As summer comes to a close and kids head back to school, there is one crucial element that is often overlooked: designating legal guardians for your minor children. Legal guardians are the individuals you entrust with the care of your children if for any reason you are unable to do so yourself.
In the middle of back-to-school shopping and those last few days of summer fun, naming legal guardians for your children might seem like a low priority, but actually nothing could be farther from the truth.
Once kids return to school, they will spend most of their days in the care of other people: teachers, coaches and babysitters. This means that your children will spend the majority of their time with people who do not have any legal authority to take care of them (for more than a brief time) in the event you are incapacitated or can’t be reached for any reason.
If your kids are going off to college, you’ll no longer be able to make decisions for them or have access to their medical records in an emergency, unless they are over 18 and create Powers of Attorney and Health Care Directives.
Don’t Rely on Informal Agreements
They say it takes a village to raise a child, and as parents, you may agree! You have a network of friends or family you feel you can rely on to step in and care for your child if the need arises. However, it is essential not to rely solely on informal arrangements with relatives or friends to care for your children if you can’t.
Whether you are incapacitated in the hospital or have passed away, there’s a chance your child could be taken into protective custody by social services until you recover or until a permanent arrangement can be made.
Here’s what you need to think about: the person who takes custody of your child may not be someone your child even knows, but a complete stranger in the foster care system. Or even worse, that person could be someone you would never want to raise your child but who is nevertheless appointed by a court system that doesn’t know your wishes or how you would want your child to be raised.
In addition, if you do not name legal guardians for your kids while they are still minors, you risk creating conflict among family members who want to care for your children and who may subject them to a lengthy and costly court process—an unnecessary burden that can easily be avoided. In fact, failing to name more than one guardian is one of the 6 Common Mistakes people make when choosing a guardian for their kids. (Click here to download our free book.)
You know your child and your family better than anyone else, and you know who would be the best choice to raise your child if something happened to you. Unfortunately, unless you document your choice of guardian in advance, the decision of who would raise your child if you cannot do so will ultimately be left to a judge who does not know you or your family dynamics.
Instead, naming short-term and long-term guardians for your children ensures that they are always cared for by people you know and trust.
If your kids are at college, you cannot assume that they would want you to have access to their medical records and financial accounts if something happened to them. Hospitals and banks need official legal documents in order for you to get access to these items if needed. That’s why we provide all of our client families with young adult planning documents for kids away at college.
Comprehensive Protection for Your Child
To make sure your children are always protected and cared for by people you trust, it’s essential to create a comprehensive Kids Protection Plan®. This extremely valuable plan enables you to name short-term temporary guardians who have immediate authority to care for your children in an emergency, as well as long-term permanent guardians who can raise your children if you are no longer able to.
Our Kids Protection Plan® also equips you with emergency ID cards that contain instructions for first responders to contact your child’s guardian if you are in an accident so that the guardian can be with your child as soon as possible. In addition, all caregivers are provided with precise instructions on how to reach your short- and long-term guardians. Everyone involved in your plan will have the necessary legal documents on hand to ensure a smooth process if the need for a guardian arises.
In this way, not only have you legally named guardians for your children but you’ve created an entire safety plan to ensure they are always cared for in the way you would want in any situation.
For your college-age kids, our plan includes creating young adult planning documents such as Powers of Attorney and Health Care Directives that allow you to access your kids’ accounts or make medical decisions for them if they become incapacitated by illness or injury.
A Thoughtful Approach for Your Peace of Mind
As your Personal Family Lawyer® firm, we are dedicated to securing the well-being of your children in all circumstances. As back-to-school season approaches, we urge you not to overlook this essential action for parents: naming legal guardians and creating your own Kids Protection Plan®.
First, we will guide you through our unique planning process so you can choose the right plan for you, your children, and everyone you love. We begin with a Family Wealth Planning Session™ during which I get to know your family on a personal level to understand your unique dynamics and assets. I will thoroughly explain the legal details of guardianship and answer any questions you may have. Together we will go through exactly what would happen to your assets and your loved ones if something happened to you today.
Next, as a team, we will choose the best plan for you—within your budget and which achieves your personal objectives—based on your specific family situation. The goal is to make sure your children and your family are cared for and protected no matter what happens, so that all of you can enter this new academic year with peace of mind.
To learn more and get started with your own Family Wealth Planning Session™, click the button below to schedule a complimentary discovery call. I can’t wait to work with you.