In the State of Florida, when a minor child turns eighteen years old the minor child becomes an adult. An adult is capable of making decisions and has certain rights. They can enter into contracts, vote, determine where they live, marry, travel, and sue people as some of their rights.

The question arises as to what should happen when an autistic child becomes an adult and is incapable of making the important decisions in their lives. The parents of the minor child are required to file a petition for incapacity or to seek a Guardianship for the minor child’s person and property.

Many autistic, handicapped and mentally ill individuals are incapable of making basic decisions without the help of others. In cases involving minors, their parents are required to make the decision to continue to take care for their children and to take control of their lives. If the parents fail to act and allow these legal adults who mentally are children, then the outcome could be extremely drastic. An example would be a girl who is autistic or has special needs and is incapable of being on her own. If this girl who is legally an adult, move out on her own, she may be taken advantage of in both a physical and emotional sense. This is but one example of the needs for her parents to file a petition to determine incapacity or a Guardianship. This would allow her parents as her legal Guardians to decide where she lives and continue to monitor and control her life ad her personal environment. There are many examples of children who are about to become adults, who are in need of being controlled to some degree in order to protect them from the dangers that exist in a complicated and dangerous world.