A Will may be used to appoint a Guardian for a minor child in the event of the deaths of both parents of a minor child. This is a very important issue for parents  to consider and incorporate into their Wills.

In the absence of a Will or the appointment of a Guardian in a Will, or a Declaration Naming Pre-Need Guardian for Minor (See Exhibit XII of our Firm’s Book), Florida Law controls who will be appointed as Guardian of a deceased parent’s minor children.

A Declaration of Pre-Need Guardian (Similar to Exhibit XII of our Firm’s Book) may also be used to name a Guardian for an adult individual’s person and/or property in the event of their incapacity.