Florida has some unique laws. Some work to the advantage of those of us who call this state home. One is the ability to designate a “preneed guardian” as part of the estate planning process. That means you can name someone who will assume responsibility for your care “upon an adjudication of incapacity.”
This isn’t the same as giving someone power of attorney (POA) over your health care and financial decisions if you become incapacitated. A guardian will “assume the duties of guardian immediately upon an adjudication of incapacity.” That means they’ll be responsible for your care and well-being.
By designating the person you want (and who agrees) to be your guardian, you don’t have to worry that your family or the court may end up assigning someone who doesn’t have your best interests in mind or perhaps doesn’t even know you and has responsibility for multiple other people. Your preneed guardian doesn’t have to be a relative. Under Florida law, it can be any “competent adult.”
What does the guardian need to do if you become incapacitated?
The preneed guardian assumes responsibility for a person’s care once the court receives a “declaration of incapacity.” Unless they refuse to do so or can’t be located, the court will allow them to assume the responsibilities.
There’s a “rebuttable presumption” that the person named is qualified for the position. Within three weeks, however, they need to get their guardianship confirmed by the court.
Why adults of any age can benefit from designating a preneed guardian
Naming a preneed guardian (and at least one alternative) can provide important peace of mind for adults of any age that they’ll be cared for should something happen that leaves them unable to care for themselves. It’s particularly crucial for those who have no living family, who aren’t close to their family (geographically or in any other way) or simply want to avoid conflict about who will assume responsibility for their care should that become necessary.
It’s crucial to codify your preneed guardian (and others whom you’re giving such important roles) correctly so there aren’t unnecessary delays and issues. Getting experienced estate planning guidance is the best place to start.
