Pre-Need Nomination of Guardian

The Declaration of a Pre-Need Guardian is a written legal document that dictates your preference for a guardian for both you and your property if you become unable to conduct your own affairs. This document allows a person, such as your spouse, to become your legal guardian if you become incapacitated. The Declaration of a Pre-Need Guardian also allows you to name alternatives.

The Declaration of Pre-Need Guardian for your affairs can be filed with the Clerk of Court in your county of residence and must be executed with similar formalities as the living will. That is, signed by you and two witnesses while everyone is in each other's presence.

Similarly, A Pre-Need Guardian for a minor is a designation for someone to become your child's guardian in the event of your incapacity. A natural parent could potentially defeat this appointment based on circumstances, but in the event that both natural parents pass away – the designated person becomes the child's new "legal guardian," as long as that person qualifies.

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