CABA Pro Bono offers a variety of programs that provide free legal assistance to low-income Florida residents facing civil legal issues, including its NLAP. NLAP helps individuals with developmental disabilities and their families access legal tools that support decision-making in areas such as healthcare, education, housing and finances.
In this blog, Aida Diaz-Silveira, supervising staff attorney at CABA Pro Bono and head of NLAP, provides more insight into why the program was created and how it helps individuals with developmental disabilities and their families.
Q&A With Aida
What gaps in existing legal services led to the creation of the NLAP?
The main gap NLAP was created to address is the lack of support individuals with developmental disabilities receive during their transition to adulthood. When an individual with a developmental disability turns 18, parents frequently lose the legal authority to make medical, educational and other important decisions on their behalf.
Many families are unaware of the available legal steps they can take to obtain that authority or gain the level of support needed for their loved one in another way.
What are the most common legal challenges individuals with developmental disabilities and their families face when seeking assistance through this program? Can you describe the magnitude to which these challenges impact individuals and their families’ everyday lives?
The biggest challenge is that many guardians believe that a judicial determination of incapacitation, required to obtain traditional guardianship, is the only route to guardianship for an individual over 18.
The process of gaining traditional guardianship is extensive, and not every individual with a developmental disability’s circumstances requires it. When families aren’t aware of other options, there’s a chance that an individual’s potential autonomy in medical, educational and other lifestyle-based decisions will be limited.
What is unique/special/stands out about NLAP?
CABA Pro Bono is the pioneering provider of legal alternatives to traditional guardianship in Miami-Dade County.
CABA Pro Bono identified the need for legal assistance with alternatives to traditional guardianship and created NLAP. NLAP offers assistance with Supported Decision-Making Agreements, Durable Powers of Attorney, Designations of Health Care Surrogate and alternative to traditional guardianship proceedings, which can provide individuals and their families with the support needed without requiring a judicial determination of incapacity.
What are the advantages of alternatives to traditional guardianship? Why is it important for individuals with developmental disabilities and their families to have access to alternatives to traditional guardianship?
The advantage of alternatives to traditional guardianship is that they provide needed support while preserving personal rights, autonomy and dignity.
Alternatives to traditional guardianship are often a better fit than traditional guardianship for many individuals with developmental disabilities because it offers more flexible options for the level of support an individual receives. Some authority over medical, educational and other decisions can be delegated to a guardian while leaving the rest in the hands of the individual. It’s important that families have adequate access to help their loved one achieve the level of support desired for their individual circumstances.
What has been the most fulfilling part of being a part of NLAP?
Families often come to us as a child approaches adulthood and parents have questions about healthcare, education, housing, benefits and other important decisions. Many are unaware of alternatives to traditional guardianship. Helping families understand alternatives to traditional guardianship and Supported Decision-Making is incredibly rewarding because it empowers them to make informed choices that fit their loved one’s unique needs. Most rewarding of all is seeing families leave with greater confidence, peace of mind and a clear path forward.
What are your goals for the program in the next year?
Our goal for next year is to expand NLAP’s reach so that more individuals with developmental disabilities and their families can access free legal services and understand the full range of decision-making supports available to them.
We want to increase community education, establish partnerships and help more families obtain the legal services they need.
How can a family get in touch with the NLAP team?
To get in touch with the NLAP team, call CABA Pro Bono Legal Services at (305) 646-0046 for a screening interview to determine eligibility for our free legal services.
In short, NLAP is helping individuals with developmental disabilities and their families better understand and access decision-making supports tailored to their unique needs. By combining legal services with community education, the program empowers families to make informed choices while preserving autonomy and dignity.
