Age of Majority

The age of majority refers to the age when a person becomes a legal adult. The rights of the parent of a student with a disability transfer to the student when the student reaches the age of majority. In Florida, this is 18 years of age.

Age of Majority and Guardianship
At the age of majority, 18 years of age in Florida, the student gains all of the legal rights and responsibilities of an adult. At this time, the educational decision-making rights of parents, including parents of a student with a disability, transfer to the young adult.

If there are concerns about the student’s ability to lead his or her own educational decision-making, the parents can work with their son or daughter to explore the least restrictive option.

If the student has been determined incompetent by the court, then rights would not transfer to the student but would be retained by the individual appointed by the court as the student’s guardian. Please note that there are numerous options to consider regarding guardianship. 

For more information on guardianship and other decision-making alternatives see resources below:

• Considering Age of Majority, Transfer of Rights and Decision-Making Options
• Disability Rights Florida
• The Florida Developmental Disabilities Council, Lighting the Way to Guardianship and Other Decision-Making Alternatives, A Manual for Individuals and Families