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Home >> Guardians in Florida: Can you Choose a Guardian?

Guardians in Florida: Can you Choose a Guardian?

December 5, 2015 by Robert Kulas. Leave a Comment

Guardians in Florida: Can you Choose a Guardian?Since we have been discussing guardians in Florida lately, we thought we would take a little time to discuss how you can choose a guardian in some situations. Like many other estate planning issues, the questions that courts face when they determine guardianship issues can be addressed in advance by people who take the time to create the proper tools. Particularly, parents with young children and people who are worried about having a guardian manage their affairs in the event they become incapacitated can’t take steps while they are able that will control the court’s decision, or at least influence it, if and when it comes time for court to get involved. With that in mind, let’s take a look at what you can do to choose a guardian in Florida.

Choose a Guardian for Your Children

When parents of young children in Florida create an estate plan, one of the big issues they need to consider is who they want to take over caring for their child in the event one or both of the parents die or becomes unable to make choices or communicate.

Let’s take, as an example, a situation in which a married couple is raising a young child. Let’s say the couple is involved in a serious car accident. One spouse dies, but the other is less seriously injured and unable to communicate. Who cares for the child? Who makes decisions about the child’s health care, finances, and day-to-day living arrangements?

If the parents had, either individually or jointly, created a last will and testament, they would likely have chosen a guardian to take over child-rearing responsibilities and name their choice in the will. As long as the will is properly drafted, and as long as chosen guardian is suitable, a Florida court will recognize the parental choice and name the selection as the child’s guardian.

On the other hand, if the parents die without leaving behind a last will and testament the court will have to determine on its own who best to care for the child.

Choose a Guardian for Yourself

When you are creating an estate plan you will also have the ability to name someone, or multiple people, who will be able to look after your own affairs if and when you become incapacitated. There are a variety of tools that allow you to do this, and which effectively give you the ability to choose your own guardian. These include, for example, durable powers of attorney for finances and advance directives for health care. As long as you create these tools properly and choose someone who is capable of making decisions you can select whomever you like to have authority to make decisions on your behalf, or manage your affairs, should you lose your abilities or capacities.

Filed Under: Estate Planning

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"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

Janice M
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August 25, 2020
    

Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

Krissy L.
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I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

Leo C.
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Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

Mildred W.
Client Review
August 25, 2020
    

I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

Joan C.
Client Review
August 25, 2020
    

We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

L.G.K.
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