Does the designated preneed guardian automatically become the guardian?
No. It is in your best interests to appoint a guardian who is qualified to serve in the role. If the court does not believe your chosen guardian to be qualified, they have the option to appoint a different one on your behalf. The qualified Orlando estate planning attorney at Finity law can help, but it is always a good idea to designate an alternate guardian in case the first choice declines to assume the responsibility, passes away, or is deemed unqualified by the court.
If I have children should I absolutely designate a preneed guardian in a separate document?
Not necessarily. If the other parent of your children is still living, then guardianship would remain with them. In a situation where you are a single parent, or if both of the children’s parents die simultaneously, some document appointing guardianship would be recommended to ensure your children are placed under the care of the individual or individuals you feel most comfortable. If you already drafted a will or trust that includes directions for appointment of a guardian for minor children, then a preneed guardian may not be necessary. If there are no documents that pertain to the guardianship of your minor children in the event of your incapacitation or death, then it is strongly encouraged to draft such a document for a preneed guardian at your earliest convenience with an estate planning attorney in Orlando.
If you need counsel or more information on the topic of preneed guardianship, please contact our law firm by calling us at (407) 636-4066, email us at firstname.lastname@example.org, or fill out the contact form HERE.