Posted almost 6 years ago

Designation Of Pre-Need Guardianship In Florida

In the State of Florida, a Designation of Pre-Need Guardianship is one of the most interesting estate-planning tools available. Read on to learn why.

What is a Designation of Pre-Need Guardianship?

A Designation of Pre-Need Guardianship is a document often component of a Florida Living Will, generally u in conjunction with other documents drafted by an attorney. Essentially, this document is composed to designate a person to serve as an individual’s guardian in the event the individual becomes incapacitated.

Why is it Important to Designate a Pre-Need Guardian?

If you become incapacitated, someone will need to take care of you. Who? That is the million-dollar question.

Designating a Pre-need Guardian is of great significance. It will allow you to have the final say over who that guardian should be in case you ever need it. Although no one ever hopes to become incapacitated, there is no reason not to be prepared for the worse – just in case.

A Designation of Pre-need Guardianship will allow you to select the person who should be your guardian in the event you become unable to take care of yourself. However, it is not limited to one person – the Designation of Pre-need Guardianship can name multiple individuals in the order of preference. Moreover, you can name individuals that you do not want to serve as your guardian, which helps prevent abuse from untrustworthy caregivers.

Anyone who becomes incapacitated also becomes automatically vulnerable to exploitation and abuse. However, an individual’s ability to select who can make decisions on his or her behalf can drastically eliminate most of the potential to these vulnerabilities.

How Do I Choose a Pre-Need Guardian?

The person you name in the Designation of Pre-Need Guardianship should be someone you can trust. Since they handle your financial and medical needs in the event you can no longer do it yourself due to a medical condition. While a Florida court has the final say in regards to who should serve as your guardian, the Designation of Pre-Need Guardianship creates a strong legal presumption the court must use. Generally, the only instance a court denies a pre-need guardian is when the person named in the Designation of Pre-Need Guardianship is determined “to be unqualified to serve as guardian.”

Other persons unable to serve as guardians include:

Individuals who have been convicted of a felony,
Individuals who are incapable of serving as guardian due to incapacity,
Individuals who have been judicially determined to commit abuse, abandonment, or neglect toward a child,
Creditors of the incapacitated person.

How Do I Draft a Designation of Pre-Need Guardianship?

If you ever become incapacitated and file a petition to determine incapacity, the court inquires if you have a Designation of Pre-Need Guardianship that states who should be your guardian.

If you are thinking about drafting a Designation of Pre-Need Guardianship, the good news is you do not have to do it alone. We can help you.

One of our lawyers can draft a legally binding Designation of Pre-Need Guardianship. It is then filed with the Clerk of the Circuit Court in the county where you live. This document names the person you have chosen to be your guardian, who will only serve as such in the event you become mentally incapacitated.

To learn more about our services, contact us today by calling (305) 921-0440 or by sending an email to [email protected].