Declaration of Pre-Need Guardian in St. Petersburg

The Declaration of Pre-Need Guardian Form is very important to consider in the process of estate planning.  Many people ask the question “What is a Declaration of Pre-Need Guardian?”  To put it simply, a Declaration of Pre-Need Guardian allows you to appoint an individual, or multiple individuals, to become Guardian of your property and person, in the event that a legal guardianship is ever required over you in a future situation.

If you do not have a Declaration of Pre-Need Guardian, the court will appoint a Guardian for you, but it may not be a person or persons you would select if you had the choice.

So, why do you need a Declaration of Pre-Need Guardian? This question is particularly relevant when one considers that a comprehensive estate plan would almost certainly already include a Durable Power of Attorney, giving someone the power to make legal and financial decisions for you in the event you are unable to do so, and a Healthcare Surrogate form, giving a selected person the power to make medical decisions on your behalf. Well, although those other documents can be a very effective solution in most circumstances where you need legal, financial, or medical assistance, there are times when an individual’s physical or mental condition, or both, deteriorate to such a degree that the person cannot function adequately even with those other provisions in place. In that instance, a legal guardianship proceeding will be required by the courts. When this happens, it is the legal Guardian that takes over all of the functions which would ordinarily be handled under the Durable Power of Attorney, and Healthcare Surrogate form. If you do not have a Declaration of Pre-Need Guardian, the court will appoint a Guardian for you, but it may not be a person or persons you would select if you had the choice. This is why it is so important for you to provide for such a situation. Since the law allows you to choose the person that you would like to act as your Guardian in that event, it is wise to take advantage of this opportunity well before the need arises.

A Guardian For Your Property, and For You

Within the Pre-Need Guardian document, you will have the ability to name an individual and an alternate individual to be appointed Guardian of your property, to take care of your property, assets, possessions, and finances should guardianship proceedings over you become necessary. Additionally, you may select an individual and alternate person to be appointed Guardian of your person, to make sure you are being taken care of properly, and that you are receiving appropriate medical care as necessary, should that need ever arise. In our experience as a St. Petersburg Pre-Need Guardian lawyer, we find that most people designate the same individual to act as both Guardian of their property and of their person, though there is no requirement to do so.

An estate planning lawyer, not a guardianship lawyer, will ordinarily prepare this document for you. Just like other estate planning documents there is a specific procedure, which must be followed in the preparation and execution of this legal document. A Declaration of Pre-Need Guardian is an important document in your estate plan. This is why it is so important that you consult with an experienced Pre-Need Guardian lawyer to determine your wishes and needs concerning all of your estate planning. We always offer a free ½ hour initial in office estate planning consultation, click through here to schedule yours. Our goal at David P. Folkenflik, P.A. is to provide you with friendly, prompt, and competent legal services at an affordable cost.

The information contained herein does not constitute legal advice as that can only be given by a direct consultation with the attorney after having reviewed your entire matter and relevant documentation. Actual terms and conditions of representation will be contained in the Representation Agreement.