If you are adjudicated by a court of law to be in need of a guardian over your person or your assets this declaration will tell the court who you would want to be appointed. This is a very persuasive document for the court to have and every estate plan should include one of these declarations. Sample language that is included in this declaration follows:
PERSON: If I am at any time determined to be an incapacitated person, as that term is defined in the Florida Guardianship Law as it now exists or may hereafter be amended, I declare that _____________________, is to serve as plenary guardian of my person, to exercise all delegable legal rights and powers and to perform all tasks necessary to care for me.
PROPERTY: If I am at any time determined to be an incapacitated person, as that term is defined in the Florida Guardianship Law as it now exists or may hereafter be amended, I declare that ____________________, is to serve as plenary guardian of my property, to exercise all delegable legal rights and powers and to perform all tasks necessary to care for my property or estate. I further declare that it is my intent and desire that the above-named persons be appointed by the Court having jurisdiction to serve in their respective capacities without bond.
Such simple language as this is so powerful in a court of law because you took the time to make this declaration while you were healthy and competent. Imagine if you don’t and the wrong person petitions the court to become your guardian over your person and property, and you have no say in the matter.
Call the Law Offices of Hoffman & Hoffman, P.A. to make sure you have all the tools available to you to effectively and legally complete your estate planning goals.
For an initial consultation with one of our experienced attorneys call 305-372-2877 or 877-858-2977 or fill out the contact form on the right side of this page.
