Those Florida families with large support systems and close, loving relationships with friends and family already know they have a built-in system. They can raise their children in an environment where they can feel fully supported. However, even in situations where one believes their children will be safe and well cared for if they can no longer care for those minor children, should not leave it up to family or the court system to determine guardianship in their absence. It may lead to legal complications and disputes that could ultimately cause harm to said minor children. Learning about the impact planned guardianship can have will benefit an estate plan and potentially one’s minor children.
If and when a minor child’s parents pass away or are otherwise unable to care for them, the court will determine who will make decisions on behalf of the minor child, unless there is a named Guardian within the estate. The judge will do the best they can to make this determination in the best interest of the said minor child, but the reality is that they do not personally know the subject children nor their particular family dynamics.
In some cases, one may not have a good relationship with a family member, but after their passing, if the said relative petitions for guardianship of the deceased party’s child, it is possible that the judge will select them for as a legal guardian. They could have complete control over that individual’s child’s inheritance, well-being, and the values with which they will be raised. On the other hand, said party may be expecting someone close to them will be able to step in and become a Guardian. However, in that moment, that particular person may not be prepared or willing.
Naming a Guardian in a Trust or a Last Will or Declaration of Preneed Guardian for Minor Children can eliminate any ambiguity about one’s desires or wishes. With a named Guardian, the minor children will be cared for by someone the deceased parent approves of, and it will be more difficult for anyone to dispute their guardianship rights if said parent becomes incapacitated or passes away. Incorporating these estate planning tools can protect one’s child’s inheritance or give the Guardian the financial means to raise the child.
Choosing someone to be a Guardian is not an easy task. If possible, it should be someone who is close to the parents and their children. They should understand and respect the personal values and beliefs of the said parent and be willing to impart them to the subject minor children. A potential Guardian should also be fiscally responsible. Anyone who is expected to raise a child should have the financial means to do so. If tasked with managing the child’s inheritance, they should be capable of using it for the best interest of the child and not for personal gain.
Although one’s children may not need to be directly involved with the estate planning process, generally, it may be important to consider their wishes when it comes to guardianship. It should be a collaborative process between the parents, their children, and their prospective Guardians. The most important characteristic of a Guardian is that they care about the subject minor children and are willing to care for their needs in the said parent’s stead.
The process of selecting and incorporating a Guardian for one’s children within their estate plan may be a bit challenging, but the benefits are well worth it. The parent who may become incapacitated or pass away can have peace of mind knowing that their minor children will be safe and well cared for and that their inheritance will be protected.
On can name a Guardian in a Last Will & Testament and use a testamentary Minor’s Trust for receipt of assets, a Living Trust and/or Preneed Guardian Declaration or Designation.
The foregoing may not be an easy subject for parents to consider and contemplate, but it is a possibility. Without comprehensive estate planning, one could leave their minor children and dependents vulnerable. However, with the proper estate planning tools, a Florida resident can rest assured that their loved ones are appropriately cared for and their future secure.
The foregoing is a brief and general overview of advanced naming of a Guardian for Minor Children in Florida.
If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.