Preneed guardian
Somebody named in advance, in a signed declaration, to be appointed guardian if a person or their children later need one.
What it means
It is a state creature and the mechanics differ. Where a state provides for one, the declaration is usually signed before witnesses and filed with the court clerk before it is needed.
Producing it in a later proceeding typically creates a rebuttable presumption that the named person should serve, which the court can decline if they are unqualified.
A parent may name one for their minor children as well as for themselves, and an alternate can be named for the case where the first declines.
Why it matters
It is the difference between a court choosing among relatives and a court confirming a choice that was already made.
Where filing is required, a declaration that was signed and never filed does not do its job.
When you are likely to meet it
- When making a plan for minor children.
- When planning for the possibility of losing capacity.
How this varies by state
It exists only where a state has created it, and the execution and filing requirements differ sharply — Florida requires witnesses and a filing with the clerk.