How to Fill Out and File a Florida Preneed Guardian Designation Form

To complete a Florida preneed guardian designation form, write a declaration that identifies you and the person you want to serve as your guardian if you’re ever found incapacitated, sign it in the physical presence of two witnesses, and file the original with the Clerk of the Circuit Court in your county. Filing is typically free, and once recorded the declaration creates a rebuttable presumption that a court must appoint your chosen guardian if the question of your capacity ever comes before it.¹

Who You Can Name as Your Guardian

Any Florida resident who is 18 or older and mentally competent qualifies. The statute uses the term “sui juris,” meaning a person who manages their own affairs without a legal disability. A felony conviction disqualifies a nominee automatically, as does a physical or mental condition that would prevent them from carrying out a guardian’s duties. Anyone judicially found to have committed abuse, abandonment, or neglect of a child is also barred, along with anyone found guilty of certain offenses listed under the state’s background-screening statute.²

Someone who lives outside Florida can only serve if they’re a close family member. The qualifying relationships are:

Direct-line blood relatives — parents, grandparents, children, grandchildren, and so on up or down the family tree (the law calls this “lineal consanguinity”).
Siblings, aunts, uncles, nieces, and nephews, along with anyone related by direct bloodline to those relatives.
Adopted children or adoptive parents.
Your spouse, or the spouse of anyone who otherwise qualifies under these family categories.

A close friend who lives in another state does not qualify, no matter how much you trust them. If your first choice is a non-resident non-relative, you’ll need to pick someone else.²

You can also name a professional guardian, meaning someone who serves as a guardian for compensation. Professional guardians must register with the state’s Office of Public and Professional Guardians, complete required education, obtain a surety bond, and pass a criminal background check and credit investigation.³ Naming one can make sense if you have no close relatives, but expect hourly fees once they take on the role.

What to Gather Before You Start

The statute only requires that the declaration “reasonably identify the declarant and preneed guardian.”¹ There’s no fixed list of fields, but you want enough detail that a court reading the document years from now can confirm the right people. Pull together:

Your full legal name and address as they appear on official records.
Your nominee’s full legal name, address, and relationship to you. Spell the relationship out — the court will check whether a non-resident falls within the permitted family categories.
The same information for at least one alternate. A named alternate receives the same legal presumption if your first choice can’t or won’t serve.¹
Two witnesses who can be present when you sign.

Blank forms are usually available on your county Clerk of the Circuit Court website, either as a fillable PDF or a paper form at the office. The declaration for your own incapacity is filed under Section 744.3045. A separate form under Section 744.3046 is used by parents naming a guardian for their minor children, so make sure you have the correct one.

Filling Out the Form

Most preneed guardian forms follow the same basic layout. Header fields identify the circuit court and county. You don’t need a case number — the clerk records the declaration as a standalone filing, and a case number is only assigned if a guardianship proceeding is later opened.

In the body of the form, you can name one person to handle everything or split the role. A guardian of the person is responsible for your medical care, living situation, and daily needs. A guardian of the property is responsible for your finances and assets. If you want the same person for both roles, say so plainly rather than leaving the property section blank, which could create ambiguity later.

After your primary nominations, the form provides space for alternates. Alternates are backups: they step in only if your first choice refuses to serve, becomes disqualified, or dies before the designation is ever activated. You can name more than one and rank them.

Some forms include a bond waiver clause, letting you state that your nominee should not be required to post a bond. Including it is a judgment call, and the court keeps discretion over bond requirements regardless of what your form says.

Signing and Witnessing

The declaration is not valid unless it’s signed correctly. You must sign in the physical presence of at least two witnesses who are present at the same time, and both witnesses must sign the document. They are attesting that they saw you sign, that you appeared competent, and that you acted voluntarily.¹

Notarization is not required. The clerk will accept a properly witnessed declaration without a notary seal. Notarizing anyway adds protection if someone later challenges the signatures or your competency at the time you signed. Florida notaries can charge no more than $10 per notarial act, and you’ll need valid photo ID for the notary to verify who you are.

Filing With the Clerk of Court

File the signed original with the Clerk of the Circuit Court in the county where you live. The statute technically says you “may” file, but skipping this step defeats the purpose. An unfiled declaration only works if someone physically produces it during an incapacity proceeding, which means your family has to know the document exists and where to find it. A filed declaration sits in the clerk’s records, and the clerk is required by law to produce it whenever a petition alleging incapacity is filed.¹

Filing is typically free. Citrus County’s clerk lists no filing fee for a preneed guardian declaration,⁴ and Okaloosa County’s fee schedule shows the same.⁵ Call your local clerk to confirm before you go.

What the Filed Designation Actually Does

Your declaration sits dormant until someone files a petition alleging you are incapacitated. If a court eventually finds a guardian is needed — which it can only do after clear and convincing evidence of incapacity and only if no less restrictive alternative like a durable power of attorney will work — the clerk produces your filed designation.⁶

The designation creates a rebuttable presumption that your named guardian should serve. The court treats your choice as the default unless someone presents evidence strong enough to overcome it, and can only override you if it finds your nominee statutorily unqualified or determines that appointing them would be contrary to your best interests.¹⁷ Once appointed, your preneed guardian has 20 days to petition the court for confirmation of their appointment.

Changing or Revoking Your Designation

You can replace your designation at any time while you remain competent by executing and filing a new declaration. Standard practice is to include language expressly revoking all prior designations, which removes any question about which document controls. The clerk retains the new filing and it supersedes the earlier one.

Tell your named guardian and any alternates that the designation exists. A filed form does its job automatically in court, but your guardian will make better decisions if you’ve talked through your preferences for care, living arrangements, and finances while you still can.

What the Form Doesn’t Handle

Being named on a Florida court order does not automatically give your guardian authority everywhere. If your guardian manages your finances, the IRS expects them to file Form 56 (Notice Concerning Fiduciary Relationship) to notify the federal government of their authority to act on your behalf.⁸ If you receive Social Security, a state-court guardianship does not make your guardian your representative payee automatically; the Social Security Administration runs a separate application process, and your guardian will need to contact the local SSA office to start it.

1
The Florida Legislature. Florida Code 744.3045 – Preneed Guardian
2
The Florida Legislature. Florida Code 744.309 – Who May Be Appointed Guardian of a Resident Ward
3
Florida Senate. Florida Code 744.2002 – Professional Guardian Registration
4
Citrus County Clerk of Courts, FL. Guardianship
5
Okaloosa Clerk of Courts. Guardianship Information
6
The Florida Legislature. Florida Code 744.331 – Procedures to Determine Incapacity
7
The Florida Legislature. Florida Code 744.312 – Considerations in Appointment of Guardian
8
Internal Revenue Service. About Form 56, Notice Concerning Fiduciary Relationship