As parents of a minor child, your priority when estate planning should be selecting and legally documenting both short- and long-term guardians for your kids, in the case that something happens to you and your spouse. Guardians are those legally named to become responsible for your minor child in the case that something happens to you. However, naming guardians in your will still leave your children at risk; your children may be at risk of being taken care of by strangers.
Unfortunately, the worst part is that many parents aren’t aware of this blind spot situation that can potentially leave their children in a vulnerable situation. Not only are many parents not aware, but many lawyers are not informed either – and that’s because many lawyers do not understand what is required for protecting and legally planning for the well-being and care of a minor child.
Nonetheless, whether you have named your guardians for your kids in your will or have not created your Kids Care Plan, you have come to the right place. At Legacy Counsel, we specialize in legal planning to ensure a safe and smooth plan to protect your minor children, in the event that something happens to you.
A Common Mistake:
As read above, unless you have worked with us at Legacy Counsel, naming a guardian for your minor children can leave them in a vulnerable place and have them be removed from their home and placed in the home of a stranger. This situation may be temporary until authorities are working on the case, or it can possibly be their forever home, being taken care of by a stranger or someone you would have never chosen.
In the case you do not have minor children in your home, this article is useful for anyone who may have minor children. In the case that you know someone who has young children, feel free to share this article with them, as it can help educate on a common misconception.
Visit our website and learn more on how you can get started on your Kids Care Plan, ensuring a safe and smooth process in the event that something happens to you. Do it here now:
https://legacycnsl.com/planning-for-your-kids/
Why is Naming Guardian So Complicated?
Although naming a guardian may seem like an easy process, it entails a number of complexities most people do not think about. As a matter of fact, several lawyers, with years of experience, make at least one of the following mistakes when naming a long-term legal guardian.
If you have named a legal guardian for your kids on your will, regardless on your own using a DIY online document service or with the help of a lawyer, consider the following situations to see if your legal estate plan documents may have a blind spot, which could potentially leave your children vulnerable:
- Did you name backup candidates, in the event your first choice of guardian is not available or unable to serve? If so, how many back-ups did you name?
- If you have named a married couple as a guardian, and one of them is not available, whether it be because of an injury, death, or divorce, what happens then? Can one member of the marriage act alone as a guardian?
- What happens in the event that you become incapacitated by injury or illness? Did you know naming a guardian in a will only becomes effective in the event of your death? Have you created a guardianship plan to protect your children in the case of incapacity?
- Do the guardians you named live far from you? How far? How long would it take them to arrive? Hours? Days? Weeks? Did you know your children are likely to be taken into custody until the named guardian arrives?
- If you are unable to make it home, do your care providers know where they can find your will and other legal documents? If not, what would authorities do in the meantime looking for the legal documents?
- If you have named family members who live close as guardians, but they find themselves out of town or otherwise unable to serve, what happens to your children?
- In the case that the named guardians can immediately report themselves to act as guardians, do they know where they can locate your will and other legal documents? How can they prove their role if they do not know where they can find these legal documents?
Kids Care Plan (KCP)
The above scenarios are only a few of the several complications you may encounter when naming legal guardianship if it hasn’t been done properly. Unfortunately, assuming one of the scenarios happens to you, your children would be more than likely to be placed in the hands of a stranger, whether it be for a short-time period or a long-term period.
If you found this as alarming as I did when I found out about this, you should act quickly and put in place a Kids Care Plan, ensuring this never happens to your loved ones. By creating your Kids Care Plan, you guarantee your children will remain in the loving care of people who you have assigned and trust to do so.
At Legacy Counsel, we offer parents of minor children a variety of legal tools, including the naming of long-term and short-term guardians, instructions for those guardians, medical powers of attorney, ID cards for your wallet, and much more, guaranteeing there is never a doubt on who is to take care of your children, in the event of incapacity and death.
Getting Started
If you haven’t created a plan yet, visit our website today to begin the process or schedule a consultation with our office. Doing this ensures the safety of your child in the event something happens to you, whether it be incapacity or death. Get started here: https://legacycnsl.com/planning-for-your-kids/
After having completed the guidance of the website to get your Kids Care Plan in action, schedule your Legacy Session with us, so we can put the entire Kids Care Plan in place. During your meeting, we can determine whether your unique family may need any other additional legal documents to guarantee your children are safe no matter the situation.
Comprehensive Planning
Selecting and naming guardians for your minor children should be a priority. Nonetheless, there are several additional tools in place for your kids when it comes to estate planning, such as the revocable living trust.
Additional tools can ensure that your family’s wealth and assets remain in your family, in the case that you want your children to inherit them in the most effective and smooth way. Contact us today to learn more.
