How Do Florida Parents Name a Guardian for Their Minor Children?

The declaration may name a guardian of the person, of the property, or both. An alternate may also be named to serve if the first choice refuses, renounces, dies, or becomes incapacitated after the last surviving parent's death.

Section 744.3046(2) sets the formalities. The declaration must reasonably identify the parents and the named guardian and be signed in the presence of at least two attesting witnesses who are present at the same time. For each child, it must list the full name as shown on the birth certificate or court order, the date of birth, and the social security number, if any.

The declaration must be filed with the clerk of court. When a petition for incapacity of the last surviving parent or for appointment of a guardian after that parent's death is filed, the clerk produces it.

Producing the declaration creates a rebuttable presumption that the named guardian is entitled to serve. The court is not bound to appoint someone found unqualified. The preneed guardian assumes duties immediately on the incapacity or death of the last surviving parent and must petition for confirmation within 20 days. A parallel document for adults is the designation of preneed guardian under section 744.3045.