How Do I Name a Guardian for My Minor Children in Florida?

See how a parent names a guardian for their minor children in Florida, what weight the court gives your choice, and your options for temporary care.

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Naming a Guardian in Florida

Where you name one: A will or a separate signed writing
What it takes to sign: Your signature and 2 witnesses
Official form: Contents prescribed, no form
Age of majority: 18

What the Court Does With Your Choice

Weight given to your nomination: Strong preference — appointed unless disqualified
Your child's own preference: Weighed at age 14+

Name a guardian alongside the rest of your plan, and set aside how your children's inheritance is managed until they are grown.

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Temporary Care Without Going to Court

Standby Guardianship of a Minor

Any adult · no fixed statutory time limit · no custody transfer

Designation of a Health Care Surrogate for a Minor

Any adult · no fixed statutory time limit · no custody transfer

Who Cannot Serve as Guardian

person under 18 years of age, or not sui juris
a judge, unless related to the ward by blood, marriage, or adoption or having maintained a close relationship with the ward or the ward’s family, and serving without compensation
nonresident, unless related to the ward by lineal consanguinity; an adopted child or adoptive parent of the ward; a spouse, brother, sister, uncle, aunt, niece, or nephew of the ward (or someone related by lineal consanguinity to such a person); or the spouse of a person otherwise qualified
person convicted of a felony
person who, from any incapacity or illness, is incapable of discharging the duties of a guardian
person otherwise unsuitable to perform the duties of a guardian
…plus additional bars in the linked statute.

This guide summarizes state guardian-designation statutes and is not legal advice. Rules vary by state and locality. Consult a licensed attorney for guidance specific to your family's situation.

Frequently Asked Questions

In Florida, a parent names a guardian for a minor child in a will or a separate signed writing (Fla. Stat. § 744.3046). It needs your signature and 2 witnesses. You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the court appoints the guardian the parent named unless someone shows a statutory ground to disqualify them (Fla. Stat. § 744.3046).

Yes. Florida recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.

Yes. Florida allows a Standby Guardianship of a Minor (Fla. Stat. § 744.304): any adult can be authorized for a limited time (no fixed statutory time limit) without transferring custody.

In Florida, the court weighs the preference of a child 14 or older (Fla. Stat. § 744.312(3)(b)).

Florida sets out specific statutory bars to serving as a minor's guardian, and the court can also decline anyone it finds unsuitable. (Fla. Stat. § 744.309; background screening § 744.3135)

Naming a Guardian in Florida

In Florida, the age of majority is 18. Until a child reaches it, a parent may name a guardian in a will or a separate signed writing.

When a parent has named a guardian, the court appoints the guardian the parent named unless someone shows a statutory ground to disqualify them. A backup guardian named in the same document applies if the first choice cannot serve.

Florida recognizes a separate signed declaration naming a guardian, so a full will is not required to make the nomination. For short-term needs, Florida allows a Standby Guardianship of a Minor, under which any adult can be authorized for a limited time (no fixed statutory time limit) without transferring custody.

A child's own wishes: the court weighs the preference of a child 14 or older.

A last will is the standard place to name a guardian, and a revocable living trust sets aside how a child's inheritance is managed until they are grown.

SimplyTrust Editorial·Updated July 14, 2026

Legal Sources

Data sourced from Florida statutes and official state code. How we research.

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