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What is preneed guardianship and why would you need one?

On Behalf of | Apr 17, 2025 | Pre-Need Guardian |

Life is unpredictable, and ensuring your affairs are in order can provide serenity for you and your loved ones. 

Preneed guardianship arrangements allow you to designate a trusted guardian before you ever need one. This can help you rest easy knowing your personal and financial matters are handled by someone you trust if you become incapacitated. 

Reasons for preneed guardianship

Establishing your own guardianship in advance can help you continue playing an active role in safeguarding your future. Rather than putting this critical decision in the hands of a court, you can select someone who aligns with your values and preferences.

For parents, it helps ensure that minor children are cared for by someone they trust in case of incapacity or death. For adults, it provides a clear plan for managing affairs, reducing uncertainty and stress for family members.

Benefits of preneed guardianship

Designating a preneed guardian offers several advantages. 

  • Empowers courts to prioritize your choice of guardian
  • Simplifies the guardianship process during emergencies
  • Reduces family disputes and potential legal battles
  • Secures future care and decision-making

Additionally, it provides immediate and long-term peace of mind to you and your loved ones.

Requirements for preneed guardianship

Florida law requires that the individual designating a preneed guardian must be a competent adult at the time of signing the declaration. 

The document must clearly identify the declarant and the proposed guardian and must be signed in the presence of two witnesses. It should be filed with the court clerk, and the designated guardian must apply for confirmation within 20 days of assuming their role.

If you need information or legal guidance, consider reaching out to someone who understands Florida estate planning and guardianship laws.

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