Declaration of Preneed Guardian

In the event you are unable to care for yourself or your minor children, you likely have a strong preference as to who cares for you or your kids. A declaration of preneed guardian lets you designate who you want to care for you if you become incapacitated or care for your children if you become incapacitated or die.

Preneed Guardian for Yourself

A declaration of preneed guardian lets you specify who you want to manage your personal and financial affairs if a court declares you incapacitated and your existing estate plan and advance directives are not sufficient to establish a high enough level of care. Usually, if you already have a durable power of attorney and designation of health care surrogate, a guardianship is only necessary if you become a physical or financial danger to yourself, including situations where someone is taking advantage of you. Once executed, this document should be filed with the local clerk of court so that it can be immediately found if a guardianship case is ever started.

Preneed Guardian for Minor Children

For parents of minor children, the primary concern is almost always who will care for the children if something happens to the parents. A declaration of preneed guardian for minor children lets parents nominate a guardian for their children in the event both parents become incapacitated or die. While parents of minor children can also nominate a guardian for their children in their wills, a nomination in a will only takes effect if the parent dies, not if they become incapacitated. For parents, a declaration of preneed guardian for minor children covers more scenarios and helps ensure your wishes are respected. Unlike declarations of preneed guardian for yourself, once executed, declarations of preneed guardian for minor children must be filed with the local clerk of court or they may be ignored.