Why Guardianship Designations Are Essential in Florida
One of the most important decisions you can make as a parent is choosing who would care for your children if something happened to you. In Florida, if no legal guardian is named in your estate planning documents, the court will decide who takes custody—potentially someone you wouldn’t have chosen. That’s why proactively naming a guardian is a critical part of any estate plan for parents with minor children.
How to Legally Name a Guardian
You can legally name a guardian for your children in your Last Will and Testament. In Florida, this designation serves as a powerful recommendation to the court. While judges have the final say, they give significant weight to the parent’s written wishes unless there’s a compelling reason to override them.
It’s wise to name both a primary guardian and one or more alternates in case your first choice is unwilling or unable to serve when the time comes.
Factors to Consider When Choosing a Guardian
Selecting a guardian requires thoughtful consideration. Ask yourself:
- Does this person share your values, parenting style, and beliefs?
- Do they have the time, health, and emotional capacity to care for your children?
- Are they financially stable?
- Will your children need to move or change schools?
- Do your children have a close relationship with this person already?
It’s also important to discuss your decision with your chosen guardian in advance to ensure they’re willing to accept the role.
What Happens If You Don’t Name a Guardian?
If no guardian is named and both parents pass away or become incapacitated, the Florida court will hold a hearing to determine who should receive custody. The process may be delayed, and family members could end up in conflict over who should raise your children. Worse, the court could appoint someone you would never have chosen. Naming a guardian ensures your voice is heard even when you’re no longer there to speak for your children.
Update as Life Changes
As your children grow and relationships evolve, it’s wise to revisit your guardianship choices. A person who seemed like the ideal guardian five years ago may no longer be the best fit. Regular estate plan reviews help keep everything aligned with your current wishes and circumstances.
Secure Your Children’s Future With Confidence
At Yelen Yelen & Simon, P.A., we help Florida parents prepare comprehensive estate plans that protect their families. If you haven’t yet named a guardian—or need to update your documents—we’re here to guide you. Call (305) 445-3721 or visit https://www.yelen-yelen.com/contact/ to schedule a planning session today.