In Florida, parents are the natural guardians for their children during their minority. Just being a natural guardian does not apply to every situation. If both parents die or have lost their capacity, a court will appoint a guardian.
In most cases, a mother of a child born out of wedlock is the natural guardian, but a court can order otherwise. Parents who are divorced should note that the custodial parent is the natural guardian, and joint custody means they are both natural guardians.
Florida Statute § 744.3046 allows parents to nominate a preneed guardian for their minor child by signing a written declaration. The declaration must identify the parents and guardian, include the child’s name and birthdate, and be signed in the presence of two witnesses. It must be filed with the clerk of the court.
If a parent becomes incapacitated or dies, producing the declaration creates a rebuttable presumption that the nominated person should serve as guardian. The court is not bound by the nomination but will usually appoint the designated guardian unless they are unqualified.
Natural guardians can manage a child’s property up to $15,000 without court supervision. If a child receives more than $15,000 from an inheritance, lawsuit, or insurance policy, a formal guardianship must be established. The guardian must act in the child’s best interest and cannot use the child’s property for their own benefit without court approval.
Parents should consider creating a testamentary trust or revocable trust to hold assets for minor children and name a trustee to manage funds beyond the $15,000 limit.
Parents should update their wills to nominate guardians and create trusts for minor children. Durable powers of attorney and health‑care directives ensure someone can make decisions if parents become incapacitated. Beneficiary designations on life insurance and retirement accounts should align with the overall plan to avoid court-ordered guardianship of those assets.
It takes more than the default statutes to protect your children. At Schnauss Naugle Law, our estate planning lawyers can assist you in naming guardians, establishing trusts, and making sure your assets can be transferred to your children with ease. Call us at 904-643-6342 to schedule a consultation. We will create a plan unique to your family.
