Couples in Florida would be wise to have a contingency plan for just about everything, not under the expectation that the worst will happen, but to be prepared in case it does. One such plan should be a preneed guardian for both yourself and your children. This is a hugely important document that should not be overlooked when you are planning your estate.
The most important tasks these document accomplish is establish guardians for yourself and your minor children, should you become incapacitated. In addition, it allows you to name a guardian of your property, eliminating the potential struggle for power of attorney. If you do not have an exact name in mind when it comes to guardianship, that’s okay, too. This document allows you to, at minimum, name who you do not want in this position.
You must sign this document in the presence of two witnesses, which negates any discrepancy. Naming a preneed guardian of a minor is highly important if you are a single parent or you believe, for whatever reason, your spouse would not be a suitable guardian. If neither one is signed, guardianship will typically be granted to a blood relative whom the courts deem fit.
Because the courts are often overloaded and do not know your family history, it is important to decide for yourself who will handle affairs should you become incapacitated. An experienced estate planning attorney may be able to provide further counsel on the matter, especially if you are unsure whom to name as guardian.