If you already have an estate plan, you are making a proactive choice. However, when did you last review it? Updating your plan to include a preneed guardian ensures clarity and prevents potential disputes. By taking this step, you guarantee that your care and financial decisions remain in the hands of someone you trust.
Approximately 1.3 million adult guardianships in the U.S. control $50 billion in assets. Without proper planning, the state could appoint a guardian for you, which may not align with your wishes. Incorporating this option into your Florida estate planning provides peace of mind for you and your family.
Do I Need a Preneed Guardian Designation?
Every estate plan should include a preneed guardian. This essential document helps you determine who will manage your care and finances if you become incapacitated. Moreover, it allows parents to choose guardians for their minor children if both pass away.
For example, conditions like brain damage, dementia, or Alzheimer’s disease can impair decision-making abilities. The World Health Organization reports over 55 million people live with dementia worldwide. Acting now ensures that your preferences are respected during such circumstances.
Legality of Preneed Guardianships
Parents or adults must follow specific steps to ensure the legal validity of a preneed guardian designation. They must sign the document before two witnesses and file it with the Circuit Court. Including details such as names, birthdates, and social security numbers ensures clarity and reduces ambiguity.
When the court reviews guardianship, it typically honors filed designations unless the person is disqualified. Furthermore, appointing an alternate guardian provides an additional layer of security.
Who Can Serve as Guardian?
You can select any competent adult as a guardian. Florida law permits even non-residents, provided they are related by blood. Communicating with the designated individual and confirming their willingness to serve is essential. This transparency fosters trust and ensures everyone understands the responsibilities.
Notify all family members you have made this decision and who you have designated. Many families have inheritance disputes because of unclear distributions or contesting wills. Take a proactive approach, establishing your desires regarding guardianship.
Who Cannot Serve as a Guardian?
Florida law disqualifies certain individuals from serving as guardians. For instance:
- Judges, unless they are close relatives
- Creditors of the ward
- Those with felony convictions
- Individuals with a history of neglect or abuse
While the court has the final say, preneed guardian designations typically hold significant weight unless the selected person falls into one of these categories.
What Does a Preneed Guardian Do?
A preneed guardian plays a critical role in managing a ward’s care and finances. Their duties include:
- Handling assets responsibly
- Making healthcare decisions
- Ensuring the ward maintains meaningful connections
- Respecting the ward’s wishes whenever possible
For minors, guardianship concludes when they reach adulthood. For incapacitated adults, guardianship typically continues until their death or recovery.
Benefits of Designating a Guardian
One key benefit is that it prevents your adult children from battling over who has control. Designate the person who can best meet your needs. There will be no dispute over who will serve as guardian.
Your designation eliminates the process of someone desiring guardianship to be vetted by the court. You can waive the bond obligation so they don’t have to post a bond protecting assets in the event of mismanagement.
Many people think only the wealthy need estate planning. Everyone has assets and needs documents meeting Florida estate and inheritance laws designating guardianship for minor children or incapacitated adults.
Update Your Estate Plan
Keeping your estate plan current is essential. At Boyer Law Firm, PL, we specialize in creating legally sound estate plans that align with Florida law. Our team ensures your plan includes a preneed guardian designation for comprehensive protection.
Request a case evaluation today, and take the first step toward securing your wishes and your family’s future.
