Guardianship Evaluations for Young Adults with Autism in Florida: What Parents Need to Know
by Dr. Lisandra Mendoza
The transition into adulthood can bring both opportunity and uncertainty for autistic young adults and their families. One of the critical questions many families face is whether to pursue guardianship in Florida, and if so, what type, when, and how. A comprehensive neuropsychological or psychological evaluation can play a key role in helping you decide the path forward.
Here, we’ll explore:
What guardianship is (and how it differs from conservatorship)
When guardianship (or an alternative such as guardian advocacy) might be appropriate for a young adult on the autism spectrum
What the Florida process generally looks like
How evaluations support informed decisions and advocacy
What’s the difference between guardianship and conservatorship?
In Florida, guardianship is a legal process under Chapter 744 of the Florida Statutes in which a court determines an adult lacks sufficient capacity to make certain personal and/or property decisions. Once appointed, a guardian may make decisions about medical care, living arrangements, finances, and more, depending on the scope defined in the court order (Disability Rights Florida, n.d.).
The key distinction:
Guardianship of the person: Decisions about health, residence, and daily living
Guardianship of the property/conservatorship: Decisions about money, assets, and property
Florida law promotes the least restrictive alternative approach, meaning restrictions on rights should be no greater than necessary (Disability Rights Florida, n.d.). For young adults with autism transitioning into adulthood, it’s essential to determine whether support is needed for personal decision-making, financial matters, or both, so you can choose the option that best preserves their independence while providing the right level of assistance.
When might guardianship (or alternatives) be appropriate for young adults with autism?
The transition to adulthood at age 18 brings many legal changes: your child is now recognized as a legal adult, and you no longer have automatic decision-making authority over education, health care, or other aspects of their life. If your young adult with autism is facing challenges with tasks such as decision-making, financial management, medical consent, or living independently, then questions about guardianship may arise.
Florida law recognizes several types of guardianship and less restrictive alternatives (Disability Rights Florida, n.d.). These include:
Limited guardianship: For individuals who can make some decisions but need support for others.
Full or plenary guardianship: Applied when an individual is unable to perform nearly all tasks necessary for self-care and/or managing property.
Guardian advocacy (Fla. Stat. § 393.12): Designed for individuals with developmental disabilities (including autism). This option may allow rights to be removed only in specific areas, preserving other rights and providing a less restrictive model.
Below are a few questions to think through as you and your loved one(s) consider guardianship.
Can the adult understand and appreciate the consequences of decisions around health, residence, and finances?
Do they consistently make decisions that place them at risk of harm or exploitation?
Can their quality of life improve if provided support while retaining as much autonomy as possible?
Choosing the least restrictive option that meets their needs is increasingly seen as best practice, particularly for young adults with autism whose self-advocacy and skills may continue to develop with the right support.
The Florida process: What to expect when considering guardianship
The following steps are outlined in Florida Statutes Title XLIII. Domestic Relations § 744.331.
Obtain an evaluation:
Before the court moves forward, you’ll need an evaluation, typically a psychological or neuropsychological assessment, to establish capacity (or limitations) in areas like decision-making, daily living, and finances.
File the initial petitions:
Two separate petitions are usually filed simultaneously:
Petition to determine incapacity: Establishing whether the adult lacks sufficient capacity in some or all areas.
Petition for appointment of guardian: Requesting that the court appoint someone to serve as guardian for the person, the property, or both.
Notice and due process:
The adult (proposed ward) must receive formal notice of the hearing. They have the right to be represented by an attorney, present evidence and witnesses, and object to the petition. Professionals may be appointed to examine capacity and provide reports.
Court hearing and adjudication:
At the hearing, the court will review evidence, including the evaluation, testimony, and any examination committee’s findings, to decide whether the adult is incapacitated. If so, the court will determine the appropriate level of guardianship (limited or plenary) and the specific powers that the guardian may exercise. The order must clearly state the nature of the guardianship, the rights removed, and the guardian’s duties.
Implementation of guardianship:
Once the court issues the order:
A Letter of Guardianship is issued to the guardian.
The guardian must file an Initial Guardianship Report within 60 days.
The guardian begins performing the duties as defined by the court order, whether personal decisions (living arrangements, health care) or property decisions (assets, finances), or both.
Ongoing oversight and review:
Guardianships in Florida require ongoing monitoring. Annual or periodic reports and court oversight ensure that the adult ward’s rights are protected, and the arrangement remains the least restrictive alternative.
Changes and termination:
Because needs may change, guardianship can be modified, restricted further, or terminated if the adult regains capacity.
Key considerations for parents of transitioning young adults:
Start planning early: Begin conversations by age 16-17 so you’re not scrambling when your child turns 18.
Choose the least restrictive option: Always ask, “What can they do with support?” rather than “What can’t they do?” Seek out an evaluator who is strengths-based and neurodivergent affirming.
Document strengths & needs: Evaluations, educational records, and self-advocacy progress can all be included.
Include the young adult in the conversation: It’s their life, and involving them builds understanding, consent, and dignity.
Know your rights & resources: Turning 18 is a great resource for teens and their families. You can also pursue legal consultation.
How evaluations support this transition:
A robust evaluation can help lay the foundation for planning, advocacy, and respectful decision-making. For families of autistic young adults, the benefits may include:
Clarity about what decisions or tasks pose difficulties, helping you target supports rather than assuming full loss of capacity.
Evidence to present in court and educational/medical settings, making the petition stronger and more informed.
Tailored recommendations regarding supports, accommodations, and independent-living skills.
Empowering your young adult: A good evaluation takes a strengths-based approach, noting what the individual can do, what they need help with, and where supports may gradually fade as independence grows.
At Avatar Cognitive and Behavioral Center, we provide evaluations that respect neurodivergent identities, focus on strengths, and help you plan while protecting your adult child’s dignity and rights.
Alternatives & important considerations
Before committing to full guardianship, consider alternatives:
Power of attorney (POA) / Health care surrogate: For individuals with adequate capacity to designate someone to act when needed.
Supported decision-making: The adult retains decision-making authority but has a trusted advisor or team supporting them.
Why this matters for neurodivergent health
There is a lot for young autistic adults and their families to navigate as they transition to adulthood. The good news is that you don’t need to face this time alone.
At Avatar Cognitive and Behavioral Center, we offer comprehensive neuropsychological and psychological evaluations in Florida that are neurodivergent-affirming and patient-centered. Our evaluations help you and your loved one explore supports, understand decision-making capacity, and plan for adulthood.
