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A pre-need guardian designation is a legal document that allows you to nominate the person you want to serve as your guardian in advance, before a court ever needs to appoint one.
In Florida if you ever become incapacitated and a court determines that a guardian is necessary to manage your personal or financial affairs, that court will look first to your pre-need guardian designation when deciding who to appoint. While the court is not bound by your nomination it carries significant weight and is typically honored.
Without a pre-need guardian designation a court appoints whoever it determines is appropriate based on Florida's statutory priority list. That person may or may not be who you would have chosen.
Think of a pre-need guardian designation as the last line of protection in your estate plan. Your durable power of attorney handles your finances. Your health care surrogate handles your medical decisions. Your pre-need guardian designation ensures that if a court ever needs to step in the person standing beside you is the person you chose.
It is a simple document. But the peace of mind it provides is anything but simple.
At Bavaro Legacy Law we include a pre-need guardian designation as part of every comprehensive estate plan we create because complete protection means leaving nothing to chance.
Schedule your free consultation with Vito Bavaro, Esq. today and make sure every decision about your future is yours to make.