What Is a Preneed Guardian in Florida?

Life is unpredictable, and planning ahead ensures your loved ones will be protected. Parents can legally name a preneed guardian in Florida to care for their children if they become incapacitated or pass away.

Adults can also designate someone to manage their affairs if they can no longer make decisions. This proactive step prevents family disputes and provides peace of mind.

At Cameron H.P. White, P.A., we help families throughout Florida create legally sound plans to protect their futures. This article will explain everything you need to know about preneed guardianship in Florida.

What Is a Preneed Guardian, and Why Is It Important?

A preneed guardian is someone you legally designate in advance to care for your minor children or manage your affairs if you become incapacitated.

There are two main reasons someone might designate a preneed guardian:

• Parents of Minor Children – If both parents pass away or become unable to care for their child, the court will prioritize the designated preneed guardian, reducing uncertainty and potential legal battles.
• Adults Planning for Incapacity – If an illness or injury prevents you from making decisions, a preneed guardian can step in to handle your personal and financial matters.

Unlike a court-appointed guardian, a preneed guardian is chosen by you ahead of time, ensuring that someone you trust takes on this responsibility. Without one, the court will decide who assumes the role, which may not align with your wishes.

Why Should You Designate a Preneed Guardian?

There are several important reasons to take this step:

• You can relax knowing your children or your affairs will be in the hands of someone you trust.
• Without a clear nomination, disagreements among family members over who should take responsibility can lead to costly and stressful legal battles.
• Your children’s lives won’t be disrupted by unnecessary court delays.
• Instead of leaving the decision up to a judge, you get to choose someone who aligns with your values and parenting style.
• You can choose someone you trust to manage your affairs if you become incapacitated rather than leaving it up to the court.

Who Can Be a Preneed Guardian?

Not just anyone can be a preneed guardian. There are legal and practical considerations to keep in mind.

In Florida, a preneed guardian must:

• Be at least 18 years old
• Be a Florida resident (exceptions exist for close family members who live out of state)
• Have no felony convictions

Beyond the legal requirements, you’ll want to think carefully about who would be the best fit. Some key factors to consider include:

• Relationship with the child or incapacitated person – Does this person already have a strong bond with your child? Do they understand your wishes?
• Lifestyle, values, and parenting style – Will this person raise your child in a way that aligns with your beliefs?
• Financial stability – Are they in a position to take on the responsibility?
• Willingness and ability – Just because someone is a great person doesn’t mean they’re ready to take on the responsibility.
• Location – Would moving to their home cause major disruptions in your child’s life?

You can also nominate co-guardians—but it’s important to think through whether this makes sense. While co-guardianship can provide balance, it can also lead to complications if disagreements arise.

If you do choose multiple guardians, make sure they can work together smoothly.

How to Nominate a Preneed Guardian in Florida

Designating a preneed guardian isn’t complicated, but it does require following the proper legal steps.

A preneed guardian designation must:

• Be in writing
• Be signed by you (the person making the nomination)
• Be witnessed by two competent adults

You have two main options for making your designation official:

1. As part of your will – Many people include their preneed guardian nomination in their will, ensuring it’s part of their overall estate plan.
2. As a separate document – This may be useful if you want to be able to make a change without modifying your entire will.

Both options are legally valid, but having an attorney review your documents ensures there are no mistakes that could cause issues later.

After making your nomination, you can file it with the court clerk in the county where you live. This makes it easier to access if needed in the future.

What Happens After a Nomination?

A preneed guardian does not have any immediate authority. Instead, they must be formally appointed by the court if and when the need arises.

If a preneed guardian is needed, the court will:

1. Review the official petition requesting guardianship.
2. Confirm that the nominated guardian meets all legal requirements.
3. Ensure that the appointment is in the best interests of the child or incapacitated person.

If the nominated guardian is unable or unwilling to take on the responsibility, the court will consider other suitable individuals, often prioritizing close family members. If no suitable person is available, a professional guardian may be appointed.

Why Should You Review and Update a Preneed Guardianship?

Life changes, and so should your preneed guardianship designation. It’s a good idea to review your nomination periodically to ensure it still reflects your wishes.

Situations that might require an update include:

• Changes in your family (e.g., divorce, remarriage, new children)
• Changes in the guardian’s circumstances (e.g., health issues, relocation)
• Changes in your wishes or priorities
• Changes in Florida law that impact guardianship rules

A simple review every few years can help prevent complications down the road.

Protect Your Family’s Future in Florida – Contact Cameron H.P. White, P.A.

Choosing a preneed guardian is one of the most important steps you can take to protect your loved ones. It ensures your children will be cared for by someone you trust and that your affairs will be handled according to your wishes.

At Cameron H.P. White, P.A., we work with families throughout Florida to put legally sound plans in place. If you’re ready to designate a preneed guardian or need help reviewing your estate plan, call us today at (407) 792-6011.