Guardianship for Minors

When do you need a guardian for a minor?

The biological or adoptive parents are the natural guardians of the child and in general can act for the child.

However, the Court must appoint a guardian in the following circumstances:

  • Where the parents die
  • Where both parents are absent or incapacitated
  • Where the child receives the proceeds of a lawsuit exceeding $15,000

Can either parent designate the guardian?

Both parents or the surviving parent may prepare and file with the Court a written declaration naming a pre-need guardian. A guardian may also be designated in a Will in which the child is a beneficiary.

Planning is key here. If you do not designate a guardian for your child and there are more than one family members who want to act as guardian, you are leaving room for a court battle, not unlike a custody case. Call our office now for a consultation on naming pre-need guardians.

Contact Us

Port Orange Office:
Prestige Executive Center
823 Dunlawton Ave. Unit C
Port Orange, FL 32129
Local: 386.256.4882
New Smyrna Beach Office:
817 E. 7th Ave
New Smyrna Beach FL, 32169
Local: 386.256.4882