Naming Guardians for Minor Children in Florida

Two ways to name a guardian, and why you want both

In your will. Your will tells the court who you want as guardian after your death. But a will only takes effect once it's admitted to probate, and it does nothing if you are alive but incapacitated.

In a preneed guardian declaration. This separate document names the guardian for each child, is signed in front of two witnesses, and is filed with the clerk of court. Your preneed guardian can start caring for your children immediately upon the death or incapacity of the last surviving parent, then asks the court to confirm the appointment within 20 days.

Health care and emergency decisions for your children

Florida also lets a parent designate a health care surrogate for a minor child (Fla. Stat. § 765.2035), so a trusted adult can consent to medical care if you can't be reached. We pair this with a power of attorney for your chosen guardians, so they can handle school, travel and financial matters for your children in an emergency.

Choosing a guardian: what to consider

• Values and parenting style. Do they share your beliefs about raising, educating and disciplining children?
• Relationship with your children. An existing bond makes a hard transition easier.
• Home, location and stability. Would your children have to move schools or leave family behind?
• Health, age and energy. Can they realistically raise a child to adulthood?
• Siblings. Can they keep your children together?
• Willingness. Ask first, and name at least one alternate.
• Money is a separate question. A guardian doesn't have to be the person who manages your children's inheritance.

Managing your children's inheritance

If minor children inherit money outright in Florida, a court-supervised guardianship of property may be needed until they turn 18, and then they receive everything at once. Leaving the inheritance in a trust instead lets a trustee you choose manage it and distribute it at the ages you choose. The trustee can be the same person as the guardian or someone different.

For military families

If you're stationed at NAS Pensacola, NAS Whiting Field, Eglin AFB or Hurlburt Field, deployment makes guardian planning especially important. We coordinate Florida guardian declarations with the rest of your plan.

Getting started with naming guardians

Schedule a free Peace of Mind Estate Planning Strategy Session online, or call 850-607-2222.

Guardian questions