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Should You Always Designate A Family Member to be Your Guardian?

A proper estate plan should include provisions in your Living Trust, and/or in your Last Will and Testament as well as a separate document, for someone known as a Guardian to act on your behalf, if and when you become incapacitated. The separate document is known as a Pre-need Declaration of Guardian.

When having your estate planning documents prepared, you must decide who to designate as your guardian of the person and your guardian of the property.

The question often is whether you should appoint a family member or a professional guardian. The choice is easier for you to select a spouse, adult child, or brother or sister, if that person is reliable, intelligent, and responsible. Sometimes if that is not the case, you may not want to select a family member, but instead choose to designate a trusted friend to act as your guardian.

You may decide to designate a family member or friend to be guardian of the person, but may designate a financial institution authorized to do business in the state of Florida, such as a bank, or investment company, as guardian of your property.

Another option, if no family member or friend is appropriate, is to consider designating as your guardian, a professional guardian. You should select a professional guardian who is experienced, and has the ability to properly act on your behalf. You can ask your estate planning attorney for some referrals of professional guardians. Be sure to ask if they have worked with the professional guardian, and are familiar with the professional guardian’s skills and experience. 

Whoever you designate as your guardian, in the document known as a Pre-need Declaration of Guardian, you will also want to designate an alternate, in the event your first designated guardian is unable or refuses to act as your guardian.

You should consult with an experienced Estate Planning and Guardianship attorney to make certain this very important designation is properly set forth in a legally appropriate document.

If you have any questions, or would like to further discuss this, or other Guardianship or Probate Administration matters, please contact Ann Marie Gilden, Esquire of Ann Marie Giordano Gilden, P.A. at (407) 732-7620 to set up an initial consultation. You may also visit my website at https://www.AnnMarieGildenLaw.com.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create any attorney client relationship.