Helping You Establish A Preneed Guardian

If you or a loved one becomes mentally or physically disabled and can no longer manage your financial affairs, your property or your health, do you know the person who the court would appoint as your guardian?

You need the benefits of the advance directive known as the pre-need guardian.

Understanding The Details Involved

A pre-need guardian designation must be signed in the presence of two witnesses, and is filed with the clerk of court. When someone files a petition requesting the court to determine that you are incapacitated, the declaration of pre-need guardian would be produced by the clerk of court and presented to the judge.

Typically, the person named as pre-need guardian is qualified to serve. In certain cases, the judge may determine that the person named is not qualified to serve as a guardian. In this case, the court would appoint a different, qualified individual.

Once the court decides on incapacitation and approves the named pre-need guardian, the guardian will assume the role and duties of guardian, and the disabled person becomes the ward. Florida law also allows parents to name a guardian for minor children with the filing of a pre-need declaration of guardian of a minor.

Exploring Alternatives

A guardianship is only authorized when the court cannot find a less restrictive option available to it. More efficient solutions can be achieved through use of estate planning tools, such as a trust, a health care surrogate documents and a durable power of attorney.

Finding The Best Solution For Your Circumstance

I am attorney Michael G. Horton and many individuals located throughout Central Florida have turned to me for guidance on pre-need guardianships and related issues. If you have questions or need advice for your individual circumstance, contact my office in Clermont to schedule a free consultation.

Call 352-432-1618 or reach my office by email.

Don't allow strangers in a court to decide who has this authority. I can help you designate who that person should be if you become incapacitated.