Law to promote alternative to guardianship goes into effect

by Danielle DaRos

TALLAHASSEE, Fla. (CBS12) — A new law goes into effect Monday that directs judges to consider a less restrictive alternative to guardianships, called Supported Decision Making.

For years, the CBS12 News I-Team has been reporting on the problems in Florida's guardianship system, in which incapacitated people lose all of their rights, access to money, and too often, become victims of abuse.

Now, a new law requires judges to consider Supported Decision Making for Floridians with disabilities, who do not need full-fledged guardianship. 

Instead of having a professional guardian exercise complete control over an individual in a restrictive court-ordered arrangement, Supported Decision Making allows an individual to maintain their freedom and rights. The individual has trusted advisors, like friends, relatives, mentors, pastors, etc., that help them make certain decisions.  

"I'm hearing from families all over the state about how much this is going to help them," Rep. Allison Tant, D-Tallahassee said. She said under guardianships, families used to have to go to court to help their loved ones make decisions.

Rep. Tant has been advocating for a Supported Decision Making law for years and finally saw it pass this year with unanimous support in the legislature.

Disability Rights Florida supported the passage of the law, and celebrated by calling it a "huge win" when Gov. DeSantis signed it last month.

"It’s really important to have other options," said Caitlyn Clibbon, Director of Community and Healthcare Services for Disability Rights Florida. "If there’s any way for a person to maintain their rights, whether that’s through power of attorney or through someone helping to make decisions through supported decision making, [we want to] to preserve everyone’s rights to the greatest extent possible."

A Port St. Lucie man named Michael Lincoln McCreight was an inspiration for the Supported Decision Making law. Three years ago, the I-Team profiled his journey of breaking out of a guardianship using the Supported Decision Making model. He was the first Floridian to do so. 

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Law to promote alternative to guardianship goes into effect