Designation of Pre-Need Guardian in Florida

Designation of Pre-Need Guardian is a legal document in which you choose in advance who you want the court to appoint as your guardian if you ever need one. In Florida, this can apply to:

  • Adults who want to choose who will handle their personal, medical, and/or financial affairs if they become incapacitated and a guardianship is necessary.
  • Parents of minors who want to choose who will care for their children if both parents die or become incapacitated.

This designation can help ensure your wishes are respected and avoid uncertainty or disputes during already difficult times.


For Adults

If an adult becomes unable to manage their affairs and no less restrictive alternative (such as a Durable Power of Attorney or Health Care Surrogate) is in place, a guardianship may be required.

By naming a pre-need guardian in advance, you:

  • Control who the court will appoint.
  • Reduce the risk of conflicts among family members.
  • Provide clear guidance for your loved ones and the court.

Your chosen guardian must still be legally qualified under Florida law, but the court will give priority to your choice unless it is determined that the person is unfit.


For Minors

Florida parents can also designate a pre-need guardian for their minor children in case both parents pass away or become incapacitated.

This ensures:

  • The person you trust most will care for your children.
  • Court proceedings to appoint a guardian are faster and less stressful for your family.
  • Your children’s care is not left to chance or decided solely by the court without your input.

The designation must be in writing, signed, and witnessed according to Florida law.

How We Can Help

At Bart Scovill, PLC, we prepare Designations of Pre-Need Guardian that:

  1. Clearly identify your chosen guardian and any alternates.
  2. Meet all Florida statutory requirements.
  3. Coordinate with your overall estate plan for consistency.
  4. Help avoid costly and emotional disputes in the future.

We work with both individuals and parents to make sure these important protections are in place.


Contact Bart Scovill, PLC at 941-365-2253 or use our online contact form to create or update your Designation of Pre-Need Guardian.

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NOTE: The use of the Internet or this form for communication with the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


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