Law Offices of
J. MANUEL ACEVEDO, P.A.
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What is a declaration of Preneed Guardianship?
As with most of the legal instruments that may be used as part of a well thought out estate plan, you should consider whether
you and your family would benefit from having a Florida declaration of preneed guardianship and how a Florida declaration
of preneed guardianship prepared by a knowledgeable estate planning attorney may help you achieve your goals.
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Guardianship of a Minor
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The Law Offices of J. Manuel Acevedo, P.A., are located at 116 North Park Avenue in Sanford, Florida, 32771.
Attorney Acevedo is a lawyer admitted to practice law in Florida, has clients from Florida, the United States, and other countries, and primarily
serves Seminole County, Volusia County, Orange County, and Lake County, and the following cities: Sanford, Longwood, Lake Mary, Heathrow,
Altamonte Springs, Casselberry, Oviedo, Goldenrod, Fern Park, Forest City, Midway, Geneva, Chuluota, Winter Springs, Wekiva Springs, Deland, Deltona,
Orange City, Debary, Lake Helen, Daytona, Deleon Springs, Orlando, Apopka, Maitland, Lockhart, Azalea Park, Winter Park, Mount Dora, Tavares, and Eustis.
Find information related to additional services we provide at divorce lawyer, traffic ticket lawyer, criminal defense attorney, and immigration attorney.
Etate planning consultations may include a discussion of wills, trusts, and other legal instruments to assist our Lake Mary Estate Planing clients.
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Pursuant to Florida law, both parents, if living, or in the case in which one parent has died, the surviving parent, may
nominate a preneed guardian for a minor child by making a written declaration that names such guardian to serve if the
minor's last surviving parent becomes incapacitated or dies.
Need a Preneed Guardianship?
A Florida declaration of preneed guardianship is the legal instrument in which a person typically names a guardian to care for
the person or the person's children in the event of the person's incapacity or the person's death.
As with most of the legal instruments that may be used as part
of a well thought out estate plan, you should consider whether
you and your family would benefit from having a Florida
declaration of preneed guardianship prepared by a
knowledgeable estate planning attorney.
Call us and
Let us Help You!
Guardianship of an Adult
Pursuant to Florida law, a competent adult may name a preneed guardian by making a written declaration that names such
guardian to serve in the event of the person's incapacity.
The more areas your lawyer has experience with,
the better off you will likely be. No matter what
type of legal concern you have, no matter what
type of law, our goal will always be to help you
solve your legal issues.
Call attorney Acevedo so that we may
schedule a one hour confidential consultation for
you right away and help you feel more at ease
regarding your individual situation today.
And remember...
If you live in Florida and you think you may need a Florida
preneed guardianship declaration, you should consider
consulting with a knowledgeable and experienced estate
planning attorney that is familiar with the applicable Florida
laws to discuss your individual situation.
If you are in the Central Florida area, call us. We will gladly
be of service to you.
Although it is not required, the preneed guardianship
declaration may be filed with the Clerk of the Court.
However, regardless of whether the declaration was
previously filed, if and when a Petition to Determine Incapacity
is filed with the Court, production of the declaration in any
incapacity proceeding shall constitute a rebuttable presumption
that the preneed guardian is entitled to serve as guardian of the
incapacitated person.
Unlike in the case of an adult, the declaration must be filed with
the Clerk of the Court. Then, if a petition for guardianship for the
minor is filed, the Clerk shall produce the declaration.
If the preneed guardian is found to be qualified to serve as
guardian, the preneed guardian shall assume the duties of guardian
immediately upon an adjudication of incapacity of the last
surviving parent or the death of the last surviving parent.
Of course, the Court shall not be bound to appoint the preneed guardian if the preneed guardian is found to be unqualified to
serve as guardian. However, if the preneed guardian is found to be qualified, the preneed guardian shall assume the duties of
guardian immediately upon an adjudication of incapacity.
"The youth is the
hope of our future."
José Rizal