Guardian Nominations for Children Lawyer

As a parent, you don’t want to contemplate a future where your children need a guardian. But the fact that you are reading this now means that you are ready to take the right steps to protect them in this type of situation. That shows discipline and foresight.

At the Law Office of Cameron H.P. White, P.A., we work to protect families from a host of unknown problems, because none of us know what the future holds. Feeling prepared for the worst in the future allows you to relax in the present just a bit more. We will ensure that you have the guardianship designations and other provisions you need to protect your family.

Preneed Guardians in Florida

Section 744.3046 of the Florida statutes allows parents to nominate what the state refers to as a “preneed” guardian for their minor children. In other words, the statute lets parents decide who they would want to be the guardian for their child if the need ever arose. The law also allows parents to name an alternate in case the person designated is not able to serve or chooses not to take on the role.

If both of a child’s legal parents are still living, then both must approve the nomination.

The nomination of a guardian must be made in writing and it needs to meet certain legal requirements for the court to recognize the validity. In addition, the document that includes the nomination of a guardian must be filed with the clerk of the court.

A guardian nominated in a preneed document can serve either in the case of incapacity or death. That means if one or both parents are still living but the court declares that they don’t have the physical or mental capacity to take care of the child, then the guardian can step in and legally take over. The court will generally honor the parents’ nomination of a guardian unless it is blatantly apparent that the person named in the document is not fit to serve.

Powers of a Guardian

Parents can nominate both a guardian of the person, guardian of the property, or both. A guardian of the person handles issues such as health care, living arrangements, food, and school. The guardian of the property, on the other hand, is in charge of the minor child’s financial interests. This includes property the child inherits from their parents.

You can nominate the same person to handle both tasks, or you can pick two different people. If you have a family member or friend who would take excellent care of your children but is not so great at handling money, dividing up the guardian role can put your mind at ease. The role of financial guardian could be handled by a professional such as an attorney or banker.

Protect Your Children with the Right Guardian Nomination from the Law Office of Cameron H.P. White

While many people include a guardian designation in their wills, you might also establish a guardian nomination in a separate document to protect your child in case guardianship becomes necessary during your lifetime.

At the Law Office of Cameron H.P. White, P.A., we will review the details of your circumstances and help you choose the right options for guardianship nomination. We can handle all of the formalities so that you don’t need to worry about the details, and we will work to ensure that your guardianship designation coordinates with other elements of your estate plan for maximum protection. To learn more about guardianship nomination and the other ways we can safeguard your family, schedule a consultation with us today.