Advance Directives Attorney in Jonesville, Florida
Parents tend to assume their will handles the question of who raises their children. It handles half of it.
A guardian named in a will takes effect only if you die. It does nothing if you are alive but incapacitated after an accident or an illness, which is the scenario that leaves children in limbo while relatives sort it out.
A declaration of preneed guardian for minor children covers both. It is a short document, it is inexpensive, and for young families it is the one we almost always recommend. Merhar Law prepares it and the rest of the advance directive package for Jonesville families, from an office a few minutes east on Newberry Road.
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Preneed Guardian for Your Children
This document lets both parents nominate who should care for their children if both parents die or become incapacitated. It covers more ground than a nomination in a will, and for that reason it belongs in most young families' plans alongside the will rather than instead of it.
One requirement matters more than any other: A declaration of preneed guardian for minor children must be filed with the clerk of court. If it is not filed, it may be ignored. That single step is the difference between a document that protects your children and a piece of paper in a drawer. We handle the filing.
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Preneed Guardian for Yourself
The adult version names who you want appointed if a court ever declares you incapacitated and your other documents are not enough to keep you cared for.
That caveat surprises people. A durable power of attorney and a health care surrogate designation usually make a guardianship unnecessary, but not always. Those documents give someone else authority without taking any away from you. If you become a physical or financial danger to yourself, or if someone is taking advantage of you, a court may need to step in and remove that authority. Your declaration tells the judge who you would want holding it.
This version should be filed with the clerk too, so it can be found right away if a case is ever opened.
The Two Health Care Documents Every Adult Needs
Names who makes your medical decisions and can see your records. Any competent adult can serve, and you should name backups. You decide whether their authority starts immediately or only after a doctor determines you cannot decide for yourself. Your surrogate has to follow your known wishes, and if you are still able to speak for yourself, they cannot overrule you.
Designation of Health Care Surrogate
Living Will
States what life-prolonging treatment you want if you reach a terminal condition, an end-stage condition, or a persistent vegetative state. Two physicians must agree on your condition before it applies. You can address artificially administered food and water, respiration, and resuscitation.
What Else Belongs in a Young Family's Plan
Advance directives are one piece. A will creating a trust for anything your children inherit is the other. Florida requires a court guardianship whenever a minor receives more than $15,000 outright, which a trust in your will avoids.
See our Jonesville wills and trusts page. A durable power of attorney rounds out the set by covering financial decisions, which advance directives do not touch.
Advance Directives Do Not Cover Your Finances
These documents handle medical decisions. A durable power of attorney is a separate instrument that lets someone pay your bills, manage accounts, and deal with property. Most plans need both, and we usually draft them together. See our main Power of Attorney page.
Why Gainesville Clients Work with Merhar Law
Flat fees on advance directives, quoted before we begin
Signing and witnessing handled the first time correctly
Filing with the clerk taken care of, not left on your to-do list
Directives drafted to fit alongside your will, trust, and power of attorney
Home and hospital visits when a client cannot come to us
Jonesville Falls Under the Alachua County Court
Preneed guardian declarations for Jonesville residents are filed with the Alachua County Clerk of the Court in Gainesville.
Serving Jonesville and Western Alachua County
Tioga
Alachua
Schedule a Free 30-Minute Consultation
If you have children at home and no plan in place, this is the conversation to have first. It is free, and it usually takes only a half hour.