A: Under Florida law, any adult can name a pre-need guardian in a written declaration. If you are found to lack capacity, the person you named is entitled to become your guardian unless a judge finds that person to be unqualified.
A: Not if you do some planning.
“Planning for incapacity” means preparing legal documents that name a person to make decisions for you if an accident or illness leaves you unable to pay your bills, manage your finances or attend to other business and personal matters.
A pre-need guardianship will allow you to determine who you want (or don't want) to be the caregiver of you or your children in the event you become incapacitate. Both parents, natural or adoptive, if living, or the surviving parent, may nominate a preneed guardian of the person or property or both of the parent’s minor child by making a written declaration that names such guardian to serve if the minor’s last surviving parent becomes incapacitated or dies. The declarant or declarants may also name an alternate to the guardian to act if the designated preneed guardian refuses to serve, renounces the appointment, dies, or becomes incapacitated after the death of the last surviving parent of the minor.
For more information on Preened Guardian, see the following helpful links: