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Top 3 Questions to Ask an Estate Planning Attorney

Mother holding son at Thanksgiving Dinner representing concept of questions to ask an estate planning attorney

In your role as a dedicated parent, you’re always thinking about securing a bright future for your children, regardless of the uncertainties life throws your way. This Thanksgiving, we’re here to help you give your kids the invaluable gift of guardianship.

In this comprehensive guide, we’ll not only explore the significance of naming guardians for your children but also provide you with essential questions to ask an estate planning attorney. Here are three often overlooked aspects to consider when naming guardians for your children.

1. What About Short-Term Planning?

Whether you’ve already selected guardians for your children or are starting to think of this decision now, we’re willing to bet only long-term guardians are included. But what about short term planning? Typical estate planning attorneys focus on the long-term, but it’s vital for families with minor children to address short-term scenarios.

Imagine you’re in a car accident, and your chosen long-term guardians live far away. What then? Will your babysitter know what to do? Do your children’s school administrators know what to do? Will the police have a clear plan? 

Without designated short-term guardians (yes, we recommend several!), the Department of Children and Families Services might step in, potentially placing your children in the care of strangers.

To prevent such a distressing situation, it’s essential to contemplate the immediate future when selecting guardians. So, here’s the first vital question to ask an estate planning attorney: How can we ensure our children are safeguarded in the short term?

2. How To Plan for Incapacity?

We’re living in unprecedented times, where unforeseen health challenges have become a part of our reality. In this context, it’s not just enough to plan for your children’s long-term guardianship; you must also consider scenarios where you might face incapacity due to illness</font color>.

What if you become unwell and require hospitalization? Your children will still need care and someone to make critical decisions on their behalf.

This is precisely where a legal guardian with the authority to step in becomes indispensable. Your estate plan should address this vital aspect, ensuring that your children’s well-being is not compromised even in challenging circumstances. Thus, the second question you should ask your estate planning attorney is: How can we plan for our children’s care in the event of our incapacitation?

3. Can We Exclude Unfit Guardians?

In the process of selecting guardians, it’s equally important to consider those family members who, for various reasons, should unequivocally not be named as guardians for your children. This step might seem challenging but is essential to guarantee your children’s welfare and your peace of mind.

Some relatives might not be suitable for the role or could potentially challenge your decisions. So how to you make sure they are never considered as a guardian? 

Your estate plan can explicitly exclude such individuals, ensuring that your wishes are honored and that your children are entrusted to the right guardians. Therefore, the third critical question for your estate planning attorney is: How can we legally exclude unfit guardians from consideration?

Our Team, Your Support

We understand that as a concerned parent, the weight of these considerations might feel overwhelming. However, you don’t need to go through this alone with an impersonal attorney who may never consider these questions necessary for young families.

Our dedicated team is here to build relationships with you and guide you through the decisions necessary to secure your family’s future. With years of experience</font color> and a deep understanding of the complexities that young families like yours face, we’re committed to helping you make the best choices for your loved ones.

Thanksgiving's Gift of Guardianship

This Thanksgiving, let’s make it a point to give your children a gift that will last a lifetime – the gift of guardianship. It’s an act of love and responsibility that ensures their bright future, no matter what life may bring. 

We encourage you to bring up this important conversation with your family. So, as you gather around the table with your loved ones, reflect on the importance of this gift and take the first step towards securing your family’s future.

Start Safeguarding Your Family's Future

For more information and to begin the process of safeguarding your family’s future, don’t hesitate to give us a call at 978-263-6900.

Schedule a conversation with our Client Services Coordinator, and let’s embark on this important journey together. After all, there’s no better time than now to ensure that your children are protected and provided for, come what may.

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At The Parents Estate Planning Law Firm, we answer your questions at your convenience; we stay in frequent communication; and we meet to discuss changes in life circumstances and in the law to ensure that your assets are protected.




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