Mario, Gunde, Peters, Rhoden & Kelley, llc

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    • Kenneth E. RhodenKenneth E. Rhoden – Mr. Rhoden has been an attorney practicing in Brevard County since 1986. He has litigated many serious cases including complex divorces and death penalty cases.
    • Michael J. KelleyMichael J. Kelley – Mr. Kelley is an experienced trial attorney with a strong emphasis on Criminal Defense such as DUI, misdemeanors, felonies, VOP, and juvenile cases.
    • Barbara Helm PetersBarbara Helm Peters – Ms. Peters is an experienced trial attorney with an emphasis in Family Law and Criminal Defense. Admitted to the Florida Bar in 1995, she is also a Florida Supreme Court Certified Mediator.  
    • Bonnie Klein RhodenBonnie Klein Rhoden – Ms. Bonnie Rhoden a member of the Florida Bar, practicing elder law, estate planning, incapacity planning, family law, and landlord/tenant law.
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    • Michel WatsonMichel Watson, Esq. – Ms. Watson is an experienced and detail-oriented attorney. She primarily practices in the areas of family law, debt collection, real estate, dependency, and injunctions.
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    • David Anton GundeDavid Anton Gunde – Mr. Gunde received his Juris Doctorate from the University of Florida in 1987, and admission to the Florida Bar in 1988. He practices Family Law, Civil Litigation, and Criminal Defense.
    • Anthony P. MarioAnthony P. Mario – Mr. Mario founded our firm in Brevard County in 1976. He is retired and is of counsel to the firm. He focused on Family Law, Criminal Defense, and complex Civil Litigation.
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    Home » Wills » Guardianship » Do You Have a Declaration of a Pre-Need Guardian in Your Estate Plan?

    Do You Have a Declaration of a Pre-Need Guardian in Your Estate Plan?

    What is a Pre-Need Guardian?  Why Do You Need One?

    A Declaration of Pre-Need Guardian is a simple document but most estate plans and incapacity plans are lacking one.  It is used to name a person you prefer to be your guardian and who you do not want to provide this service.  At Mario, Gunde, Peters, Rhoden & Kelley you can make this incapacity document part of your plan.

    I find that many clients have a Durable Power of Attorney in their plan documents and that is a necessary part of planning.  Most do not have any preparation for incapacity in the case a guardian of their person or property is necessary.  A Power of Attorney is an important document but what happens if that POA is not strong enough or fails to provide what is needed during times you cannot care for your own needs?   What the State of Florida allows for in the Statutes is Guardianship.  While a guardianship provides for your needs to be met it is a very restrictive and invasive.

    Who will be appointed to make decisions for you?  What if the Court appoints a limited guardian?  What about when the Judge decides you need an Emergency Guardian?  And you have not stated your choice for a guardian – what then?  The Court will choose who will make decisions regarding your person and your property.

    Utilizing a Declaration of Preneed Guardian is not complicated and allows you to state who you want to make your decisions. You can choose a different person to be guardian of your person and guardian of your property or assets.  The Florida Statutes grant authority for a Pre Need Guardian in F.S. §744.3045.  Also available for review in the statutes is F.S. §744.3046 which covers a Declaration of Pre Need Guardian for a minor child.

    The statute for Preneed Guardian outlines who may make a declaration, who may serve, and if your Declaration may be filed with the Court.  The statute says a competent person may make a designation of a qualified adult to serve, it must clearly identify the person to serve and it must be executed with particularity including signing with two witnesses.   The Declaration may be filed in your local Clerk of the Court office.  By creating your Pre-Need Declaration creates what is considered a rebuttable presumption of who is entitled to serve as your guardian.

    In the instance of the Court determining a guardian is needed the Judge must determine the person is actually qualified as a guardian under the associated statutes 744.309 and 744.312.  Further the person to serve must take the Oath of Guardian according to F.S. § 744.347.  Once appointed a guardian will rely upon Letters of Guardianship from the court as a demonstration of his/her authority to act on your behalf according to F.S. § 744.345.

    The attorneys at Mario, Gunde, Peters, Rhoden & Kelley are experienced in matters of estate planning and guardianship.  We can represent you as the Principal, as the Agent, or as an adversarial party to a guardianship action.  Call for a complimentary consultation to ask your questions about Pre-Need Guardianship or email us using the form at the top of this page.  321-631-0506

     

     

     

     

    Related Topics

    1. Guardianship
    2. What You Need To Know About Guardianship in Palm Bay, Melbourne, and Titusville, Florida
    3. Power of Attorney
    4. Wills & Probate
    5. What is a Fiduciary?
    6. Planning in Florida: How Do You Consider The Role Of Medicaid in Your Plan?
    7. Health Care Surrogate
    8. Last Will
    9. Online Resources for Guardians in Melbourne and Brevard County, Florida
    10. Living Will

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