Friday, February 15, 2008

Preneed Guardians

Florida law allows for a Designation of "Preneed Guardian". This is a document that allows you to name a guardian of your person or your property in the event that you become incapacitated. The court will honor this designation.

This can be very helpful, for example, in a situation where an elderly parent has one or more children who desire to control the parent's assets by instituting a guardianship proceeding. The parent can, in advance, name a trusted person, whether or not he or she is a family member, to be the parent's guardian if one is needed. This may deter the troublesome child from instituting the proceeding against the parent, as the trusted person will inevitably become the guardian, shutting out the child.

Therefore, a Designation of Preneed Guardian can be very beneficial in the right situation.