Guardianship: Court fees, attorney fees, and ongoing administrative costs.
SDM: Minimal cost to create the agreement.

When Is SDM the Right Choice?

SDM works well for individuals who can participate in decision-making with support—even if they need help understanding complex information or communicating their choices. It’s particularly valuable for young adults with intellectual or developmental disabilities who are transitioning out of the school system and into adulthood.

That said, SDM isn’t the right fit for everyone. If an individual truly cannot participate in decision-making, even with support, guardian advocacy or guardianship may still be necessary. The goal is always to use the least restrictive option that still provides adequate protection.

Florida law encourages this approach. In fact, courts are now required to consider SDM before appointing a guardian, and an existing SDMA can be presented as evidence that guardianship isn’t needed.

What Can a Supporter Help With?

Under an SDMA, supporters can assist with:

Healthcare decisions: Helping the individual understand diagnoses, treatment options, and medical paperwork—and communicating their choices to healthcare providers.

Financial decisions: Assisting with budgeting, bill-paying, and understanding financial documents.
Educational decisions: Supporting transitions from school to work or post-secondary education.
Housing decisions: Helping evaluate living arrangements and lease agreements.
Daily life decisions: Anything from employment choices to social activities.

Supporters can also help the individual access their records, attend appointments with them, and speak on their behalf when needed—all while ensuring the individual remains in control.

Building a Complete Plan

SDM is a powerful tool, but it’s just one piece of a comprehensive life plan for families with loved ones who have disabilities. A complete plan may also include:

A Special Needs Trust to protect assets without jeopardizing government benefits
A Power of Attorney for situations where SDM may not be sufficient
A Letter of Intent documenting your loved one’s preferences, routines, and needs
Beneficiary designations that won’t disqualify your loved one from SSI or Medicaid

Every family’s situation is different. What matters is finding the combination of tools that protects your loved one while honoring their autonomy.

Join Us for World Down Syndrome Day

We’re proud to celebrate the incredible individuals and families in our special needs community everyday, but especially in March. And we’re getting a head start on the festivities!

Join us on Friday, March 20th at Bitty & Beau’s Coffee for a morning filled with joy, unity, and the best coffee in Jacksonville. We’re celebrating World Down Syndrome Day a day early—because this community deserves an extra day of recognition.

Our firm is sponsoring this event, and we can’t wait to see you there.