Becoming a new parent is an exciting time. One concern many new Florida parents often have is who would take care of their child if something happened to them.
A guardianship is a common solution. If a child’s parent’s die before the child reaches the age of 18, a guardian is appointed. A guardian is someone who has the legal authority to make decisions on behalf of the child, essentially stepping into the shoes of the child’s parents.
If there is no legal guardian appointed, a legal guardian is appointed by the court. Setting up a guardianship allows you to chose a legal guardian rather than leaving it up to a court, which might not be a person you want taking care of your children.
Guardian requirements in Florida
Florida law requires that a guardian for a minor child be over the age of 18 and a resident of Florida. They do not need to be someone related to you.
Someone appointed a guardian can lose their ability to be a guardian if they are convicted of a felony, become incapacitated or are found to have abused or neglected the child.
There are two types of guardianships for a minor child: guardianship of the person and guardianship of the property.
Guardianship of the person and property
Guardianship of the person allows the guardian to make decisions on behalf of the child, such as where the child goes to school and where the child lives. A guardian can also make medical decisions for the child, such as choosing their doctor.
Guardianship of the property means the guardian manages the money of the minor child. Although minor children typically do not have money to manage, guardianship of the property may be necessary if the minor child receives settlement money from a life insurance policy for a wrongful death case.
In these situations, the money may be placed into a guardianship account. The purpose is to protect the money from anyone else taking it, including the guardian.
Protecting your child’s future
There are many factors to consider when deciding who to appoint as a guardian for your child. But appointing a guardian can be one of the most important steps you take to protect your child if something happens to you.