Preneed Guardian Designation
(Minor) (FL)

Summary

This template is a preneed guardian designation that can be used to nominate a guardian of minor children. The guardianship will take effect upon the occurrence of the incapacity or death of the custodial parent. This template is for use in Florida and contains practical guidance, drafting notes, and optional clauses. The Florida guardianship laws, codified at Fla. Stat. Ann. § 744.101 et seq., authorize a parent, legal custodian, or legal guardian to designate a preneed guardian without terminating his/her/their parental or legal rights. Fla. Stat. Ann. § 744.3046. In light of the coronavirus pandemic and the potential that a client could face an unexpected medical emergency, you should ensure your clients have the proper documents in place to adequately protect them and their children. The designation must be made in writing. Fla. Stat. Ann. § 744.3046(1). Unlike a testamentary guardian appointed under a will that takes effect at death, a preneed guardian will be able to care for the child during the appointing individual's lifetime upon the adjudication of incapacity of the last surviving parent of the child. Fla. Stat. Ann. § 744.3046(3). This template should be used in conjunction with a Designation of Health Care Surrogate for a Minor form, provided in Fla. Stat. Ann. § 765.2038. For additional information regarding disability and health care planning, see Living Wills and Healthcare Surrogates (FL).