In life, there are things that can happen that can turn our world upside down. Sometimes, we may have the ability to see these unfortunate circumstances coming. Other times, we don’t. Perhaps we may witness a debilitating disease worsening. As heartbreaking and difficult these situations may be, there are still some important decisions to be made if you can see difficult conditions worsening. Contacting an attorney to discuss a preneed guardian designation is one way to prepare for the road ahead.
Florida Guardian Designations: Florida Statute 744.3045
You may have heard the term preneed guardian designation before, or maybe you haven’t. In Florida, guardian designations are one way to prepare in case you become incapacitated. In Florida guardian designations, you decide who will be your guardian in case of your incapacitation, and what duties they will be responsible for in you care. For instance, sometimes Alzheimer’s Disease can be diagnosed early on. If this the case, then it may be in your best interest to designate a preneed guardian. In Florida, guardian designations are described in Florida Statute 744.3045:
“Preneed guardian.—
(1) A competent adult may name a preneed guardian by making a written declaration that names such guardian to serve in the event of the declarant’s incapacity.
(2) The written declaration must reasonably identify the declarant and preneed guardian and be signed by the declarant in the presence of at least two attesting witnesses present at the same time.
(3) The declarant may file the declaration with the clerk of the court. When a petition for incapacity is filed, the clerk shall produce the declaration.
(4) Production of the declaration in a proceeding for incapacity shall constitute a rebuttable presumption that the preneed guardian is entitled to serve as guardian. The court shall not be bound to appoint the preneed guardian if the preneed guardian is found to be unqualified to serve as guardian.
(5) The preneed guardian shall assume the duties of guardian immediately upon an adjudication of incapacity.
(6) If the preneed guardian refuses to serve, a written declaration appointing an alternate preneed guardian constitutes a rebuttable presumption that such preneed guardian is entitled to serve as guardian. The court is not bound to appoint the alternate preneed guardian if the alternate preneed guardian is found to be unqualified to serve as guardian.
(7) Within 20 days after assumption of duties as guardian, a preneed guardian shall petition for confirmation of appointment. If the court finds the preneed guardian to be qualified to serve as guardian pursuant to ss. 744.309 and 744.312, appointment of the guardian must be confirmed. Each guardian so confirmed shall file an oath in accordance with s. 744.347 and shall file a bond, if required. Letters of guardianship must then be issued in the manner provided in s. 744.345.” (2018).
Florida Guardian Designations for Minors
On other hand, you may want to look into Florida guardian designations for your child. Sadly, there are times when the parents of a child become incapacitated or pass away. By having a guardian designation, you can rest assured that you know who will be taking care of you in the unfortunate case of you incapacitation or death. Of course, there is also a preneed guardian designation for a minor described in the Florida Statutes. Let’s take a look at the statute. Florida Statute 744.3046(1)(2) states:
“Preneed guardian for minor.—
(1) Both parents, natural or adoptive, if living, or the surviving parent, may nominate a preneed guardian of the person or property or both of the parent’s minor child by making a written declaration that names such guardian to serve if the minor’s last surviving parent becomes incapacitated or dies. The declarant or declarants may also name an alternate to the guardian to act if the designated preneed guardian refuses to serve, renounces the appointment, dies, or becomes incapacitated after the death of the last surviving parent of the minor.
(2) The written declaration must reasonably identify the declarant or declarants and the designated preneed guardian and must be signed by the declarant or declarants in the presence of at least two attesting witnesses present at the same time. The written declaration must also provide the following information for each minor child named in such declaration: the full name as it appears on the birth certificate or as ordered by a court, date of birth, and social security number, if any.” (2018).
Florida Statute 744.3046(3-6) further details information on Florida guardian designations for minors:
“(3) The declarant must file the declaration with the clerk of the court. When a petition for incapacity of the last surviving parent or the appointment of a guardian upon the death of the last surviving parent is filed, the clerk shall produce the declaration.
(4) Production of the declaration in a proceeding to determine incapacity of the last surviving parent, or in a proceeding to appoint a guardian upon the death of the last surviving parent, constitutes a rebuttable presumption that the designated preneed guardian is entitled to serve as guardian. The court is not bound to appoint the designated preneed guardian if the designated preneed guardian is found to be unqualified to serve as guardian.
(5) The preneed guardian shall assume the duties of guardian immediately upon an adjudication of incapacity of the last surviving parent or the death of the last surviving parent.
(6) If the preneed guardian refuses to serve, a written declaration appointing an alternate preneed guardian constitutes a rebuttable presumption that the alternate preneed guardian is entitled to serve as guardian. The court is not bound to appoint the alternate preneed guardian if the alternate preneed guardian is found to be unqualified to serve as guardian.” (2018).
The portion of the Florida Statutes that we have placed above are only a portion of what may be addressed when you meet with an attorney about these matters.
Contact Bret Jones, P.A. for Considerate Legal Care
At Bret Jones, P.A., we understand that life can be very difficult, and even harder for some. It’s not easy to come into a law firm to prepare what may be a trying time ahead. That is why we strive to be as caring and considerate as possible when discussing Florida guardian designations. We want to make sure that all of your wishes are followed, and that you feel that your voice is heard. We are here for you at Bret Jones, P.A. Preparing Florida guardian designations is an important task. No matter what your reason is for coming to our law firm, we want you to be as comfortable as possible when you are speaking about the future welfare of yourself or your child. It’s not an easy task to prepare for unfortunate circumstances, but it is an important step to take. Don’t leave decisions up to the courts, when you can ensure that your wishes are fulfilled. Choose the person you want as you or your child’s guardian in case of your incapacitation. Plan ahead, and let us at Bret Jones, P.A. help you do it. Please don’t hesitate to reach out to us if you have any questions. Contact us today.
