Here's what you can do to make sure your kids would always be taken care of by people you know, love, and trust. NO MATTER WHAT.
#1 -- If you name a couple to act as guardians, make sure you decide what should happen if the couple breaks up or if one dies or is incapacitated. Documenting this properly is critical to ensuring the well-being and care of your children, no matter what.
#2 -- Name more than one potential guardian. What if something happens to your first choice? Decide and document who will succeed your first nominee.
#3 -- Avoid taking financial resources into consideration when deciding who should raise your children. Your guardians do not have to (and often should not) be financial decision makers for your kids. You need to leave enough money behind and put it in Trust to ensure it’s cared for properly.
#4 -- Consider creating a Living Trust that prevents a Court from taking jurisdiction over your money and your loved ones through probate, which is totally public and doesn’t protect your money from your family’s later divorces and lawsuits.
#5 -- Exclude anyone who might challenge your guardian decisions or who you know you’d never want to care for your kids. Do it in writing.
#6 -- Make arrangements for the short term if you were in an accident. What would happen to your kids in those immediate hours until your permanent guardians could arrive? We recommend a Kids Protection Plan to cover that critical time of care.
#7 -- Name your guardians in a separate, freestanding document, not simply in a Will. Naming a guardian in a Will or Power of Attorney will make it more difficult for you to change your nomination and your children could be left waiting for a guardian until your Will is admitted to probate or for your power of attorney to take effect.
Take Control of Your Legal Life & Ensure the Well-Being & Care of Your Family
To make sure your kids are taken care of, you must put in place a well-considered estate plan that ensures your assets are immediately and privately available to your loved ones—and usually, a simple will is simply not good enough.
When you and your partner meet with us for a Life & Legacy Planning Session, you will choose the right guardians for your kids and avoid making any the common mistakes most families (and even regular lawyers) make when naming legal guardians.
We understand that meeting with a lawyer isn’t high on your list of fun things to do. Many of our clients felt the same way before their planning session, but absolutely LOVE it after they’ve experienced a Life & Legacy Planning Session with us!
They love the peace of mind that comes with knowing everything is set up the right way for themselves, their future and their loved ones.
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I have passion for serving families in my community in a way that isn’t currently being met by the traditional law firm. That’s why, as a Personal Family Lawyer, my hope is to educate family’s and individuals like you to make informed, loving decisions around estate planning and asset protection so you can preserve your legacy and wealth for future generations.
If you have kids under 18, your top estate planning task is naming long and short-term guardians. Without this, your children risk ending up in the care of strangers, even if you've named guardians in your will. This common blind spot in estate plans can leave your children vulnerable, a fact many lawyers overlook. Ensure your children's safety by properly documenting guardianship.
The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.
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