In Florida, a competent adult (one who bears mental capacity) can name a guardian by simply writing a declaration naming an individual to be responsible for certain aspects of the declarant's life in the event of the declarant's incapacity. A declarant is the person creating the appointment of a guardian.
The written document must identify the declarant and the guardian, and be signed by the declarant in the presence of two attesting witnesses. It is not necessary to file the document with the clerk of court at this point, although it must be filed, if and when the guardian is to assume the responsibilities at the time of the declarant's incapacity.
Furthermore, before the guardian is to officially act as the guardian, the court must have an adjudication of the declarant's incapacity. Then the court must determine if the guardian is qualified to serve as guardian. Also, the declarant may appoint an alternate guardian in case the primary guardian is unable to perform their duties for whatever reason. The court is not bound by the guardians selected by the declarant, though there is a rebuttable presumption that the pre-need guardian is entitled to serve as guardian.
Lastly, and maybe most importantly, a pre-need guardian declaration is not the only way of creating this type of decision-making relationship between you and someone else. A durable power of attorney is another way. If you or someone you know is interested in learning more about a pre-need guardian declaration or some other estate planning document, please feel free to call me at 305-814-4283 or send me a private message. Thank you and have a blessed day!