Michael Lincoln-McCreight (second from the left) has been advocating for Florida’s recognition of supportive decison-making for more than four years. (Photo taken on Feb. 8, 2024, by Jackie Llanos/Florida Phoenix)
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For years, Democratic Rep. Allison Tant of Tallahassee has tried to pass a law so other parents don’t have to make the same decision she did: Put their adult children with disabilities under guardianship.
Gov. Ron DeSantis signed that law on Friday, establishing a new legal pathway for Floridians with disabilities to remain autonomous while letting “supporters” obtain information on the person’s behalf and communicate their wishes.
So-called “supported decision-making” will function as a kind of power of attorney, and judges will have to consider such agreements before putting anyone with a disability under a guardianship, which heavily restricts what a person can do on their own.
“If a supporter abused or took advantage of a person with disabilities, there would be penalties, and so by putting it in the power of attorney statute, those penalties apply for anyone who abuses them,” Tant said in a phone interview with Florida Phoenix.
“That was a key issue for me, is letting them have the support that they need to make decisions with more autonomy, because everyone deserves autonomy and the dignity of autonomy, but at the same time ensuring that they had some protections if there was ever any malfeasance.”
When her son, who has Williams Syndrome, a rare genetic condition with symptoms including developmental delays, turned 18, one of his teachers recommended that Tant place him under a guardianship because as an adult he could be held liable for any incidents that happened in his public school, she said.
Tant also wanted to remain involved in decisions around his schooling. People with disabilities can remain in public school until they turn 22.
She now says it was a rushed decision.
HB 73 goes into effect on July 1. After that, courts would have to justify why they’re placing a person under guardianship over the less restrictive supportive decision-making.
Growing list of states
Floridians such as Michael Lincoln-McCreight, who testified in support of the legislation during this year’s legislative session, already have a supported decision-making agreement in place. Lincoln-McCreight, who has a developmental disability, was the first person in Florida to get a guardianship replaced by a supported decision-making agreement.
Disability Rights Florida is one of the groups that has been advocating for Florida to join the growing list of states that have codified supported decision-making.
“In my experience, a lot of folks did not know about it. Disability Rights Florida has been trying to educate as many people as possible about it for years now, but it wasn’t widely understood or known,” said Caitlyn Clibbon, the advocacy group’s director of community health services.
“So even if someone tried to use it in the context of a guardianship proceeding, the judge, if they don’t know what it is or understand it, there’s no requirement they even have to consider it,” she said.
Clibbon has been holding workshops to inform people with disabilities, their families, and attorneys about the change. She hopes to inform judges about it, too.
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