What is a pre-need guardianship?

A pre-need guardianship is one of the four documents everyone should have. Florida law allows a person to appoint a guardian in the event they're determined to not be able to manage their own affairs. This document is typically recorded in the public records but it doesn't have to be. The judge has limited discretion to ignore the Declaration of pre-need guardian. It's particularly important now because the durable power of attorney Act was recently rewritten. So, that it is effective immediately up until 2011 a durable power of attorney could be effective some date in the future in the event such as a person is determined to be incompetent. That is no longer the case but a pre-need guardianship is only effective upon that contingency occurring in the future.