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Experienced Boca Raton Attorney

Guardianship Nominations

Did you know that you can designate someone to serve as your guardian in the event that you cannot make your medical and financial decisions due to incapacity?  Did you know that you can designate someone to make medical and financial decisions for your minor children, in the event that you are unable to do so?  You can and the team at the Horton Law Group, P.A highly encourages you to create an estate plan that works for you and your family. 

What is a Pre-Need Guardian?

Florida Statute Section 744.3045 defines the term “guardian”. Simply put, a guardian is someone whom you choose to make medical and financial decisions for you in the even you are unable to do so.  You can designate a guardian in a legal document called a Guardianship Nomination.  By doing this, a Court should follow your instructions and appoint the person you designated as your guardian in the event guardianship proceedings are initiated on your behalf.

The scary thing is that anyone can initiate guardianship proceedings on your behalf.  In the proceedings, if the court determines you lack capacity, the court will appoint someone to to make your health care and/or financial decisions on your behalf.  If you want to control who the court chooses, you should have a properly executed estate plan in place.

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Experienced Guardianship Nomination Lawyers

Who will the court appoint to make my medical and health care decisions for me, if don’t have estate plans in place?

If you are determined to lack capacity, Florida courts recognize certain relationships and give them priority when appointing a guardian.   Florida Statute 44.312(2) gives preference to:

  1. Individuals who are related to you by blood or marriage
  2. Individuals who have educational, professional or business experience
  3. Individuals who can manage financial resources, or
  4. Individuals who can meet the requirements of the law and the particular needs of your case

The following may NOT serve as your guardian:

  • Individuals convicted of a felony
  • Individuals who are incapacitated
  • Your creditors

How do I nominate a Guardian for my Minor Children?

Florida Statute 744.3046 governs the requirements of guardianship nominations for minor children.  If you and the other parent of the minor child(ren) die or becomes incapacitated, a guardian will be appointed for your minor children.  If you do not tell the court who it should appoint, it will decide for you.

You can also appoint or nominate a guardian for your minor children in your Last Will and testament. This is something that NO ONE wants to think about, but unexpected tragedies happen and you should be prepared.

Why Hire the Horton Law Group, P.A?

The principal partner at the Horton Law Group, P.A. – Attorney, Sommer C. Horton has been drafting quality estate plans for 20 years.  She is also an experienced and aggressive estate litigator.  She anticipates issues that may be the subject of litigation and she tries to dispel those issues when drafting estate plans, so litigation can be avoided in the future.  She is highly regarded for her creativeness, strategic judgment and her uncanny ability to deliver persuasive legal arguments in the courtroom. She has a tremendous skill for being an aggressive advocate for her clients, while being one who understands and appreciates how trying litigation can be, thus, she is extremely sensitive to her clients’ needs.

Ms. Horton is passionate about the law and believes in seeking justice for her clients in an ethical and economic manner. Ms. Horton fights for each and every one of her clients – every step of the way.   Ms. Horton will spend time with you to make sure you understand the law, understand your rights and she will draft your estate plans for you so that you and your family are protected.  In addition, she can assist you with your business planning, estate planning and asset protection needs too.

The Horton Law Firm, PA is a boutique civil litigation law firm that only takes on a limited number of cases so that personal attention can be given to every client.  Make the right call – schedule a free 30-minute consultation with Ms. Horton. You can make an appointment by calling 561-299-0018 or emailing legalsupport@hortonlawgroup.com.

Frequently Asked Questions About Guardianship Nominations

Who will the court appoint to make my medical and health care decisions for me, if don’t have estate plans in place?

If you are determined to lack capacity, Florida courts recognize certain relationships and give them priority when appointing a guardian.   Florida Statute 44.312(2) gives preference to:

  1. Individuals who are related to you by blood or marriage
  2. Individuals who have educational, professional or business experience
  3. Individuals who can manage financial resources, or
  4. Individuals who can meet the requirements of the law and the particular needs of your case

The following may NOT serve as your guardian:

  • Individuals convicted of a felony
  • Individuals who are incapacitated
  • Your creditors

How do I nominate a Guardian for my Minor Children?

Florida Statute 744.3046 governs the requirements of guardianship nominations for minor children.  If you and the other parent of the minor child(ren) die or becomes incapacitated, a guardian will be appointed for your minor children.  If you do not tell the court who it should appoint, it will decide for you.

You can also appoint or nominate a guardian for your minor children in your Last Will and testament. This is something that NO ONE wants to think about, but unexpected tragedies happen and you should be prepared.

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Hear From Our Clients

Recently, I acquired my first home! I retained Ms. Horton to help me file Homestead for my property. I was unsure whether to put my Homestead property in my Revocable Trust – she provided me the benefits and consequences of doing so in a way that I actually understood. I trust her judgment. She was very patient and very sensitive to my needs. I look forward to working with her again in the future.

Joseph F., Client
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