Why You Need a Pre-Need Guardian Declaration

Nobody wants to imagine that one day they might not able to take care of themselves.

However, you can never be certain about your future, which is why it’s important to plan ahead.

Working with an experienced estate planning attorney in Florida to draft a pre-need guardian declaration is one way of planning for the unexpected.

What is a pre-need guardian declaration?

A pre-need guardian declaration in Florida is an instrument that allows you to recommend a person to serve as guardian of your person and/or guardian of your property in the event you become mentally or physically disabled and can no longer manage your own affairs.

Your guardian could be responsible for managing your financial affairs, property, business and health care decisions.

The preneed guardian declaration is an important element of your estate plan.

Your financial and health care powers of attorney are designed to keep you out of the guardianship court.

However, even the best laid plans can fail.

If you ever end up in the guardianship court, ultimately a judge will make the final determination about who will act as your guardian.

A pre-need guardian declaration lets you state, in advance, your wishes for those persons you want to serve as guardian.

Ideally, they will be the same people you chose as your agents for financial and health care decision making.

Other types of pre-need guardian declaration for minors

Under Florida law, you can also name a pre-need guardian for your minor children. In this document, you can recommend who should take over as legal guardian of your children if you become disabled or die.

How do I prepare the documents?

Both declarations are instruments you make in writing in order to recommend a person or persons to assume the role of guardian; either for you or for your minor children in the event it is determined you are no longer able to act independently.

Although the process is not intended to be difficult, it is best to consult with an experienced pre-need guardian declaration attorney for guidance.

Contact the law Offices of Hoyt & Bryan

If you wish to learn more about a pre-need guardian declaration, contact The Law Offices of Hoyt & Bryan online or call us at (407) 977-8080.

We are Central Florida’s leading estate planning and elder law firm and the only Florida law firm with two attorneys board certified in both Wills, Trusts and Estates and Elder Law.

We have years of experience helping people plan for their future and that of their loved ones.

Peggy R. Hoyt - The Law Offices Of Hoyt & Bryan
About the Author: Peggy Hoyt
Peggy R. Hoyt practices in the areas of family wealth and legacy counselling, including trust and estate planning and administration, elder law, small business creation, succession and exit planning, real estate transactions and animal law.