How are parents putting their young kids at risk?
As a new parent, I’m sure you have done all kinds of research about the safest car seats, cribs and strollers. You’re doing this research, of course, because you want to protect your kids. But there is something that a lot of parents are not doing, or they are not doing it thoroughly enough - and that is creating a comprehensive estate plan. Failing to create a plan or failing to create a comprehensive plan is putting your kids at risk.
Have you ever been out to dinner with your spouse or your significant other and thought, “What would happen to the kids if we didn't make it home?” Do you have a plan? Is that plan documented? Does the babysitter know the plan?
In addition to naming a guardian in your will, you also need to make sure that you have named a guardian for your children in the event that you are temporarily incapacitated. You may decide to name one person as the permanent guardian and a different person as the temporary guardian. You may choose to do this, for example, if your permanent guardian lives out of the area. In that case, you may nominate a temporary guardian who lives locally so that your kids’ education and day-to-day life is not disrupted as greatly if you are temporarily incapacitated.
You also want to make sure that anyone who babysits your kids knows who they are to contact in case of an emergency. If the babysitter calls the police and nobody knows who has authority to care for your kids, it is possible that your kids will be taken into foster care. I'm not suggesting that they would stay in foster care for an extended period of time, but would you want your kids in foster care for even one night?
I have developed a system I call the Kids Safety System to guard against these concerns.
This system includes naming guardians for your kids that would act in various situations – not just in the event of your death (which is all you’ll find in typical estate plans). If you fail to do this, you are leaving that decision up to a judge.
The thought of you not being around to raise your kids is terrifying, but I can't think of anything more terrifying than relying on the court to decide who would raise them. The judge will do the best they can, but you’re now relying on somebody who doesn't know you, doesn't know your children and doesn't know your family dynamics.
Is it possible that the judge may select somebody in your family that you would never want to raise your children? It is. The Kids Safety System, however, will also protect your kids against that.
I know those are scary things to think about, but with the proper plan in place, they are avoidable. Please give me a call 724-552-2712 or e-mail me (JLR@QRLegal.com) if you’d like help getting this into place. I would love to work with you to make sure that your plan is complete. If you think that this would help somebody else with kids at home, please share this article with them.