If parents with minor children die, a Guardian will be appointed to raise and care for the children. Parents have the right to designate who will be appointed Guardian--so long as the parents do so before they die. If they do not, then a court will make the decision.
When meeting with estate planning clients, I often start by asking a simple question: "What matters most to you?" Without fail, the answer I get most often is "My family and my loved ones." This simple question and answer goes right to the heart of what we do as estate planning lawyers. We help people plan and prepare to assist their family and loved ones in the event of illness, incapacity, or death.
If you are the parent of a minor child, there are two crucial decisions which you should make and incorporate into your estate plan in order to protect your child. The first involves who will raise your child if you die and the second is who will be in charge of the assets or money you leave to provide for your child after your death.
In Florida, the TV advertising lawyers talk a lot about settling cases. What you do not hear much about is whether, or when, settlement of a case must be approved by a court. Attorneys handling probate matters often are asked to assist in getting court approval when it is required.
Parents of a minor child can act as natural guardians of their minor child and can act in certain limited ways without court involvement.
This ia another in a series of blog entries discussing Florida's recent changes to Chapter 825 which addresses exploitation of an elderly person or disabled adult.