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Estate planning is especially important for families with
minor children.
When I do workshops in estate planning I always tell my
participants that the most important document
in their plan if they have minor children is the
Appointment of Guardian for Minor Children. Choosing
who will take care of your children is very emotional and
sometimes difficult but legally documenting your decisions is
critical to a successful estate plan. If you have kids, you need
to plan to care for your children and your family. Protecting
your family and your family's assets by implementing wills, trusts and guardian
appointments is
important for everyone.
Appointment and Declaration of Guardian for Minor Children
This appointment allows you to
decide who will raise your children in the event you are deceased. There have been cases where a
child was placed in foster care when feuding family members
could not agree to let the child live with one or the other
family while the court made a decision in the “best interest” of
the child. With proper planning you can separate the loving home
and family who will raise your child from the financial
component. You can also
set some guidelines or criteria you would like the guardian to
respect while raising your child. Frequently this is the
stumbling block to coming to plan your estate. You cannot agree
with your spouse who will be responsible for your child. But can
you imagine a court choosing a guardian for your children. Or
worse - imagine your relatives arguing in court over who gets
your children—or having them agree but not on the people you
would have chosen.
Ideas for You
Here are some ideas to help you make your best choice.
Idea 1: Consider people outside the obvious choices. Consider the ages of your children as well as
the ages of the guardians.
Idea 2: Friends can make excellent guardians.
Consider families your family is close to,
friends you know from church, even teachers or child care
providers with whom you and your children have a special
relationship.
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Idea 3: Don't stress about finances or the size of someone’s
house. Don’t eliminate anyone from consideration because you
don’t think they have the financial means to take care of your
children. You can take care of the finances with what you leave.
(That's what term life insurance is about!)
Idea. 4: Focus on who would love your children – through the
teenage years. Consider whether each couple or person on your
list would truly love your children if appointed their guardian.
Idea 5: Consider values and
philosophies such as
- religious beliefs
- moral values
- child-rearing philosophies
- educational values
- social values
Idea 6: Personality counts -
Are they loving? Are they good role models?
Do they have the patience to take on parenting your children?
How affectionate are they?
If they're fairly young, how mature are they?
Idea 7: Consider practical factors. Their age
and possible changes in their lives and ask:
How would raising children fit into their lifestyle?
If they’re older, do they have the necessary health and stamina?
Do they really want to be parents of a young child at their
stage in life?
Do they have other children? How would your children get along
with theirs?
How close do they live to other important people in your
children’s lives (grandparents, friends)?
If a couple divorced, or one person died, would you be
comfortable with either of them acting as the sole guardian? If
not, you need to specify what you would want to happen.
Idea 8: Look for a good – but not a perfect – choice. No one
on your list will seem perfect. But if you consider what matters
to you most, you will probably be able to make some reasonable
choices. Always, trust your instincts, if one couple or person
seems to meet all of your criteria, but doesn’t feel right,
don’t choose them.
Idea 9: Write down your reasons. If you’ve chosen friends
over relatives, or a more distant relative over a closer one, be
sure to explain your reasoning in writing.
Idea 10: Talk with everyone involved. If your children are
old enough, talk with them to get their input as well. And be
sure to consult with the people you'd like to choose, to ensure
they're willing to be chosen and would feel comfortable acting
as guardians.
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Once you’ve made your choice, there are steps you can take to
make sure the potential guardians you’ve chosen will have
guidance and support they need. Here are a few ideas:
Create a set of guidelines to convey information about your
children, your parenting values and your hopes and dreams for
your children. (We can assist you in creating a “Guidelines for
Guardians” handout.)
Set up a trust that will hold the assets you pass to your
children, and instruct the trustee to provide necessary
financial assistance to the guardians or specific instructions
about special things you’d like the trust funds used for (for
example, annual trips for your children to visit close friends
and relatives, a particular sport or summer camp, putting in a
swimming pool at the guardians’ house).
HIPAA for College Kids and Young
Adults
Our Guardian4Kids
program bridges the gap between minors who can't make a
decision legally and young adults whose parents still
are or need to be responsible for their adult children.
There is no worse feeling than knowing
your child is in the hospital out of state and you can't
talk to or get information from the hospital because
your child is an "adult."
All of our client's college-bound
students execute our Guardian4Kids documents granting
his or her parents the authority to talk to health
care professionals and to obtain grades and financial
information from the universities.
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