Earlier this month, we asked our readers to consider guardianships, especially in relation to their own lives. As we explained in our two-part post, guardianships can be incredibly important when a person suddenly becomes incapacitated and needs someone to act on their behalf. But did you know that the same is true for minor children as well?
If you're a parent here in Melbourne, then our two-part post on guardianships may have gotten you thinking about your own estate plan and whether you have established the right measures to provide care for your children in the event of your incapacitation or death. You may have wondered if you can establish a guardianship plan for your children and the answer is yes.
Through the Florida court system, parents can appoint a guardian for their minor children. Much like a guardianship for adults, a guardianship for minors goes into effect when a child's parents die or become incapacitated. The guardian will then act on behalf of the child's parents, making decisions that are in the child's best interests.
It's important to point out that being a guardian comes with a lot of responsibility. Not only does a guardian have a responsibility to the child but they must act in accordance with the law as well. If the person appointed as a guardian has not spoken with a lawyer about their rights and responsibilities, issues could arise down the road that may require the intervention of the courts.
To avoid this potential outcome, both parents and the intended guardian should all talk to a skilled lawyer regarding the establishment of a guardianship. With a lawyer's help, everyone can make sure that they understand what a guardianship entails and whether it's the best option for the situation at hand.