When an adult cannot manage certain decisions, families often turn to guardianship to keep a vulnerable person safe. However, it also removes many of their rights. A court may appoint a guardian to handle finances, healthcare and daily life. This often feels restrictive, especially if the person can still make choices with some help. In Florida, families can look at other options before seeking guardianship.
Supported decision-making agreements
One alternative is supported decision-making. Here, an adult picks trusted supporters like family members, friends or advocates, to help explain choices and share options. The supporter does not control the decision. Instead, they guide the person, explain risks and help communicate the choice. This method respects independence but still provides protection. Florida does not yet have a formal law for these agreements, but courts and advocates use them more often to avoid guardianship.
Using trusts to protect assets
Trusts are another option. A revocable living trust or special needs trust allows someone to manage assets while maintaining some control. A trustee oversees the money, but the beneficiary can still give input on how funds support their needs. Trusts protect public benefits, reduce conflict and give clear instructions if the person’s ability to manage money changes. In Florida, families often use trusts for Medicaid and estate planning, making them a flexible solution.
Finding the right balance
The choice between guardianship and alternatives depends on each person’s needs. Supported decision-making works well for adults who want guidance but not control. Trusts help protect money, especially when benefits are at risk.
This decision can feel overwhelming. Meeting with an attorney may help bring clarity and peace of mind. They may be able to explain options, answer questions and help create a plan that protects both independence and safety. Exploring these paths — along with their pros and cons — can lower stress and honor your loved one’s dignity.