Jacksonville Divorce Attorney Blog
Florida law allows for a non-legal parent to become the legal Guardian of a Florida Minor should the natural or adoptive parent become incapacitated or die. One way for parents to designate who they want as guardian is name a guardian in their Florida Will. The court shall consider any person designated as guardian in any will in which the ward is designated as a beneficiary. Florida Statute 744.312(3)(c)
It is however, better practice to follow Florida Guardianship Law in having a Preneed Guardian Designation prepared. Both parents, if living, or the surviving parent, may nominate a preneed guardian of the minor by making a written declaration. In that way, when the surviving parent becomes incapacitated or dies his or her wishes as to who should be the guardian of their child has been memorialized in writing. It is important to consult with an Orange Park Guardian Lawyer to make sure that the preneed guardian designation has been executed pursuant to Florida Law and is therefore, valid. The Designation must also be filed with the proper clerk of the court.
Upon a proceeding to determine the last surviving parent incapacitated, or upon the death of the last surviving parent, the production of a preneed declaration constitutes a rebuttable presumption that the designated preneed guardian is entitled to become the guardian. However, the court is not bound by the preneed guardian designation if the guardian is found to be “unqualified” to serve or if the court believes that such appointment of the preneed guardian would be contrary to the minor’s best interest.
Orange Park parents prepare for your children’s future today by talking with an Orange Park Guardian Attorney to learn how simple estate planning allows you to choose the guardian you want for your kids. . . just in case.