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What is a declaration of Preneed Guardianship?
As with most of the legal instruments that may be used as part of a well thought out estate plan, you should consider whether you and your family would benefit from having a Florida declaration of preneed guardianship and how a Florida declaration of preneed guardianship prepared by a knowledgeable estate planning attorney may help you achieve your goals.
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The Law Offices of J. Manuel Acevedo, P.A., are located at 116 North Park Avenue in Sanford, Florida, 32771.
Attorney Acevedo is a lawyer admitted to practice law in Florida, has clients from Florida, the United States, and other countries, and primarily
serves Seminole County, Volusia County, Orange County, and Lake County, and the following cities: Sanford, Longwood, Lake Mary, Heathrow,
Altamonte Springs, Casselberry, Oviedo, Goldenrod, Fern Park, Forest City, Midway, Geneva, Chuluota, Winter Springs, Wekiva Springs, Deland, Deltona,
Orange City, Debary, Lake Helen, Daytona, Deleon Springs, Orlando, Apopka, Maitland, Lockhart, Azalea Park, Winter Park, Mount Dora, Tavares, and Eustis.
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Etate planning consultations may include a discussion of wills, trusts, and other legal instruments to assist our Lake Mary Estate Planing clients.
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Pursuant to Florida law, both parents, if living, or in the case in which one parent has died, the surviving parent, may nominate a preneed guardian for a minor child by making a written declaration that names such guardian to serve if the minor's last surviving parent becomes incapacitated or dies.
Need a Preneed Guardianship?
A Florida declaration of preneed guardianship is the legal instrument in which a person typically names a guardian to care for the person or the person's children in the event of the person's incapacity or the person's death.
As with most of the legal instruments that may be used as part of a well thought out estate plan, you should consider whether you and your family would benefit from having a Florida declaration of preneed guardianship prepared by a knowledgeable estate planning attorney.
Call us and
Let us Help You!
Guardianship of an Adult
Pursuant to Florida law, a competent adult may name a preneed guardian by making a written declaration that names such guardian to serve in the event of the person's incapacity.
The more areas your lawyer has experience with, the better off you will likely be. No matter what type of legal concern you have, no matter what type of law, our goal will always be to help you solve your legal issues.

Call attorney Acevedo so that we may schedule a one hour confidential consultation for you right away and help you feel more at ease regarding your individual situation today.
And remember...
If you live in Florida and you think you may need a Florida preneed guardianship declaration, you should consider consulting with a knowledgeable and experienced estate planning attorney that is familiar with the applicable Florida laws to discuss your individual situation.

If you are in the Central Florida area, call us. We will gladly be of service to you.
Although it is not required, the preneed guardianship declaration may be filed with the Clerk of the Court.

However, regardless of whether the declaration was previously filed, if and when a Petition to Determine Incapacity is filed with the Court, production of the declaration in any incapacity proceeding shall constitute a rebuttable presumption that the preneed guardian is entitled to serve as guardian of the incapacitated person.
Unlike in the case of an adult, the declaration must be filed with the Clerk of the Court. Then, if a petition for guardianship for the minor is filed, the Clerk shall produce the declaration.

If the preneed guardian is found to be qualified to serve as guardian, the preneed guardian shall assume the duties of guardian immediately upon an adjudication of incapacity of the last surviving parent or the death of the last surviving parent.
Of course, the Court shall not be bound to appoint the preneed guardian if the preneed guardian is found to be unqualified to serve as guardian. However, if the preneed guardian is found to be qualified, the preneed guardian shall assume the duties of guardian immediately upon an adjudication of incapacity.
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