Whether you’re a long-time Floridian or you’ve decided to make the state your home in retirement, it’s important to know the state’s laws and options as you create or modify your estate plan.
It’s crucial to plan not just for what happens to your assets after you pass away, but who you want to put in charge of your health care and finances if you become severely ill or injured and unable to express your wishes. This involves giving at least one person power of attorney (POA) to make these decisions – according to your stated wishes, which you should include in your documents.
Florida has yet another option to allow people to help ensure their well-being if they reach a point where they can’t care for themselves. They can designate a “preneed guardian.”
What the law says about preneed guardians
The law states that a designated preneed guardian will be responsible for someone’s care “upon an adjudication of incapacity.” You might choose the person to whom you’ve given POA over your health care and/or finances. However, you might determine that someone else would be better suited to the role.
Of course, it’s critical to get your chosen preneed guardian’s informed consent before naming them, as this can be a huge responsibility. It’s also smart to name at least one alternate. (The same is true for anyone to whom you give responsibilities in your estate plan.)
The advantages of naming a preneed guardian
By designating your own potential future guardian, you save your family the time, money and stress of deciding who will be your guardian and of going to court to seek guardianship if that becomes necessary. If you don’t have close family, it also helps ensure that you can name someone you trust to take on the role and don’t risk having a court-appointed guardian who doesn’t know you and may have the same responsibility for many other people. Even if you want to live in a comfortable care facility when you’re no longer able to live on your own, you still need a designated guardian to help advocate for your rights and well-being.
It’s never pleasant to think about a time when you won’t be able to care for yourself. However, by making these decisions now, with experienced estate planning guidance, you’ll be surprised at the peace of mind you’ll have about the future.