An individual’s personal decision to name a preneed guardian may prove to be vitally important.  A competent adult is permitted to select a preneed guardian by making a written declaration that names a specific guardian to serve in the event of the person’s incapacity.  Section 744.3045(1), Florida Statutes.  In the event that a proceeding to determine incapacity is initiated, a valid written declaration naming preneed guardian constitutes a, “rebuttable presumption that the preneed guardian is entitled to serve as guardian.” …