The freedom to drive a car, choose a job, live wherever we want, vote, get married, and more are freedoms that many of us enjoy every day without question.
However, adults living with intellectual or developmental disabilities will likely not enjoy the same freedoms if they are placed under guardianship.
That could change with new legislation.
House Bill 73 was recently signed into law by Governor Ron DeSantis and will take effect on July 1. The bill provides a pathway for people with intellectual disabilities to regain their independence while also providing support as they make life decisions.
Supported decision-making is now an option that must be considered by law before a more restrictive guardianship can be court ordered.
The bill, introduced by Rep. Allison Tant, D-Fla., is a step back from guardianship that would allow people with intellectual disabilities to still vote, marry and have a say in where they live and work.
Her office explained how the bill would help people with disabilities.
First, there will be a new section in Florida’s power of attorney chapter that will allow individuals with developmental disabilities to enter into supported decision-making agreements with their representatives. Second, it will require courts to consider the particular capabilities and needs of individuals with developmental disabilities and whether a supported decision-making agreement is appropriate for them.
Finally, supported decision-making contracts would be added to the list of resources offered to students with disabilities ages 18-22 who are enrolled in K-12 schools and whose parents wish to remain involved in educational decision-making.
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Michael Lincoln-McCreight is the first person in the state to be removed from a guardianship and granted a supported decision-making agreement by a judge. He was removed from foster care due to age restrictions and given a court-ordered guardianship, but he says he doesn’t trust the person. He felt uneasy and contacted a disability rights group to get back in front of a judge.
“I couldn’t see my friends, I couldn’t see my family, I couldn’t even do the self-improvement activities that I wanted to do. I was basically a prisoner,” said Lincoln McCreight, who said the judge found the guardianship too restrictive for him.
“And obviously the judge understood that he’s a human being, he has a mind, he has a vote, he can make his own decisions. Why is he under a conservatorship?” Lincoln McCreight said.
He’s currently under SDM and has his dream job at Universal Orlando. He lives with roommates, has a girlfriend, has his driver’s license, and could get married one day if he wants. Before he makes any big decisions, he has someone on his side to make sure he’s making the right choice.
“One of them is Colleen. She’s like a mother to me. I call her regularly and say, ‘Hey, what do you think about all this?’ and she’s like, ‘No… you wouldn’t do that!'” Lincoln McCreight laughed.
He had worked hard for four years to get this legislation passed and was ecstatic when it finally passed.
“This just shows how important people with disabilities actually are in our state and in people’s lives,” Lincoln McCreight said.
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“I cannot thank Disability Rights Florida, The Florida Bar’s Real Estate and Probate Section and The Florida Bar’s Elder Law Section enough for the calls, meetings and work they did to get this bill passed,” Tant said in a press release. “This bill is one of the strongest, if not the strongest, decision-making bills supported in the country, and I am honored that it will serve as a model for other states to follow.”
“Today is a monumental day for Floridians with developmental disabilities. With HB 73 taking effect, a new era of empowerment and independence begins,” wrote Rep. Dana Traboulsi (R-FL), a co-sponsor of the bill. “This bill not only ensures that all Floridians have the opportunity to live independent and fulfilling lives, it strengthens our commitment as a Legislature to inclusion and independence for all Floridians. With HB 73 in place, we will usher in a future where Floridians with developmental disabilities can confidently approach important life decisions without losing their independence.”
This makes Florida the 17th state to enact supported decision-making legislation.
This is not to say that guardianship is inappropriate – it is essential in certain cases – and the law will ensure that support for adults with special needs will no longer be a one-size-fits-all approach.