Serving as a Guardian

• Any person who is 18 years of age, is of sound mind and resides in Florida can be appointed as a guardian. A non-resident may also serve as a guardian as long as he is related to the child by adoption, law or blood. Persons with ill health that will prevent them from performing guardianship roles, as well as anyone convicted of a felony cannot be appointed as guardians. Organizations such as a state bank, a federal savings bank, trust company or a national bank are allowed to act as guardians. Charitable or religious non-profit organizations can also play guardianship roles.
  
  

Preened Guardianship

• This refers to an individual named by parents through the writing of a declaration that appoints them to serve as guardian in the event of the parents' incapacity or demise. This declaration must specify the preened guardian and should be signed by the declarant in front of two witnesses. If both parents are alive, they should jointly prepare the declaration for the minors. The declaration should have the full names of the child, as they are on the birth certificate; the social security number, if it is available; and the child's date of birth. This declaration may be filed with the clerk of court, who will present it to the court once the declarant is incapacitated or dead.
  
  

Stand-By Guardian

• A court may be petitioned to appoint a stand-by guardian to assume guardianship roles after the death or incapacitation of the appointed guardian or parents. Parents of the minor or the serving guardian may petition the court to appoint a stand-by guardian for the child. Stand-by guardians are not allowed to carry out business transaction with the minor’s properties, but they safeguard the property until they are issued with guardianship letters.
  
  

Guardianship Termination

• Guardianship is terminated when the child attains the legal age (usually 18 years), or if the child dies. If a guardian's appointment was restricted to handling the child's finances, then guardianship is terminated when the assets are exhausted. A judge may decide that guardianship is unnecessary once the parent's health improves.