The Short Answer

In Florida, you can name who you want to care for your minor child if you die or become incapacitated, but the court still has authority over the final appointment. For assets held in a trust, the person you name to raise your child (the guardian) is often not the same person who should control the money (the trustee), and getting those roles aligned correctly is where careful estate planning matters.

What Florida Law Says

Florida allows parents to nominate a guardian for a minor child in advance. The nomination creates strong legal weight, but it does not eliminate court oversight—especially if someone challenges the nominee’s qualifications or if there are concerns about the child’s best interests. Separately, when a minor is receiving property through an estate or trust, Florida law provides mechanisms to have a fiduciary (such as a trustee or custodian) hold and manage assets for the child rather than placing assets directly in the child’s name.

The Statute

The primary law governing this issue is Fla. Stat. § 744.3046.

This statute establishes that a parent (or both parents) may nominate a preneed guardian for a minor’s person, property, or both by a written declaration signed with required witnesses and filed with the clerk of court, creating a rebuttable presumption in favor of the nominated guardian.

For trust-held (or trust-directed) assets intended for a minor, Florida also recognizes transfers to a custodian under the Florida UTMA when authorized by the governing will or trust. See Fla. Stat. § 710.106. And if assets are held in a Florida trust, trustees must administer the trust in good faith and in accordance with the trust’s terms and beneficiaries’ interests. See Fla. Stat. § 736.0801.

If you’re trying to coordinate “who raises my child” with “who manages the money,” Florida planning commonly involves (1) naming a guardian nominee and (2) naming a trustee (and backups) with clear instructions for distributions for the child’s benefit—so the caregiver is supported financially, but the funds remain protected and properly managed.

If you want more background on how Florida courts handle minors receiving inheritances, you may find these helpful: guardian/guardian ad litem for a minor’s inheritance and protecting a minor’s inheritance when there is no will.

Why You Should Speak with an Attorney

While the statutes provide the general framework, applying them to your family and your trust structure is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: A preneed guardian who assumes duties must petition for confirmation within a short window (the statute references a 20-day deadline after assumption of duties). See Fla. Stat. § 744.3046.
• Burden of Proof: Your nomination creates a rebuttable presumption—not a guarantee. If a dispute arises, the court can find a nominee unqualified, and contested guardianship litigation can become expensive and emotionally draining.
• Exceptions and Role Conflicts: “Guardian of the person” (day-to-day care) and “guardian of the property” (money management) are different roles, and trust assets may be controlled by a trustee instead. Misalignment (or unclear drafting) can trigger court-supervised guardianship of property, bonding requirements, or fights between caregivers and fiduciaries.

Trying to handle this alone can lead to documents that don’t work when needed, or a situation where your child’s caregiver has to go to court just to access funds for basic support. A Florida probate/estate planning attorney can structure the will, trust, and nominations so they work together and reduce the risk of court intervention and family conflict.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.