Florida Designation of Preneed Guardian

If something was to happen to you and you became incapacitated, who would make decisions for you? Who would pay your bills and handle your affairs? These are the questions you want to answer while you are healthy and competent. Far too many people put off this kind of planning, and unfortunately their families often pay the price later in life. So, if you have not already, consider speaking with estate planning attorney Blakely Moore about creating a Designation of Preneed Guardian.

What is a guardian?

A guardian is a person selected by a court to make financial decision, healthcare decisions, or both if you are incapacitated or unable to make those decisions for yourself. The guardian has the authority to act on your behalf and can make certain decisions for you.

What is a preneed guardian?

A preneed guardian is a person you select to handle your affairs in the event that you become incapacitated. A preneed guardian is selected with a document called a Designation of Preneed Guardian.

What is a Designation of Preneed Guardian?

A designation of preneed guardian is an estate planning document that allows you to designate a person to serve as your guardian in the event that you become incapacitated. Your attorney prepares the document for you while you are able to make your own decisions. Later, if you become incapacitated and need someone to handle your affairs, the document is pulled out and used to demonstrate who you chose while still competent.

Who can be a preneed guardian?

To serve as a guardian in Florida, you must either be directly related to the incapacitated person or be a resident of the state of Florida. You also must be an adult and not have been convicted of a felony. Finally, you cannot yourself be incapacitated or unable to perform the guardianship duties.

How does a designation of preneed guardian work?

Think of a designation of preneed guardianship as a recommendation to the court. It is a way to inform the court of who you trust enough to handle your affairs. This recommendation carries a lot of weight with the court, and by law the default presumption is that the person you designate is entitled to serve.

Does your preneed guardian automatically become guardian?

No, your preneed guardian does not automatically become your guardian. The person you select will need to be approved by a court first. If it turns out that the person you selected is not qualified (perhaps due to a felony conviction or not being a Florida resident), then a different guardian will likely be selected by the judge.

What if the person I designate as preneed guardian refuses or is unable to serve?

If the person you designate as preneed guardian either cannot or will not serve, then your alternate selection will be considered by the court. I always recommend that my clients have at least one backup listed on the document, just in case something like this occurs. However, it is a good idea to speak with the person you intend to designate as preneed guardian so that you can make sure they are willing to serve should the situation arise.

What if I designate more than one preneed guardian?

You can and probably should list more than one person as preneed guardian, one as your primary choice and another as an alternate. However, you should probably not list two people to serve at the same time. Having joint guardians will likely result in fights and even litigation. The better path is to designate a primary selection along with a backup.

Is there a preneed guardian designation for children?

Yes, there is, but it typically is not selected using the same form. The designation for minor children has different requirements, but if properly drafted it will allow you to select the person you want to be your child’s guardian should you pass away.

How do I prepare a designation of preneed guardian document?

Designating a preneed guardian is not meant to be a difficult process, and the step to take are laid out in section 744.3045 of the Florida Statutes. However, it is generally best to consult with an attorney for guidance.