Florida Preneed Guardian Attorney

Another type of advance directive is a Preneed Guardian. If you become mentally or physically disabled and could no longer manage your financial affairs, your property or your health, do you know whom the court would appoint as your guardian?

If you don’t have a plan for who should manage your affairs, the courts will step in and decide who has this authority.

I help you designate in advance, in writing, who that person should be if you become incapacitated. It is a way of saying, “If anyone goes to court to get a guardianship over me, here’s who I want to be my guardian.” This written declaration may also identify alternate proposed guardians.

It is generally accepted that the person named as Preneed Guardian is qualified to serve. In certain cases, the judge may determine—in your best interest—that the person you named is not qualified to serve as your guardian. In this case, the court would appoint a different, qualified individual.

Once the court decides that you are incapacitated, and approves the named Preneed Guardian, the guardian will assume the role and duties of guardian, and you become the ward.

Florida law also allows parents to name a guardian for their minor children by executing a nomination of Guardian for Minor Children

Is Designating a Preneed Guardian Always the Best Solution?

Not necessarily. Guardianship is only authorized when the court cannot find a less restrictive option available. More efficient solutions can be achieved through the implementation of a trust, a Health Care Surrogate, a Durable Power of Attorney or other advance directives as part of a well thought out estate plan. In other cases, a Preneed Guardian is a solid strategy.

If you feel you may need the protection provided by this process, call my office at (407) 478-8700 to discuss a Preneed Guardian designation. I am able to help you with all Guardianship matters.