Choosing a Guardian for Your Child with Special Needs in Florida

Naming a guardian while your child is a minor

Florida lets parents name a guardian for a minor child in a will, or in a written preneed designation signed before two witnesses and filed with the clerk (§ 744.3046). The court gives strong weight to your choice. Name at least one backup, and consider separating the person who raises your child from the person who manages money.

What to look for in a guardian

• A real relationship with your child and understanding of their condition
• Patience, health and the ability to commit for many years
• Willingness to work with doctors, schools and benefit agencies
• Location, since moving can disrupt therapies and services

Planning for age 18

At 18, your child is legally an adult, even if they need significant help. Depending on their abilities, options include a guardian advocate for people with developmental disabilities (§ 393.12), a limited or plenary guardianship, or less restrictive tools such as a durable power of attorney or health care surrogate if your child can understand and sign them. Start this planning at 16 or 17.

Protect benefits with a trust

Leaving money outright to a person on SSI or Medicaid can end those benefits. A third-party special needs trust holds the inheritance for extras that improve quality of life without counting as the beneficiary's resource. Update grandparents' and relatives' plans too, so they leave gifts to the trust rather than to your child.

ABLE accounts

Florida's ABLE United program lets eligible individuals save for disability expenses without losing most benefits. It works well alongside a special needs trust.

Talk with a Florida estate planning lawyer

Trusted Elder Law & Asset Protection helps families in Pensacola, Escambia, Santa Rosa, Okaloosa and Walton counties plan ahead. Call 850-607-2222 or schedule a free Peace of Mind Strategy Session.

This article is general information about Florida law, not legal advice for your situation.