If you are a parent in Miami raising young kids, naming a guardian is probably the single most important decision in your estate plan, and it is also the one most often left blank. A guardian is the person who will raise your children if both parents are gone. In Florida, if you do not name anyone, a judge in the Miami-Dade probate court will decide for you, choosing among relatives who may or may not be who you would have picked.
Two different jobs: guardian of the person and of the property
Florida law (Chapter 744 of the Florida Statutes) separates two roles. The guardian of the person handles daily life: where your child lives, their school, their medical care. The guardian of the property manages money and assets the child inherits. These can be the same person or two different people. A warm, nurturing relative might be perfect for raising your child but a poor fit for managing an inheritance, and that is fine. You can split the roles.
Why a trust often beats a property guardianship
Here is a detail many Miami parents miss. If a minor inherits money outright, Florida courts supervise it through a property guardianship until the child turns 18, with annual accountings and court oversight. At 18, the full balance is handed over, which is rarely what parents want. A better tool is usually a revocable trust under Chapter 736 of the Florida Statutes, where you name a trustee to hold and distribute funds on your terms, for example releasing money in stages at 25, 30, and 35. This keeps assets out of a court-supervised guardianship entirely.
How to actually name a guardian in Florida
You name a guardian in your last will and testament, which under section 732.502 of the Florida Statutes must be signed by you and two witnesses, all present together. Your nomination is not automatically binding, but Florida courts give a parent’s choice strong weight unless the named person is unfit. Always name a first choice and at least one backup, because life changes and your first pick may move away, decline, or pass before you do.
Choosing wisely for a Miami family
Think practically, not just emotionally. Consider:
- Location. Would your child stay in their Miami-Dade school and near friends, or relocate to another state? Stability matters.
- Values and parenting style. Religion, language (many Miami families want a guardian who shares Spanish or Creole at home), and discipline approach.
- Age and health. Grandparents may be loving choices but may not have the stamina for a decade of parenting.
- Willingness. Ask first. Never surprise someone with this responsibility.
Don’t forget the in-between
If something happens while a guardian is traveling or out of the country, who cares for your child in the first hours? Many Miami parents sign a short stand-by or temporary caregiver authorization so a trusted local friend or family member can act immediately while the named guardian arranges to step in.
Keep it current
Review your guardian choice after every major change: a new baby, a divorce, a move, or a falling-out. A guardian named when your child was an infant may not suit a teenager’s needs.
This article is general information, not legal advice. Florida guardianship and trust rules have specific requirements, and the right plan depends on your family. Speak with a licensed Florida estate planning attorney to put protections in place for your children.
For more on our Florida practice, see our overview of estate planning in Boca Raton. Morgan Legal Group's affiliated New York office also handles special needs planning in New York.