Floridians with disabilities are getting closer to a legal pathway to make their own decisions

By: Jackie Llanos

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

For four years, Michael Lincoln-McCreight has tried to convince Florida lawmakers to grant people with disabilities a legal path to make their own choices. That could come true this session because the proposal he’s been advocating for is headed to the Senate and House floors.

When a court deems a person with a disability unable to make decisions for themselves, it places them under a guardianship. Lincoln-McCreight was in that situation for two years — during which, he says, his guardian was abusive and even kept him from leaving the house. He found a way out of the guardianship through an arrangement called supportive decision-making, which restored his ability to make his own choices.

That’s allowed under existing law, but the bill would codify these arrangements as a legal standard.

“Back in 2016, I won my rights back and I became the first person in Florida to get supported decision-making recognized. I started working with Disability Rights Florida. I chaired a campaign called ‘I decide,’ which is basically … trying to get a law passed,” Lincoln-McCreight told Florida Phoenix.

“Florida would be part of other states that actually already have a supported decision-making law, so it’s going to just add to how good of a product that supported decision-making is.”

Supportive decision-making agreements could provide Floridians with disabilities an alternative before they are placed under a guardianship. Courts would have to explain why they want to place a person in guardianship over the less restrictive method of supportive decision-making.

Although the arrangements vary depending on the person’s ability, the proposal would keep intact the person’s autonomy to have a final say over what happens in their life while allowing “supporters” to obtain information on the person’s behalf and communicate their wishes.

Eighteen states and D.C. have enacted laws recognizing supportive decision-making agreements, according to the Center for Public Representation, a national legal advocacy center for people with disabilities.

Reps. Allison Tant, a Democrat representing Jefferson and Leon counties, and Traci Koster, a Republican from Hillsborough, co-sponsored the House proposal, HB 73. The topic is personal for Tant because she has a son with Williams Syndrome, a rare genetic condiction with symptoms including developmental delays. She believes the bill could finally become law this session. So far, neither the Senate nor House proposals have drawn any opponents.

“This is going to help so many families. Not only will it help families, it’s going to help people like Michael and my son. … When we first started this four years ago, there was no traction between Disability Rights Florida and the legal side of this. I could not get the sides to work together,” Tant said Thursday during a meeting of the Health and Human Services Committee. “Second year, we had a bill that we really worked hard on but just couldn’t get it to the finish line. We finally have this work product.”

This is the furthest the supportive decision-making measures have made it in the House. Lincoln-McCreight hopes to be there if Gov. Ron DeSantis signs the bill into law.

“My mission: Get this in front of the governor and have him sign it into law because this is going to open doors for people to make outstanding decisions. I went from being in a guardianship to working in my dream job at Universal Orlando Resort as a food and beverage associate,” Lincoln-McCreight said.

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Floridians with disabilities are getting closer to a legal pathway to make their own decisions