Guardianship Law

Most people don’t think about the legal work that goes into setting up a guardianship for their own children should something ever happen to them. Maybe its because most people don’t want to think about these things. But it happens. Single parents with an estranged spouse should definitely be more aware of these matters.

A parent or parents can get killed or injured in an accident at anytime and then the confusion about what to do with the child or children kicks in. If you have your ducks in a row and plan for this contingency then you will not only be prepared for you and your child, you will also have the peace of mind knowing that everything is in order.

Basically there are three things that need to be ready should a guardian need to take over care of your children.

Medical Power of Attorney – This POA document gives someone other than the natural parents the right to make decisions regarding medical issues including treatments or surgery. Florida Statute 765.2035 is where a person can find the law on this matter.

Power of Attorney for a Minor – This document covers regular activities that are not medially related such as schooling, nominating a person to act as a guardian, release of liability and schooling/education.

Declaration of Pre-Need Guardian – This document gets filed when the court is deciding on the guardianship matter. It is filed should the parent(s) be killed or incapacitated pursuant to Florida Statute 744.3046. This document does not replace the rights of a natural parent.

Conclusion – Often what are considered remote possibilities do sometimes happen. Guardianship for children is an important thing to plan for. In a way, it is in the same vein as an insurance policy. You never need it until you need it.

It is important to remember that this blog is intended for general consumption and should not take the place of counsel from a licensed attorney. If you are in the Brevard County area of Florida and would like an attorney’s help with this matter please feel free to give us a call at 321-914-4710

 

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