If you or a loved one becomes mentally or physically disabled and can no longer manage one’s health, property or financial affairs, do you know the person who the court would appoint as a 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 considered qualified to serve. In some cases, however, a judge may decide that the named person is not qualified to serve as a guardian. In such cases, the court will appoint a different, qualified individual.
Once the court determines incapacitation and approves the named pre-need guardian, the guardian will assume his or her roles and duties as guardian, and the disabled person becomes the ward. In cases involving minor children, Florida law allows parents to file a pre-need declaration of guardian of a minor.
It’s important to point out that a guardianship is only authorized when a less restrictive option is unavailable to the court. More effective and efficient solutions can be achieved through the use of estate planning tools, such as a trust, a durable power of attorney, and health care surrogate documents.
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 352-394-4008 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.