People from all over the country retire to Florida. If you’re one of them, you’ll likely need to make some revisions to your current estate plan to ensure that it conforms with Florida probate laws.
Florida offers some estate planning advantages over other states, so it’s wise to explore them. For example, Florida allows people to designate a “preneed guardian.” That’s someone who has agreed to care for you “upon an adjudication of incapacity.”
What’s unique about a preneed guardian?
A preneed guardian has different responsibilities than someone who has power of attorney (POA) over your finances and/or health care if you become incapacitated and unable to make these decisions yourself. Health care proxies often take over if someone has suffered a catastrophic injury or illness and end-of-life care decisions need to be made.
For many people, incapacitation doesn’t mean they’re near death. People can live a long time while legally incapacitated. By choosing a preneed guardian, you help ensure the person overseeing your care will do what’s best for you and respect your wishes.
You may have already chosen a memory care facility, for example, if you’re in the early stages of dementia or another type of care facility for a time when you need regular assistance. You may choose a relative who is prepared to care for you themselves when the time comes.
By designating a preneed guardian before you need one (as the name suggests), you save your family members the trouble of going to court to seek guardianship and help ensure you don’t end up in a worst case scenario where a guardian is designated by the court whom you don’t know and may be overworked and unqualified.
Choosing a preneed guardian
Florida law allows people to designate any “competent adult” as their preneed guardian. (It’s also wise to name at least one alternate.) That’s done by filing a declaration with the court. It’s used, as noted, only when a court determines that someone is incapacitated.
Choosing your preneed guardian and any alternate(s) requires careful thought. It’s also critical that your chosen guardian fully agrees to accept the responsibilities. You may need to modify your original choice if circumstances change.
It’s a lot to think about. Having experienced Florida estate planning guidance can help you make the best decision for your future and help you to better ensure that your documentation (and your entire estate plan) conforms with Florida law.
