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Decision-Making Options

Exploring ways that people with disabilities can get help with making decisions

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What are your rights?

Your legal rights give you the ability, under
law, to make decisions that affect your quality
of life. Some examples include, but are not
limited to, the right to:
• Choose where to live
• Manage money and property
• Agree to medical or dental treatments
• Apply for government benefits
• Choose your social activities
• Sign contracts
• Get married
• Find employment

If you are seeking or receiving services from the Agency for
Persons with Disabilities (APD) or other government agencies,
you will have to make decisions, and you may feel that you need
some assistance. This brochure informs you about ways you
can get assistance with decision making; however, it is not legal
advice. If any of these options seem like they might be useful,
you may do research and speak with an attorney.

Client Advocacy - If you need guidance and would like help in
making decisions about services you receive from APD, you
may appoint someone as your client advocate. You will still
make your own decisions. A client advocate cannot make them
for you, nor can they access your confidential information without
your permission.

Guardianship

Guardianship is an option for those who need help in decision making.
It requires two actions by a court: a ruling on your decision-making ability
and the transfer of some or all of your rights to the guardian.
Types of Guardianship

Guardian Advocate - Under Florida law, this type of guardianship does
not require that a judge declare you incapacitated. It transfers the rights
that are necessary to care for you or your property to another person—your
guardian advocate. This is usually considered to be the least restrictive,
less costly, and much preferred type of guardianship for people with
developmental disabilities.

Options for Decision Making
• Make My Own Decision
This is the least restrictive
and most commonly used
decision-making option. APD
can provide varying degrees
of assistance depending on
your wants and needs.

• Banking Services
There are various ways your
money can be managed so
that you feel safe and secure
about your banking. These
include assigning someone
as power of attorney who
officially acts as the owner
of the account, creating a
joint bank account with two or
more people, or establishing

• Power of Attorney (POA)
and Durable Power of
Attorney (DPOA)
You can establish Power of
Attorney to give another adult
legal authority to act and
make decisions on specific
matters for you. A power
of attorney is “durable” if it
specifically provides that
it will remain in force even
if you are subsequently
incapacitated. Any legally
competent adult with a
disability who is capable
of giving informed consent
may give Durable Power of
Attorney to the person of
their choosing.

• Representative Payee
If you are unable to manage
your own money, the Social
Security Administration
(SAA) allows you to name
a person or an organization
to be your representative
payee. The payee receives
your monthly benefit payment
and is held responsible by
SAA for how the money is
spent for your benefit.

• Advance Directive
An advance directive
documents how you want
your health care rights
handled and who you want
to exercise your medical
rights when you are unable
a direct deposit system.
to make those decisions. It
can include instructions on
life-prolonging procedures,
as well as expressions
of spiritual, personal, or
emotional wishes. A health
care surrogate designation
names another person to
make health care decisions
for you, apply for public
benefits, and access
medical records.

• Medical Proxy
In a situation where you lack
capacity and need medical
decision-making assistance
and you have not established
an advance directive or
medical power or attorney, a
medical proxy is an option.
Florida law lists the order of
priority of persons who can
make health care decisions
for you.

• Trust
This is a legal arrangement
where a trustee holds
property and/or funds for the
benefit of the beneficiary of
the trust. A special needs
trust allows a beneficiary
with a disability to hold
assets and not risk losing his
or her eligibility for certain
government programs.

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Voluntary Guardianship - If you are unable to manage
your property but are considered mentally competent,
the court appoints a guardian to help you manage your
affairs. This is something that you decide voluntarily; you
can change your mind by going back to court later.

Emergency Temporary Guardianship - If you seem
to be in imminent danger and your decision-making
ability is questioned in court, the judge can appoint
a temporary guardian for you. This type of
guardianship expires if the court does not appoint a
permanent guardian.

Limited Guardianship - If the court fi nds that you are
incapacitated only in specifi c areas, it can appoint a
guardian to help you in those areas.

Full Guardianship - If the court fi nds that you are totally
unable to make decisions for yourself, it transfers all of
your legal rights—concerning you and your property—to
a guardian.

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Important Points to Remember
• Explore the least restrictive options fi rst
• Do research or get legal advice before
making any decision involving your rights
• Before choosing someone to make
decisions for you, make sure it’s someone
you trust and they are willing to help
• Both you and your legal representative
should keep copies of the papers that name
your legal representative


Visit these sites for more info
www.fl oridalawhelp.org
www.fl oridabar.org

Agency for Persons with Disabilities
4030 Esplanade Way, Suite 380
Tallahassee, Florida 32399-0950
1-866-APD-CARES (1-866-273-2273)
www.apdcares.org