GUARDIANSHIP PLANNING · FLORIDA
Choose who cares for your family, before a court has to.
Guardians for your minor children
A declaration naming preneed guardians lets you name who should care for your minor children if both parents die or become incapacitated. You can also state your preference in your will. Naming alternates matters, and so does planning how your children’s inheritance will be managed, often through a trust.
A guardian for yourself, if ever needed
Florida also lets adults sign a preneed guardian designation naming who should serve as their own guardian if one is ever required. Combined with a durable power of attorney and health care directives, this can often make a guardianship unnecessary.
Guardian advocacy
For a family member with a developmental disability who turns 18, Florida offers guardian advocacy, a less restrictive alternative to a full guardianship in many cases. We explain the process and help families decide what level of support fits.
Special needs planning
Leaving an inheritance directly to a loved one who receives needs-based government benefits can put those benefits at risk. A properly drafted special needs trust can provide support without disqualifying them.
DOCUMENTS WE PREPARE
- Declaration naming preneed guardians for minor children
- Preneed guardian designation for yourself
- Testamentary guardian preferences in your will
- Special needs trusts
- Guidance on guardian advocacy
Talk it through with our team
COMMON QUESTIONS
Questions families ask
Florida courts give strong weight to a written preneed designation and generally appoint the person you name unless doing so is not in the best interests of the child or ward.
Possibly, but Florida has rules about who may serve, including for non-residents. We help you choose someone who qualifies and name alternates.
Often, yes. A well-drafted durable power of attorney and health care surrogate designation can let trusted people act for you without a court-appointed guardian.
