New Florida law allows people with intellectual developmental disabilities to maintain rights

By Cody Butler

TALLAHASSEE, Fla. (WCTV/Gray Florida Capital Burau) - Florida residents who have developmental disabilities now have a chance to live more independently.

An estimated 50,000 people across Florida live under court-ordered guardianship. Advocates are hoping that number will drop under a new state law.

The new law requires judges to consider the needs and abilities of a person with a developmental disability when determining whether to appoint a guardian advocate or allow a supported decision-making authority agreement. Michael McCreight was the first person in Florida to get one of those agreements.

“This is a very exciting day for people with intellectual developmental disabilities,” McCreight told state lawmakers in February. “After being in a very abusive guardianship, by my own guardian and being held hostage from my family and my friends, not being able to do any of the volunteer work that I fought to do.”

Guardianships involve someone else making decisions for people in their care including where they live and how they spend their money. Meanwhile, supported decision-making authority takes a more consultative approach.

Disability Rights Florida Director of Community and Healthcare Services Caitlyn Clibbon said supportive decision-making is not as restrictive as a guardianship.

“It’s rights preservation. All of us have rights and I think everyone wants to be able to protect their rights and keep their rights,” Clibbon said.

Dina Justice, Arc of Florida’s chief operating officer, said supportive decision-making allows people to gain authority over their life decisions.

“Individuals with intellectual development disabilities can make decisions on their own. Everybody is different. Everybody will talk to their family, friends or peers to help them make these decisions just like you and I would,” Justice said.

Under the new law, schools will also be required to provide information to adult students with developmental intellectual disabilities about their options for Supported Decision-Making Authority.

“This is going to open doors to people to make outstanding decisions. I went from being in a guardianship to working my dream job at Universal Orlando Resort,” McCreight said.

The Florida Department of Elder Affairs is working on creating a guardianship database under a state law passed a couple of years ago.

Those experiencing issues with a registered professional guardian can file a complaint with the state and petition to transition to the Supported Decision-Making Authority.

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New Florida law allows people with intellectual developmental disabilities to maintain rights