A pre-need guardian, as defined in Section 744.3045 of the Florida Statutes, is a guardian designated in advance by a competent adult through a written declaration. This declaration names the pre-need guardian, who would step in and serve if the declarant becomes incapacitated. This legal provision allows individuals to plan for their potential incapacity by specifying who they would like to assume their guardian role if the need arises.
Designating a pre-need guardian is a necessary part of a comprehensive Estate Plan to make sure that in the event a Court Proceeding determines that a guardian must be appointed over you, you have already nominated a guardian and alternates of your choosing and not leaving it up to the Court who may select someone you do not want to be your guardian. Consult with a Tallahassee Estate Planning Lawyer to discuss who should be designated as your pre-need guardian.
