Make a Plan for Your Children

By Jenny Ling, Esq.

As a parent, it can be hard to imagine your child’s life if you aren’t around.  But it is essential that you make a plan for your children if something happens to you.  If you have minor children, naming a guardian for them should be your number one priority.

Who will care for your children if something happens to you?

No one will love and care for your children exactly the way you do, but as a parent, you should be the one determining who cares for your children if something happens to you.  If you die without making a plan for your children, a judge will decide who should be guardian of your children.  Anyone who is willing to be guardian will be considered.  The judge won’t know the reasons you have for wanting one person over another.  They will pick a guardian for your children based on who can make the best case.

But if you make a plan and name guardians for your children, the judge will have your guidance in who would be the best choice to care for your children.  When selecting guardians, consider the values, parenting style, location and age of any potential guardians.  Your parents probably love their grandchildren but consider that this will be your child’s guardian until they turn 18 – how old will your parents be then?  You may want to select someone else to be guardian for your children and let grandparents stay grandparents – with all the spoiling that entails.

There may be people in your life that you are certain should not help raise your children if something happens to you.  Make your wishes clear in a legally binding document so that you are the one making that decision, not a judge.

Make a plan for their financial well-being

Because minor children can’t hold assets in their own name, if you die without a plan in place, or without a plan that is specifically tailored to your family, the Court would have to appoint a financial guardian to manage your assets until your child turns 18.  The financial guardian is often the same person that is named as the physical guardian for your children.  This can make for a messy court fight over the care of your children.  That fight can be costly, stressful and even traumatizing for your children.

Who will be your child’s “first responder?”

What would happen if you were out for a date night and had a car accident and didn’t make it home.  Do you know who would care for your children in the immediate aftermath?  Even if you’ve named guardians for your children in a Will, without special planning, your children may end up being placed in foster care until a guardian can be found.  This is especially important if you don’t have family in the area.  Your child could spend a couple of days in foster care until your family could get there.  Consider who you would call if you were running late to daycare – a friend, neighbor, even a trusted babysitter.  Anyone is better than a stranger for your child.

Make a plan for your children

At the Law Offices of Jenny Ling, PLLC, we offer a Child Protection Plan in all our comprehensive estate plans for families with minor children.  A Child Protection Plan ensures that your children will be protected in both the short and long term and provides for their financial well-being if you aren’t around.  Our Child Protection Plan also helps you give guidance to your children’s guardians about your values and parenting style.  You can even make a list of people that you would like to be in your child’s life, even if you aren’t there to facilitate that relationship.  Don’t wait to make a plan – Contact Us to ensure your children are taken care of, no matter what.