Choosing a guardian for your minor children is one of the most important decisions any Florida parent can make. If something happens to you unexpectedly, and you haven’t named a legal guardian, the court will decide who raises your children even if it’s not the person you would have chosen.
With a simple estate planning document, you can ensure your children are protected and placed with someone you trust. This planning is essential for parents of any age, whether you’re just starting a family or already have school-age children.
What Is Guardianship Planning?
Guardianship planning allows you to legally name a person who will care for your child if you die or become incapacitated. This includes physical custody and decision-making authority for medical care, education, and daily needs.
- Legal Guardian – A person appointed to care for your child if you are no longer able
- Temporary Guardian – Used when you’re unavailable for a short period (travel, hospitalization)
- Standby Guardian – Activated upon your incapacity or death without immediate court involvement
Florida parents can name guardians in their will or a separate legal document to ensure their wishes are honored.
Why Guardianship Planning Matters
Without a designated guardian, your children could be placed with relatives you don’t approve of. or even in foster care while the court sorts it out. This adds emotional stress to an already traumatic time.
- ✅ Protect your child’s future
- ✅ Avoid family conflict and legal battles
- ✅ Ensure consistent care aligned with your values
What to Consider When Choosing a Guardian
This decision goes beyond love or familiarity. You’ll want someone capable of handling the emotional, financial, and practical responsibilities of raising your children.
- Parenting Values – Do they share your views on education, faith, and discipline?
- Age and Health – Are they physically able to care for children long-term?
- Stability – Are their living arrangements and finances secure?
- Relationship with Your Children – Do your kids already trust and feel safe with them?
How to Make It Legal
Simply telling someone they are your preferred guardian is not enough. Florida law requires formal documentation for your wishes to be enforceable.
- Include guardianship instructions in your will
- Create a stand-alone designation of guardian form
- Update documents after major life changes such as divorce or relocation
Don’t rely on verbal promises – guardianship decisions must be written and signed to hold up in court.
Guardianship and the Role of Trusts
While a guardian manages your child’s physical care, a trust can manage the financial side, holding and distributing funds for education, health, and other expenses under a trustee’s supervision.
- Living Trusts – Set up asset management without court interference
- Testamentary Trusts – Created within a will, activated after death
- Trustee vs Guardian – These can be the same person, or separate based on strengths
Explore More Estate Planning Resources
Explore how guardianship fits into your full plan by visiting our guides on wills and probate basics, trust strategies, and must-have documents for families.
As a parent, your first priority is always your child’s well-being. Guardianship planning ensures that no matter what happens, your children will be loved, protected, and raised by someone you trust.
Florida Guardianship Planning – Key Questions Parents Ask
If you don’t name a legal guardian, the Florida courts will decide who cares for your children. This could result in someone you wouldn’t have chosen raising them, or even temporary placement in foster care.
You should review your guardianship plan every few years or after major life changes like divorce, a new child, relocation, or changes in your chosen guardian’s circumstances. Keeping it current ensures your wishes are honored.
Yes. You can create a stand-alone legal document to designate a guardian. However, including it in your will adds clarity and legal strength, especially during probate.
A legal guardian cares for your child’s daily needs, including housing, education, and healthcare decisions. A trustee manages the child’s financial inheritance and ensures money is used for approved purposes like school or medical care. They can be the same person or two different people, depending on who is best suited for each responsibility.
Yes. Florida law allows you to appoint a temporary guardian for emergencies, such as travel, surgery, or hospitalization. This ensures your child is cared for by someone you trust even during brief absences.
Look for someone who shares your parenting values, has stable finances and living arrangements, is physically and emotionally capable of caring for children, and has a strong, trusting relationship with your kids.