
Short Term Guardians:
Most people don’t realize this, but there are two time frames you need to think about when considering what would happen to your children if you die. Traditional estate plans take care of long-term guardians, but almost none address the need for short-term guardians, who should be immediately available to be with your children in the event of an accident. Frankly, that’s frightening, and it’s a big part of the reason why our firm does what we do. If something happened to you while your children were in the care of someone else, and if you have not designated a legal authority to stay with your children until their long-term guardians can arrive, the police will call in child protective services to take your children until someone of legal authority is located. Think about it – you leave your kids with a babysitter, you might leave the babysitter your cell phone, maybe your neighbor’s phone number. But, if something happens to you, you can’t answer your cell phone. And, if your neighbor does not have specific legal designated authority to care for your children, the police won’t risk liability by leaving your children in your neighbor’s care, or even in your sitter’s care, for that matter. As a dad, the thought of my children being taken into custody by the authorities and surrounded by strangers- even temporarily- during a potentially traumatic time, shook me to my core. I know you don’t want it to happen either, so make sure that you designate short-term guardians who live nearby, and make sure the authorities will be able to quickly identify who those short-term guardians are.Long Term Guardians:
I want to tell you what could potentially happen if you don’t choose long-term guardians for your children: a probate judge will choose for you. A probate judge is someone who will have the best interest of the children in mind, but who also will not have all the facts, and may choose someone who you would never want raising your kids. But, there will be nothing in writing to indicate your wishes for your kids, nor who you want raising them, and how. The good news is neither of those scenarios ever have to happen, if you do the proper planning (and it can be fairly easy to do!).The Good News:
You can relieve yourself of thinking about what would happen to your kids if you weren’t here. You can plan for the “what ifs” and give a lasting gift to your family, by making sure they are taken care of by the people you want, in the way you want. Ask yourself the question “What am I waiting for? Don’t wait any longer – give our office a call. You can reach Paula, our Client Services Director, at 978-263-6900. She’ll be able to answer your questions and schedule a time for you to come in to meet with us.
David Feakes is the owner of The Parents Estate Planning Law Firm, PC – a law firm for families in the Acton, Massachusetts area. David helps parents protect the people they love the most.