We’ve all seen the tv shows or movies where a person needs immediate health care, but (pause for dramatic effect) there is a fight over which person has the right to make medical decisions on their behalf. Well, this doesn’t just happen in Hollywood. This is a common occurrence in real life with real consequences and it’s not restricted to medical decisions.
Fortunately there is a legal tool which can help mitigate these trying circumstances. It’s called a ‘Preneed Guardianship’. Florida statute 744.3045 has the full details, but in essence a Designation of Preneed Guardianship allows a person to select their guardian should they become incapicitated in the future. A list of guardians may be designated in order of preference. In addition to listing who the person would like to have as their guardian, the document also allows a person to list individuals who they do not want to serve as their guardian. The State of Florida also allows a parent to name a preneed guardian for their minor children should the parent become incapcitated, disabled, or die.
The Preneed Guardianship is intended to ease the process of the court naming a guardian. It can also reduce family friction and can help deter abuse and exploitation of the person in need. When deciding who to name as your guardian, it’s important to choose someone who you trust will make decisions in your best interest; even make the decisions as they believe you yourself would make if you were capable.
The court in the county where the incapacitated person lives ultimately has the power to approve or deny who will become the guardian. When a petition to determine incapacity is filed with the court, they will check to see if a preneed guardianship is already in place. Florida statute states “The court shall not be bound to appoint the preneed guardian if the preneed guardian is found to be unqualified to serve as guardian.”
The Law Office of Pamela J Helton has been serving the community for 20+ years. We are here to assist with all of your family law needs including wills and estate planning. Our attorneys will guide you through the process and will prepare all of the necessary documents. To schedule an appointment, please call 352-243-9991. We look forward to speaking with you.
