July 2022

Children need their parents. Not only do the child’s parents care for them, but they also make basic decisions for the child until they reach the age of maturity.

But what happens if the parents pass away? Then the law appoints a guardian for the child to make decisions that the child is legally incapable of making, like medical or financial decisions.

What is a Guardian?

A guardian is a person the court appoints to act on behalf of an individual’s person or property or both. When under the care of a guardian, the incapacitated individual is called the ward. A preneed guardian is appointed over a ward who is a child (a minor), an elderly parent, or even the person themself.

Preneed Guardians for Children

The parents, or a single parent – whether natural or adoptive – may designate a preneed guardian for their child. They file a declaration of preneed guardian form with the court. This declaration names the individual who will become the child’s guardian if the child’s last surviving parent dies or becomes incapacitated. The declaration of preneed guardian form may also designate an alternate to the guardian. This is helpful if the first nominated preneed guardian refuses to serve, quits the appointment, dies, or becomes incapacitated after the death of the child’s last surviving parent.

The declaration of preneed guardian form must identify the declarants (the parents), or declarant (single parent), and the child. The declarants or declarant must sign the declaration in the presence of two attesting witnesses at the same time.

The declaration of preneed guardian form must also provide the following information for the child: full name as documented on the child’s birth certificate or as ordered by a court, date of birth, and if it has been obtained, the minor’s social security number.

The declarants or declarant file the declaration with the court clerk. Upon the death of the last surviving parent, a petition is filed to appoint a guardian. In that case, the clerk will produce the declaration.

Within 20 days after assuming a guardian’s duties, the preneed guardian must petition the court for confirmation of the appointment. 

Work with Estate Planning Lawyers in Palm Beach

The designation of a preneed guardian is an option that should be seriously considered when planning for the future. You want to make sure your children or others are cared for by a responsible person if something were to happen to you and your spouse.

At Doane & Doane, we help you determine the best tools to plan for life’s eventuality. We pride ourselves on offering the kind of one-on-one attention that clients at big firms often do not enjoy. Let us help you. 

Learn more in the full article about a preneed guardianship for your children and others like yourself or an elderly parent.

Read the Full Article Here

Many people try to handle their estate planning on their own, but this can be a dangerous proposition. Estate planning is a complex process, and there are many potential pitfalls. If you make a mistake, it could prove costly.

Many DIYers who attempt to tackle estate planning on their own end up making common mistakes, such as:

• Failing to Plan For Incapacity: If you become incapacitated, who will make financial and medical decisions on your behalf? Without proper planning, your family will have to go to court to get a guardian appointed.

• Not Providing for Minor Children: If you have young children, it’s important to designate a guardian in the event of your death. If you don’t, the court will decide who will raise your children.

• Leaving Assets Outright to Beneficiaries: When you leave assets outright to beneficiaries, they can be subject to creditors’ claims and estate taxes. An experienced attorney can help you structure your assets in a way that protects them from these risks.

• Failing to Update Your Plan: Your estate plan should be reviewed and updated regularly to reflect changes in your life and the law. Many people fail to do this, and as a result, their plans are outdated and ineffective.

If you’re not careful, estate planning mistakes can end up costing your family dearly. That’s why it’s so important to work with an experienced attorney.

If you’re in need of an estate planning law firm, look no further than Doane & Doane. We have nearly 20 years of experience helping clients with their estate planning needs. We’re dedicated to providing our clients with the best possible service, and we’ll work with you to ensure that your plan is carried out exactly as you intended.

Visit out website to learn more about our services or to schedule a consultation, call us today. We look forward to speaking with you!

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