FAQs

Is this the same as a will?

No — and both serve important roles.

A will is an essential part of an estate plan. It allows you to distribute your assets, name guardians, and outline how your finances should be handled.

A Pre-Need Guardianship Declaration focuses specifically on clearly documenting who you want appointed to care for your children if you are unable to do so. It provides direct guidance to the court in a format designed to align with Florida law.

Many parents begin with guardianship and then complete their planning with a will or Trust and additional documents to ensure both their children and their financial future are fully protected.

Do I still need a full estate plan?

Guardianship is one critical piece of family protection — but it is not the entire plan.

A full estate plan addresses your home, finances, healthcare wishes, and long-term asset protection. Many parents begin with guardianship and later choose to complete a comprehensive estate plan.

This step ensures your children are protected now.

What if I'm married?

Married parents can still benefit from a formal guardianship declaration.

If something were to happen to both parents at the same time — for example, while traveling together, on vacation, or even during a simple night out — the court would look for clear documentation naming who should step in.

Without written direction, that decision may be delayed while the court determines the next steps.

This declaration helps ensure that if both parents are unexpectedly unable to care for their children, your chosen guardian is clearly documented and ready to be considered.

What if my preferred guardian lives out of state?

Under Florida guardianship law (Chapter 744, Florida Statutes):

A nonresident can serve as guardian — but only if certain conditions are met.

A person who is not a Florida resident is generally eligible only if they are related to the child in specific ways, such as:

• Related by blood (lineal consanguinity)
• Legally adopted
• A sibling
• A spouse of someone who qualifies
• Certain close extended family members (aunt, uncle, niece, nephew)

If the person does not meet those relationship criteria, they typically cannot serve as guardian unless very specific circumstances apply.

Even when a guardian is properly nominated, the court must determine:

• Whether the appointment serves the best interest of the child
• Whether relocation out of state is appropriate
• Whether removing the child from their established support system (school, extended family, community) is justified

How fast do I receive it?

After purchase, you’ll receive immediate confirmation and next steps via email.

Once your information is submitted, your guardianship declaration is prepared and delivered promptly with follow up instructions depending on which option you picked. The total turn around time will be 48-72 hours. If you need it sooner, please reach out to us at hello@yolofskylaw.com.

What if I want to make changes later?
Life changes — and your guardianship declaration should reflect your current wishes.

If your circumstances change, you may update your declaration by contacting our office to discuss preparing a new document that reflects your updated preferences.

Because guardianship documents must be properly prepared and executed to remain legally effective, revisions require a new declaration and applicable fees.

To make a change, simply call our office and we’ll guide you through the next steps.

Does this guarantee my chosen guardian will be appointed?

No document can override the court’s responsibility to act in the best interest of the child.

However, properly documented parental direction carries significant weight and helps reduce uncertainty, confusion, and delay.

What if something only happens to one parent?

In most cases, the surviving legal parent would retain parental rights.

This declaration addresses situations where both parents are unable to care for the child or when additional court guidance is needed.

Is this really necessary if my family already knows my wishes?

Verbal wishes are not legally binding.

Without written documentation, the court may not have clear direction and disagreements can arise at the worst possible time.

Is my information secure?

Yes. Your information is submitted through a secure checkout and handled confidentially.