When the unexpected occurs, and both parents (or a single parent) face incapacitation or pass away while their child is still a minor, the court intervenes by appointing a legal guardian. This individual assumes the vital role of a surrogate parent, ensuring the child’s well-being until they reach maturity. To prepare for this possibility and guarantee that the appointed guardian is someone you trust, parents can designate pre-need guardianship as per Florida Statutes, Section 744.3046.
Pre-Need Guardianship in Estate Planning: A Legal Framework
Adults, particularly those approaching their later years, should also consider designating a pre-need guardian in the event they become incapacitated, whether mentally or physically. While it may be uncomfortable to contemplate, conditions like Alzheimer’s and early-onset dementia are increasingly common in older individuals, and Florida Statutes, Section 744.3046, discusses designation of guardians for minors.
Protecting Your Interests Under Florida Law
In Florida, the law allows for both voluntary and involuntary guardianship. Designating a pre-need guardian offers an added layer of protection, safeguarding you from potential abuse and exploitation by someone you wouldn’t trust to make critical life and asset decisions, in accordance with Florida Statutes, Section 744.3046.
Qualifications of a Pre-Need
Guardian To be eligible as a pre-need guardian in Florida, an individual must be at least 18 years old and a resident of the state. Non-residents can qualify if they have a blood relation to the ward or a blood relative. Judges can also serve as pre-need guardians if they are closely related to the ward, and they agree to do so without compensation.
Individuals with felony convictions or a history of abuse, neglect, or abandonment of a child do not qualify as pre-need guardians. Furthermore, anyone with a financial or other conflict of interest cannot serve as a pre-need guardian.
Preneed Guardianship for All
Preneed guardianship isn’t limited to children. It is a prudent choice for anyone who might face potential incapacitation, such as an elderly family member or even yourself. The process for designating a preneed guardian is like that for designating a guardian for a child.
Responsibilities of a Pre-Need Guardian
A pre-need guardian shoulders both financial and personal responsibilities for the ward and must always act in the ward’s best interests. Their duties include:
- Respecting the ward’s expressed desires.
- Allowing the ward to maintain contact with other family members and friends.
- Providing the ward with as much freedom as possible without risking harm.
- Meeting the ward’s medical, educational, and other personal needs.
- Making appropriate healthcare decisions on behalf of the ward.
Within 20 days of assuming these responsibilities, a pre-need guardian must petition for confirmation of appointment in line with the legal procedures outlined in the statutes.
Considering the appointment of a preneed guardian is a prudent step in future planning. It’s essential to ensure that responsible individuals will care for your children or loved ones in the event of unforeseen circumstances affecting both you and your spouse. At Jurado & Associates, our extensive expertise in Probate matters throughout Florida positions us to assist you in this important aspect of your planning, call us today at +1 305 921 0976, email at [email protected], or WhatsApp atĀ +1 (305) 921-0976 for a Free Probate Consultation.
