Preneed Guardian Declaration for Minor Children

What Is the Preneed Guardian Declaration?

This legal document lets you designate a guardian for your minor children in anticipation of future incapacity from terminal illness, dementia, progressive neurological disease, or other conditions that will eventually prevent you from caring for them. Unlike emergency guardianship designations, you plan ahead while fully competent.

The declaration includes specific incapacity determination standards, comprehensive guardian authority provisions, and court filing procedures. It ensures your children receive care from someone you choose rather than a guardian appointed by the court without your input after you lose the ability to participate in the decision.

 

 

Is This Preneed Guardian Declaration Right for You?

You need this agreement if you're:

• Diagnosed with terminal illness affecting your ability to parent
• Living with progressive neurological disease like ALS or Parkinson's
• Experiencing early-stage dementia or Alzheimer's disease
• Facing long-term decline from chronic illness
• Planning for anticipated incapacity while you're still competent
• Coordinating guardianship with terminal illness estate planning

You definitely need this agreement if:

• You know incapacity is coming but haven't designated a guardian
• Your children have no plan for care when you decline
• You want your guardian preference documented before capacity loss
• You risk court-appointed guardians you wouldn't choose
• Family members might dispute guardianship without your clear directive

 

Why Thousands Trust Legal GPS Templates

Save Money
Estate planning attorneys charge $1,200-$2,500 for guardianship planning documents.

Save Time
Download immediately and complete in 45-60 minutes on your schedule.

Look Professional
Court-ready formatting ensures judges and court administrators accept your declaration without revision.

Keeps You Out of Court
Incapacity determination provisions, nomination rationale sections, and guardian acceptance clauses prevent disputes over your capacity and guardian suitability when court proceedings begin.

 

 

 

Get Protected in 3 Simple Steps

Step 1: Secure Checkout
Complete your purchase through encrypted payment processing. Immediate access to your template package.

Step 2: Instant Download
Download the complete template package: preneed guardian declaration form, detailed completion guide explaining incapacity determinations and court procedures, and execution requirements checklist.

Step 3: Fill In the Highlighted Fields
Open in Microsoft Word or Google Docs. Complete your children's information, guardian designation, incapacity determination method, and scope of authority. Execute with notary and witnesses, then store safely with copies to your guardian and attorney.

 

Frequently Asked Questions

Can I use this template multiple times?

Yes. You can reuse this template as needed. Update it when circumstances change, when your health status changes, or when your designated guardian is no longer suitable for any reason.

Is this contract legally binding?

Yes. When properly executed with notarization and witness signatures, preneed guardian declarations are legally enforceable. Courts give significant weight to parental guardian nominations made while the parent had capacity, though judges retain discretion to ensure the guardian serves the children's best interests.

What's the difference between preneed, standby, and testamentary guardianship?

Preneed guardianship plans for anticipated future incapacity from progressive illness. Standby guardianship addresses immediate temporary incapacity. Testamentary guardianship takes effect after death. Parents facing terminal illness often need both preneed guardianship and testamentary guardianship in their will.

When should I execute this declaration?

Execute it as soon as you know incapacity is likely in the future but while you still have full mental capacity. Waiting until capacity begins declining creates questions about whether you were competent when you signed. Execute it now while you can clearly document your wishes.

Does this guarantee my chosen guardian will be appointed?

Not guaranteed but highly influential. Courts give substantial weight to parental preferences documented while the parent had capacity. Your declaration serves as strong evidence of your wishes, though courts retain discretion to reject unsuitable guardians or appoint different guardians if circumstances have changed significantly.

Do I need court proceedings to activate this declaration?

Yes. Unlike some standby guardianship arrangements, preneed guardianship requires court proceedings to officially appoint the guardian. Your declaration streamlines the process by documenting your preference, but the guardian must still petition the court for formal appointment.