Many parents are familiar with designating guardians in their Will to care for their minor children in the event of their death. But what if you become incapacitated?
The recent pandemic has brought these types of questions to the forefront of parents’ minds. Last week, an attorney of our firm was approached by a friend who is a single parent asking about this very question – “Can I designate who will care for my children now, in case something were to happen to me in the future?” The answer is yes.
Florida law allows parents to designate what are called “pre-need guardians” for their minor children. Florida law outlines what is required to be included in a Declaration Naming Pre-need Guardian. The Declaration must be signed by the parent(s) in the presence of two witnesses and be filed with the clerk of court. Upon the death or determination of incapacity of the surviving parent, the court must consider the parents’ Declaration in determining who will serve as the minor’s guardian. Parents can even name alternate guardians for their children in the same Declaration.
If you are a parent of a minor child and would like to discuss your options for designating guardians for your children as part of your estate plan, the attorneys at The Diamond Law Firm are here to help you. Please contact our office to arrange a consultation.