Who Will Take Care of Your Kids? How to Pick a Guardian in Florida

No one wants to imagine not being there for their kids, but planning ahead is one of the most loving things you can do as a parent. If something unexpected happened, who would raise your children? Who would make sure they’re safe, supported, and loved the way you’d want?

In Florida, you can legally name someone as your child’s guardian is in a Will or something called a Designation of Preneed Guardian. Here’s how to choose the right person, and what you need to know to make it official.

Why Naming a Guardian Matters

If you don’t choose a guardian and something happens to you (and your child’s other parent), the court steps in to decide who will raise your kids.

That can lead to:

• Family disagreements

• Delays in placement

• Children ending up with someone you wouldn’t have chosen

  
  

When you name a guardian in your will, you stay in control — even if you're not physically there.

 5 Things to Consider When Choosing a Guardian

1. Shared Values

Do they share your parenting philosophy, faith, or educational preferences? Think about the emotional and moral environment your kids would grow up in.

2. Age and Health

Is the person healthy and young enough to care for your kids and keep up with them for the next 10–15 years?

3. Stability and Location

Are they financially and emotionally stable? Would your kids have to move far from school, friends, or extended family?

4. Willingness

Have you talked to them? Would they actually want to take on this responsibility if needed?

5. Family Dynamics

Would appointing this person create conflict? Consider how this decision might affect the larger family dynamic.

Should I Pick One Person or a Couple?

Some parents name a married couple, but you can also name:

• Just one individual (in case the couple splits or one passes away)

• A backup guardian (a/k/a "successor") if your first choice can’t serve

• Different people for day-to-day care vs. managing the child’s assets

  
  

Pro tip: You can separate roles, one person can be your child’s legal guardian for their physical person, and someone else can be the Guardian of the property to manage the funds left for them. Guardian of the Person covers things like medical appointments and decisions, enrolling them in school, and determining their residence, among others. A Guardian of the Property handles all finances and assets the minor may receive through an inheritance if they receive $15,000 or more.

How to Make It Legal in Florida

In Florida, the way to name a guardian is in your Last Will and Testament or in a Declaration of Preneed Guardian. It’s not enough to say it out loud or write a note. It must be:

• In a properly executed Will or Designation

• Signed by two witnesses

• Compliant with Florida law

  
  

Without one of these documents, your guardian nomination won’t carry legal weight.

Final Thought: It’s a Hard Question but an Important One

Choosing a guardian is deeply personal, and it’s okay if it takes time. But once you’ve made the decision, putting it in writing gives your child a clear path forward and gives you peace of mind today.

Ready to make it official? We’ll guide you through it, no stress, just support.