As a parent, you’ve probably thought about what will happen to your child should you no longer be able to care for them or yourself. But have you considered a pre-need guardian?
Having a pre-need guardianship document drawn up in the event of something affecting yourself and your property is an important parenting step. It’s also important to include in your estate plans.
What Is Pre-Need Guardianship?
Pre-need guardianship gives you’re the chance to name a third party who will become a guardian over your affairs or your child in the event of your incapacity or should you pass away.
The person you choose should understand your needs and be willing to step up to the role.
By naming someone as your own guardian, should you ever need one, you remove the incentive of anyone else to impose guardianship over you in their efforts to control your behavior and assets.
The Importance of Designating a Pre-Need Guardian
Naming a pre-need guardian is paramount. It allows someone to have the final say over who will be your guardian when you need one. While you never want to become incapacitated, unfortunately as old age sets in, things like dementia may affect you. In fact, 47.5 million people suffer from dementia every year, according to the World Health Organization.
A pre-need guardian permits you to choose who you want to look after you or your child when you can no longer take on the task. When it comes to designating a pre-need guardian, you can list multiple people in order of preference. You can even document those who you don’t want to be your guardian.
Designating a Pre-Need Guardian in Florida
You don’t need to wait until you fall ill to appoint a pre-need guardian for yourself or your children. You can draft an appointment by declaring the following points in writing:
- Who you are
- The person who the guardianship will be over
- Who the guardian will be along with alternative options
You must have two attesting witnesses present at the time of signing your declarant document. The clerk of the court will then file your guardianship form and produce a document implementing your designated pre-need guardian.
Will Your Preferred Person Automatically Become Guardian?
Not necessarily. You should aim to appoint a guardian who is qualified for the role. If the court doesn’t believe your preferred person is qualified, they have the right to appoint someone else on your behalf. An experienced lawyer can help, but you should always provide a list of alternate pre-need guardians should your first choice decline the role or is unable to take on the task.
You Don’t Need a Second Document for Your Child’s Pre-Need Guardian
If your child’s other parent is still alive, guardianship automatically remains with them. If you’re a single parent, or if both parents die at the same time, you should have a document prepared in advance appointing guardianship. This helps ensure your child is placed under the care of people you’re most comfortable with.
If you’ve already drafted a trust or a will and included instructions regarding a guardian for your child, you won’t need a pre-need guardian document. However, if your child is a minor and you don’t have any documents to date, it’s strongly encouraged that you draft a pre-need guardian document at your earliest convenience.
The Benefits of Selecting a Pre-Need Guardian
When you become incapacitated, you risk being vulnerable to exploitation and abuse. You can eliminate this by choosing who will make your decisions for you. The person you choose as your pre-need guardian is the person you can trust to take care of your financial and medical needs when you’re no longer able to do so yourself.
The same goes for the person you choose to look after your child should you become incapacitated or lose your life. The important thing to do is choose a guardian while you’re still able to do so.
We can help draft a designation of a pre-need guardian and have it filed with the Clerk of the Circuit Court. You should make the declaration while you’re competent. It will state who you name as your or your child’s guardian to serve when you become incapacitated.
Book an appointment with the Principal Law Firm today to draft a pre-need guardianship document.
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