|
Your
children are your greatest treasure. Think of all the precautions you
have taken to safeguard your children -- from the purchase of an infant
car seat to swimming lessons and even driver’s safety courses. Yet,
most parents leave their children completely unprotected from one of
life’s most crushing blows -- being orphaned upon the loss of their
parents.
Every
parent expects to raise their minor children to adulthood, but life may
throw an unexpected curve ball in the form of a fatal injury or
illness. Are you and your children prepared for that curve ball? Who
would you legally appoint to serve as their back-up parents to fulfill
your parental responsibilities?
A
Child Protection Plan is a set of instructions and legal documents,
which you need if you have minor children. If you are in an accident or
you become incapacitated, your Child Protection Plan will make sure
your children are not taken into the custody of Child Protective
Services or a stranger until the State appoints a guardian to care for
your minor children.
A
True Story
The
facts below were taken from public court documents. Names have been
changed to protect the privacy of the family.
July
2007, the Smith family as in a car accident. Janice and Tom, the
parents of three children, ages 4, 7 and 10, died.
Janice
and Tom had nothing in place to name guardians for their children or to
take care of their assets, though family members and friends say they
had talked about doing it.
Janice
and Tom appeared to be a typical loving family, and you would think
that the remaining members of their families would have been able to
work out who would care for the children and their money. But, that’s
not what happened.
After
the accident, the children were in the foster care system for a short
time until family members could be located.
Then
the court battles began. Hundreds of pages of court documents have been
filed, there have been 9 lawyers involved, tens of thousands of dollars
spent, and many, many tears shed.
After
a court ordered mediation, the family agreed that the children’s money
will be managed by a professional financial guardian who charges
$100/hour, and a lawyer was appointed on behalf of the children at a
cost of thousands of dollars. Whatever’s left will be distributed to
the children when they turn 18, even if they do not have the financial
insight and good judgment to handle the money. Until then, the three
children will live with their aunt.
Is
that what Janice and Tom would have wanted? No one will ever know if
the Judge made the right choice because Tom’s and Janice’s wishes were
never known.
How to avoid Janice's and Tom's situation
A
Child Protection Plan can prevent this from happening by allowing you
to choose guardians to provide temporary and/or permanent care for your
children and by providing instructions to your caregivers and guardians
so they will always know what to do if something happens.
Many
parents think naming guardians in their Will is sufficient protection
for their minor children. However, a guardian named in your Will only
takes effect after you die. In addition, it is likely that the parents
made one or more common mistakes when naming guardians for their minor
children.
A
Child Protection Plan provides:
•
Legal documents to name short-term/temporary guardians who live nearby
and who can be there quickly for your children.
•
Letters to your short-term/temporary guardians notifying them that they
have been selected as a guardian and letting them know what to do if
anything happens.
•
Legal documents to name long-term guardians who will raise your
children.
•
Letters to your long-term guardians notifying them that they have been
selected as a guardian and letting them know what to do if anything
happens.
•
Instructions for people who take care of your children so they will
always know what to do if anything happens to you.
•
Guidelines for your long-term guardians stating how you want your
children to be raised.
•
Medical powers of attorney for your minor children so when they travel
without you or you travel without them, they will get the medical care
they need.
•
An ID card for your wallet stating that you have minor children at home
and stating who should be contacted if anything happens to you.
If
you have minor children and you want to ensure they are fully
protected, call and ask about our Child Protection Plan.
To
learn more about how we can help you, please feel free to explore this
website and our blog.
Use the "Contact Us" link above to send us any questions you may have
or to
make an appointment.
|
