Every parent fervently hopes to see their children reach adulthood, but, sadly, sometimes parents die before their children are grown. For peace of mind, parents can name a guardian for their children ahead of time. Most parents elect to do this in their Last Will & Testament; or as an alternative, parents can designate a guardian by using a form called: “DECLARATION NOMINATING PRENEED GUARDIAN OF PERSON AND PROPERTYOF MINOR CHILD(REN) “
According to Florida Statute 744.3046 Preneed guardian for minor. (7)
Within 20 days after assumption of duties as guardian, a preneed guardian shall petition for confirmation of appointment. If the court finds the preneed guardian to be qualified to serve as guardian, appointment of the guardian must be confirmed.
There are two types of guardianship to be determined for this type of estate planning: Guardian of the Person; and Guardian of the Property. As a practical matter many parents choose to designate both powers together. The powers and authority given to a guardian are exactly what they sound like. Guardian of the Person means that the designated guardian takes care of day to day needs of the child(ren). Guardian of the Property means that the designated guardian handles all finances and financial decisions by and for the the child. Parents often bequeath money to their heirs, and if the heir is a minor child, will leave the money in a trust to be overseen by the guardian of the property.
When choosing a guardian for your children there are several factors to consider:
The age of the designated guardian. Although it may be tempting to designate your mother as guardian, your mother may not be able to realistically take care of your children, depending on her age.
Likewise, a sibling could be a logical choice for guardian. But, if that sibling lives far away, or even in a different town, that likely means your children will have to change schools.
Religious preferences and practices may also need to be considered. If you are very religious and your guardian is not, then the children's religious upbringing will likely be very different from what you would want.
Also consider any other factor that you consider important to your child's well being and development.
It is considered good practice to designate an alternate guardian, just in case the person you designated is unable or unwilling to take on the responsibility. Using the declaration form rather than designating the guardian in your will may be the better plan, because the declaration accounts for the event of your incapacity while a last will and testament only takes into account your death.
See – Florida Statute 744.3046 Preneed guardian for minor.
