Floridians with disabilities applaud new law protecting their rights

by Sabrina Maggiore,Charles Frazier

Millions of Floridians with disabilities are celebrating a new law that protects their rights.

Those new protections are listed under a Florida law that took effect this week.

Under the law, courts are now required to consider what’s known as “supportive decision-making agreements” before they place someone in legal guardianship, allowing people with disabilities to appoint helpers for certain jobs.

Michael Lincoln-McCreight became the first person in Florida to end a guardianship in favor of a supported decision-making agreement. He spent four years lobbying for a change to the law after his rights were stripped from him.

Born with fetal alcohol syndrome, autism, and ADHD, Lincoln-McCreight today is living his dream life.

He’s accomplished a life-long goal of working for Universal Orlando and supports himself in his Orange County home. He says he does not take it for granted.

“I feel like I went from being a prisoner to being a free human being,” Lincoln-McCreight said.

Lincoln-McCreight says he remembers the moments he aged out of foster care, was declared incapacitated, and was placed under guardianship.

“They take all your rights away,” Lincoln-McCreight recalled. “The right to vote. The right to get married. The right to choose who your relationships are...everything is literally stripped for you.”

Lincoln-McCreight spent years in court fighting to restore those freedoms. In 2016, a doctor and judge found he could make his own decisions, and his guardianship ended in favor of supported decision-making.

“You get help with the support of family and friends that you trust,” Lincoln-McCreight said.

For the last four years, he lobbied for the new state law requiring judges to consider alternatives to guardianship, like a notirzed, supported decision-making agreement.

Matt Dietz of Nova Southeastern Law School says the informal agreements grant supporters privileges to help those with special needs.

“Think of it as a continuum between the most restrictive and the least restrictive,” Dietz explained. “Courts now have to say, ‘Okay, you’ve come here for a guardianship, what types of decisions can this person make by themselves,’ before they say ‘the person loses all of their rights.’”

For Lincoln-McCreight, the law was worth the fight.

“This is going to make not only a difference for one person but millions of Floridians with disabilities,” Lincoln McCreight said.

The law also requires third parties to recognize supported decision-making agreements.

For example, schools and hospitals must allow appointed supporters to access confidential records if the agreements are in place.

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Floridians with disabilities applaud new law protecting their rights

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

I-Team: Treasure Coast man fights for reform after ending his guardianship

by Danielle DaRos

PORT ST. LUCIE, Fla. (CBS12) — Last year, the CBS12 News I-Team brought you the story of Michael Lincoln-McCreight, the first person in Florida to get out of his guardianship through an alternative called Supportive Decision Making.

Today, he's fighting for other people with disabilities to have the same opportunity, and is winning awards and inspiring others along the way.

Michael was put into the guardianship system when he aged out of foster care. While he has a developmental disability, he is hardly incapacitated. He knew when a judge told him that he lost all of his rights, that it was wrong.

A guardian put him in a group home in Port St. Lucie and closely monitored him -- taking away his ability to use the internet, have a phone, or use his own money freely.

But Michael was able to hatch a plan: he convinced his guardian that he needed money to buy a book, and instead bought a cheap cell phone. He hid in his closet and called Disability Rights Florida, an advocacy group that got him a new lawyer and a new court evaluation.

A judge ended the guardianship and instead recommended Supported Decision Making -- meaning a team of trusted adults are in Michael's life to help him make certain decisions.

Today, he is living an independent, free, and full life with a new girlfriend, apartment on his own, and promotion at work as a security site supervisor.

He also has a busy calendar as an advocate, serving on a statewide task force to reform Florida's guardianship system.

He also works with a coalition called "I Decide Florida," which lobbies for Supported Decision Making bills.

"Every person with a disability deserves to live their own life," he said.

This year, State Representative Allison Tant introduced a bill that would require judges to consider Supported Decision Making first for people with developmental disabilities, before resorting to a restrictive guardianship.

When the bill had its first hearing in Tallahassee, Michael's name came up a lot -- held up as an example for what SDM is all about.

"Supported Decision Making has made a huge difference in Michael's life and I'm sure that with favorable votes today it will move through committees and better lives will be had," said Rep. Dana Trabulsy, who represents Michael's community in Port St. Lucie.

While he continues to reach out to lawmakers and advocates to fight for guardianship reform, Michael is getting statewide recognition, recently winning the Idelio Valdes Leadership Advocacy Award from the Florida Developmental Disabilities Council.

"[The award] goes to a person who really advocates and puts their boots to the ground to make sure people are being treated fairly and right," he said. "It shows how much I can actually grow and accomplish things. And it shows how other people with disabilities can also do the same thing."

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I-Team: Treasure Coast man fights for reform after ending his guardianship

Guardianship requests decline as knowledge of alternative legal option grows

Supportive decision-making alternative helps maintain people’s rights to make decisions

Click to Watch Video

By Emily Davies

AUBURNDALE, Wis. (WSAW) - In July 2020 Jordan Anderson and his twin, marked a milestone; the two turned 18 and became legal adults. It is a big day for anyone, but especially for children with disabilities and their families. Born 12 weeks early, the two have cerebral palsy.

The Auburndale family scheduled a hearing with the court that fall so Anderson’s parents could have legal guardianship over them to protect them and support them as they go through adulthood. In addition to planning for the two to graduate high school and prepare for their future, securing guardianship is an expected next step for many families who have children with disabilities.

Just before the hearing, Anderson attended a virtual conference that empowers people with disabilities called the Wisconsin Self-Determination Conference. He sat in on a session George Zaske, an attorney and member of the Wisconsin Board for People With Developmental Disabilities, led.

“That was the first time I’ve ever heard about supportive decision-making,” Anderson said. “Once I heard George say you might lose your right to vote, that really got my mind going.”

The sports, journalism, politics, and hunting enthusiast also learned guardianship could take away his right to hunt and make decisions.

“These are pretty significant decisions,” Zaske told NewsChannel 7. “A guardianship order can transfer all of the rights to a guardian and that guardianship order can stay in place for decades.”

After listening to the concerns and frustrations of individuals and families navigating the guardianship system, the Wisconsin Board for People With Developmental Disabilities worked with legislators to offer a less restrictive alternative. Wisconsin became one of the first five states in the country to enact the supportive decision-making law in 2018.

It is a legal document that gives the person with a disability or aging individual the ability to get support from people they trust in areas they need support, like making financial or medical decisions but leaves the ultimate decision about what to do in those circumstances up to that individual. It is a document that does not require the time or cost of going to court and is recognized by the State of Wisconsin.

“Without a law that is equally recognized the way guardianship is recognized, you know, families ran the risk of saying ‘yes, my family member wants supportive decision-making,’ but then going into a formal system like a school or a hospital and not having that recognized,” WBPDD’s executive director, Beth Swedeen stated.

Anderson learned all about the option a day before his guardianship hearing. The next morning as he was getting ready for school, he talked with his parents, shared his concerns, and told him about supported decision-making.

Anderson’s parents, like many other people looking to find ways to protect and support loved ones with disabilities, were told by attorneys they could either have guardianship over their son or no guardianship. When told about supportive decision-making, their attorneys said they had to do more research.

Since the law was introduced, guardianship requests have declined each year from 5,147 in 2017 to 4,146 by 2020. Zaske said there is still a lot of education need about supportive decision-making, noting that institutions like schools, medical facilities, financial institutions, and even judges are not aware of the different options.

“Until supportive decision-making came around, it (guardianship) was really the only option. It was kind of black and white and people over-protected their loved ones and checked a lot of options that are on the guardianship petition,” Zaske, a parent of a child with disabilities said.

As a parent, he recognized that you want to do everything to protect your child because they are not as supported in the adult world as they were as a child going through school. He noted just like all adults making their own decision, adults with disabilities may make mistakes. As long as they do not have life-threatening consequences to those decisions, there are other alternatives to help guide and protect them.

“A guardianship can be appropriate if somebody can’t recognize danger. (If) They don’t have a good sense of when they’re being exploited. But research has shown that if you give a young person, even with a cognitive disability to practice that decision-making, then, in fact, they get better at making those decisions and get a better sense of who they are and their sense of autonomy,” Zaske explained.

Swedeen said families often ask if they should go through the guardianship process first and then go to less restrictive options later, but she urged that is not recommended. She said guardianship is the most restrictive way to protect a loved one with disabilities, it costs a lot of time and money, and it can be difficult to reverse or reduce a guardianship’s restrictions after being implemented. Even if the family and individual want guardianship removed, she explained that person has already been considered legally incompetent and it is up to a judge to decide to change that label.

“So if you can start with the flexible tools and if they don’t work or if they’re not complete enough, then consider something more restrictive, that’s always going to be the easier path and the path that keeps people’s rights intact,” she said.

“I have the best parents in the world for listening to me,” Anderson smiled. He and his family decided to implement powers of attorney for medical and financial decisions, retaining Anderson’s rights, but providing him less restrictive support when he needs it.

To learn more about supportive decision-making click here. You can also register for the free Wisconsin Self-Determination Conference happening virtually Oct. 18-21, which will include in-depth explanations of options for people with disabilities who need support. Anderson will also be speaking at that conference.

Full Article & Source:

Guardianship requests decline as knowledge of alternative legal option grows

Guardianship requests decline as knowledge of alternative legal option grows

Supportive decision-making alternative helps maintain people’s rights to make decisions

By Emily Davies

AUBURNDALE, Wis. (WSAW) - In July 2020 Jordan Anderson and his twin, marked a milestone; the two turned 18 and became legal adults. It is a big day for anyone, but especially for children with disabilities and their families. Born 12 weeks early, the two have cerebral palsy.

The Auburndale family scheduled a hearing with the court that fall so Anderson’s parents could have legal guardianship over them to protect them and support them as they go through adulthood. In addition to planning for the two to graduate high school and prepare for their future, securing guardianship is an expected next step for many families who have children with disabilities.

Just before the hearing, Anderson attended a virtual conference that empowers people with disabilities called the Wisconsin Self-Determination Conference. He sat in on a session George Zaske, an attorney and member of the Wisconsin Board for People With Developmental Disabilities, led.

“That was the first time I’ve ever heard about supportive decision-making,” Anderson said. “Once I heard George say you might lose your right to vote, that really got my mind going.”

The sports, journalism, politics, and hunting enthusiast also learned guardianship could take away his right to hunt and make decisions.

“These are pretty significant decisions,” Zaske told NewsChannel 7. “A guardianship order can transfer all of the rights to a guardian and that guardianship order can stay in place for decades.”

After listening to the concerns and frustrations of individuals and families navigating the guardianship system, the Wisconsin Board for People With Developmental Disabilities worked with legislators to offer a less restrictive alternative. Wisconsin became one of the first five states in the country to enact the supportive decision-making law in 2018.

It is a legal document that gives the person with a disability or aging individual the ability to get support from people they trust in areas they need support, like making financial or medical decisions but leaves the ultimate decision about what to do in those circumstances up to that individual. It is a document that does not require the time or cost of going to court and is recognized by the State of Wisconsin.

“Without a law that is equally recognized the way guardianship is recognized, you know, families ran the risk of saying ‘yes, my family member wants supportive decision-making,’ but then going into a formal system like a school or a hospital and not having that recognized,” WBPDD’s executive director, Beth Swedeen stated.

Anderson learned all about the option a day before his guardianship hearing. The next morning as he was getting ready for school, he talked with his parents, shared his concerns, and told him about supported decision-making.

Anderson’s parents, like many other people looking to find ways to protect and support loved ones with disabilities, were told by attorneys they could either have guardianship over their son or no guardianship. When told about supportive decision-making, their attorneys said they had to do more research.

Since the law was introduced, guardianship requests have declined each year from 5,147 in 2017 to 4,146 by 2020. Zaske said there is still a lot of education need about supportive decision-making, noting that institutions like schools, medical facilities, financial institutions, and even judges are not aware of the different options.

“Until supportive decision-making came around, it (guardianship) was really the only option. It was kind of black and white and people over-protected their loved ones and checked a lot of options that are on the guardianship petition,” Zaske, a parent of a child with disabilities said.

As a parent, he recognized that you want to do everything to protect your child because they are not as supported in the adult world as they were as a child going through school. He noted just like all adults making their own decision, adults with disabilities may make mistakes. As long as they do not have life-threatening consequences to those decisions, there are other alternatives to help guide and protect them.

“A guardianship can be appropriate if somebody can’t recognize danger. (If) They don’t have a good sense of when they’re being exploited. But research has shown that if you give a young person, even with a cognitive disability to practice that decision-making, then, in fact, they get better at making those decisions and get a better sense of who they are and their sense of autonomy,” Zaske explained.

Swedeen said families often ask if they should go through the guardianship process first and then go to less restrictive options later, but she urged that is not recommended. She said guardianship is the most restrictive way to protect a loved one with disabilities, it costs a lot of time and money, and it can be difficult to reverse or reduce a guardianship’s restrictions after being implemented. Even if the family and individual want guardianship removed, she explained that person has already been considered legally incompetent and it is up to a judge to decide to change that label.

“So if you can start with the flexible tools and if they don’t work or if they’re not complete enough, then consider something more restrictive, that’s always going to be the easier path and the path that keeps people’s rights intact,” she said.

“I have the best parents in the world for listening to me,” Anderson smiled. He and his family decided to implement powers of attorney for medical and financial decisions, retaining Anderson’s rights, but providing him less restrictive support when he needs it.

To learn more about supportive decision-making click here. You can also register for the free Wisconsin Self-Determination Conference happening virtually Oct. 18-21, which will include in-depth explanations of options for people with disabilities who need support. Anderson will also be speaking at that conference.

Full Article & Source:

Guardianship requests decline as knowledge of alternative legal option grows