An Alternative to Guardianship

As a practicing probate and trusts/wills attorney, I often see clients at CLP who are terminally ill.  These referrals -- indigent individuals who need wills or powers of attorney -- sometimes also need legal "guardians" for their minor children, and a method for ensuring that the named guardians have the authority to make decisions for those children when the parent is no longer able to do so.

For children with assets -- such as amounts from a life insurance policy that the parent scrimped for -- a formal Guardianship monitored through the courts may be the only viable alternative. 

For children with no assets, whether their own or inherited from a deceased parent, a temporary custodianship under Chapter 751 of the Florida Statutes may be a good option.  Under 751, a minor child can be personally cared for by a named custodian, until that child reaches the age of 18.  The custodian can make personal care decisions for the child, take the child to the doctor, manage schooling and otherwise raise the child to adulthood.  Since there are no annual reports or accountings, no attorney is needed, saving both time and cost, both to the clients and for the court system.

Although 751 is not an option for everyone, in most cases it can provide the clients with exactly what they need: a stable environment for the child, and a reasonable alternative for the adult named to care for the child of a terminally ill parent.

Susan A. Calistri
Staff Attorney