Last updated September 18, 2026
Your own preneed guardian (§744.3045)
A competent adult may sign a written declaration naming a preneed guardian to serve if the declarant is later adjudicated incapacitated, and may name an alternate. The declaration must be signed in the presence of at least two attesting witnesses present at the same time. It may be filed with the clerk of the court, and it is produced when any petition for incapacity is filed. Unless the court finds the person named unqualified, it appoints the preneed guardian.
A preneed guardian for your minor children (§744.3046)
Both parents, if living, or the surviving parent may name a preneed guardian for a minor child, to serve if the last surviving parent dies or becomes incapacitated (§744.3046(1)). The declaration must identify the declarant and the guardian, must be signed before two attesting witnesses present at the same time, and must state the child’s full name, date of birth, and social security number if one has been obtained. An alternate guardian may be named in case the first cannot serve, and the declaration must be filed with the clerk of the court (§744.3046(3)).
This is the document that answers the question every parent asks — "who raises the kids?" — in a form the guardianship court is directed to honor when the person named is qualified (§744.312(1)). A will can nominate a guardian too; the preneed declaration works during a parent’s incapacity, which a will cannot.
How it fits the rest of the plan
The declaration complements the durable power of attorney and the health care surrogate: those documents are what usually keep a guardianship from being needed at all, and the declaration governs who serves if one is opened anyway. Most Florida families sign all three at the same sitting.
The declaration we prepare
- The Florida statutory declaration for yourself (§744.3045) and for minor children (§744.3046), with the alternate guardian, the child identification the statute requires, and the two-witness execution block.
- Florida signing instructions and the clerk filing: optional for your own declaration (§744.3045(3)), required for the minor-children declaration (§744.3046(3)).
- Your answers fill the blanks; the master text never changes.
$99 as a single document.
Start a preneed guardian declarationSoftware, not a law firm. The document is prepared from your answers on a locked Florida master; it is not reviewed by anyone, and a licensed Florida attorney of your choosing can review it before you sign.
Related reading
- Naming a guardian in Florida →
- The Florida durable power of attorney →
- Florida living will and health care surrogate →
- The Florida last will and testament →
General information about Florida law, not legal advice.
Frequently asked questions
Is a preneed guardian declaration the same as naming a guardian in my will?
No. A will nominates a guardian at death. The preneed declaration also covers a parent's incapacity, and the declaration is a rebuttable presumption that the person named is entitled to serve (§744.3046(4)), and the court appoints that person if qualified unless it finds the appointment contrary to the child's best interests (§744.312(1)).
Does it need a notary?
No. It needs two attesting witnesses present at the same time. Your own declaration may be filed with the clerk (§744.3045(3)); the declaration for minor children must be (§744.3046(3)).
Can I name a different guardian for each child?
Yes. Each child is identified in the declaration, and you may name guardians and alternates per child.
Does it give up any of my rights now?
No. The guardian named serves only if the last surviving parent dies or becomes incapacitated (§744.3046(1), (5)); until then the declaration changes nothing.
General information about Florida law, not legal advice.