As summer ends and parents take a deep sigh of relief as the kids head back to school, one important task often gets overlooked: designating legal guardians for your minor children.
While you’re busy trying to cram in all the end-of-summer activities, along with school shopping and getting ready to send the kiddos back off to school, it’s about that time to revisit that long-term to-do list item of estate planning and finally get your ducks in a row. As your days get a little less hectic and hopefully, you get a bit more free time, it’s important to remember that none of your kid’s teachers, coaches, and daycare providers have legal authority to care for them if you’re not able to. If something happened to your kids when you weren’t there, do the people watching over them have legal authority in an emergency? Even worse, what would happen to your kids if something happened to you?
A few years ago, a Plainfield Mom was hit by a semi-truck on her way to pick up her son from grammar school. Our office received a panicked call, where we came to learn that the Father was traveling for work and out of state, so the school sent the little boy home with his “emergency contact,” the family’s neighbor. Once the police arrived at the school and were trying to determine the location of the little boy, they had no choice but to pick him up from the neighbor’s house and place him in their “custody,” until his Father returned from his work trip. Why? Because no one had legal authority to care for him, and none of his family were in the state when Mom was in a car accident.
This situation could have been easily prevented. Your neighbors, best friends, and all of the adults your kids spend a lot of time with can easily be granted legal authority to care for your kids on a short-term basis. That way, in an emergency, you can rest assured that there’s a plan in place for your kids to be cared for by people that they know, like and trust in a crisis. It’s also essential to have a long-term plan in place and name guardians for your kids, so that your kids’ future isn’t left to chance… or the courts.
Don’t Rely on Informal Agreements
Without legal documentation, your child could end up in state custody—even if just temporarily—until a judge steps in and makes decisions about where they should go. That could mean your child ends up with someone they don’t know or someone you wouldn’t trust.
And while you may assume your relatives and loved ones will “work it out” and someone will step up on your behalf in an emergency, the truth is, failing to name guardians often causes family conflict and lengthy, expensive legal proceedings. It’s one of the most common mistakes parents make when it comes to planning.
Want to avoid those pitfalls? Download one of my mentor’s free Kids Protection Plan® Guide for practical steps and peace of mind.
In fact, the State of Illinois makes clear that guardianship is a legal relationship created by proper documentation, not by assumption or verbal promises. Illinois Legal Aid explains your options, and if you don’t have any of these formal documents, the court will decide who will care for your children.
Comprehensive Protection for Your Child
The best way to avoid uncertainty is to create a Children’s Protection Plan, which includes:
- Short-term guardians with immediate authority to act in emergencies.
- Long-term guardians who can raise your children if you’re unable.
- Guardians of the Estate who will manage your children’s money and provide a check and balance system when it comes to finances.
- Clear caregiver instructions for babysitters or teachers to contact guardians quickly.
If we’ve peaked your curiosity or you want to learn more, feel free to read: The 3 Reasons Your Estate Plan Must Include A Children’s Protection Plan.
For children away at college, we also include Young Adult Planning Documents, such as Powers of Attorney and Health Care Directives, so you can act if an illness or emergency occurs.
A Thoughtful Approach for Your Peace of Mind
At Family Wealth & Legacy Legal Solutions (FWLLS), we know there’s nothing more important than ensuring your children are protected—no matter what. As the school year begins, don’t miss this essential “homework for parents.” It’ll be the only to-do list item that will give your family peace of mind for decades to come.
Start with a Family Wealth Strategy Session™. During this session, we’ll discuss your family dynamics, walk through what might happen if something happened to you right now, and create a plan that safeguards your children—and everyone you love.
To get started, click here to schedule your complimentary 15-minute discovery call today.
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This article is a service of FWLLS, where we go beyond drafting documents—we help you create informed, empowered plans that protect the people you love. That’s why we offer the Family Wealth & Strategy Session™—so you’re prepared for whatever comes next.