Estate planning involves more than just detailing who will receive your assets when you’re gone. It should include planning for your incapacity. If injury or illness leaves you unable to manage your own affairs, whom do you want to have that responsibility?
Certainly, it’s important to name someone (or different people) to have power of attorney (POA) over your health care and finances should you be unable to speak for yourself or make decisions in those areas. Florida law also allows people to name a “preneed guardian.” That is done via a form that has to be submitted to the court.
What Florida law says about preneed guardians
The law addressing preneed guardianships states that a designated guardian is responsible for a person’s care “upon an adjudication of incapacity.” That means the court has to affirm that a person is incapacitated before their designated guardian can step in.
Often, people name their chosen POA as their preneed guardian. However, it’s not required to be the same person. A guardian has more comprehensive responsibilities. These may include finding a long-term care facility, determining what happens to pets and many other things.
It’s important to know that if a court determines that someone is indeed incapacitated, they aren’t required to approve the designated preneed guardian. However, the law states that there is a “rebuttable presumption that the preneed guardian is entitled to serve as guardian.” That essentially means it’s presumed that the named person is the best choice unless there’s evidence to the contrary.
Why should you name a preneed guardian?
Being able to designate your own future guardian helps you ensure that you’ll be in trusted, capable hands should the time come when you can’t care for yourself – particularly if your incapacitation is sudden or unexpected. If you have family, it saves them the time and expense of going to court to apply for guardianship or, worse, battling over who assumes the role. If you don’t have close family, like a spouse or adult children or grandchildren, it helps you ensure that you won’t end up with a court-appointed guardian who’s a complete stranger.
Whether you’re preparing to put your estate plan in place or you already have one, it’s a good idea to learn more about naming a preneed guardian. Having experienced estate planning guidance can help you determine whether it’s right for you.