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:
- Individuals who are related to you by blood or marriage
- Individuals who have educational, professional or business experience
- Individuals who can manage financial resources, or
- 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 firstname.lastname@example.org.