What is a Preneed Guardian?
A pre-need Guardian is someone you name to manage your property and make health care decisions for you if you are ever determined to be legally incapacitated. But this person must be formally named in advance of your incapacity and done so in a legally effective way.
By naming a Preneed Guardian, you give a rebuttable presumption that this person should be appointed by the Court to manage your affairs if you cannot do so. However, if there is evidence of abuse by the person named your Preneed Guardian, then the Court will protect you and name someone else, most likely an independent person, to act as a fiduciary.
In the context of Planning for Incapacity, a Declaration Naming a Preneed Guardian for the Declarant is prepared in conjunction with the preparation of your Durable Power of Attorney for Financial Matters, Designation of Healthcare Surrogate, and Living Will. If the court finds that the person named as your Preneed Guardian is a suitable fiduciary, as well as your agent under a Durable Power of Attorney and Advance Medical Directive documents, then there is a strong possibility of the Guardianship proceeding being dismissed, and your agent under your documents will be reinstated.
Why do I need a Preneed Guardian Election?
Because we do not know what the future will hold and whether we will ever be involved in a contested Guardianship, it is best to make your wishes known and legally enforceable as to who you trust and who you want to assist you with your financial and healthcare matters.
Give us a call. We can help.
Law Office of Shawn C. Newman, P.A.
710 Northeast 26th Street
Wilton Manors, FL 33305-1238
Phone: (954) 563-9160
Serving all of the greater Fort Lauderdale area and Broward, Palm Beach, and Miami-Dade counties in Southern Florida.