Imagine the unthinkable: something happens to you, and you’re no longer able to care for your children. In that moment, what happens next could shape the course of your children’s lives forever. Would they be with the people you trust? Would their lives remain as stable as possible? Would your wishes be followed?
Too many parents assume that naming guardians in their will is enough. But here’s the truth: that alone doesn’t provide the protection your kids need.
As an estate planning attorney and mother, I want every parent to know: true protection for your children requires a comprehensive plan – one that covers not just the “what if I die” scenario, but also the “what if I’m temporarily unavailable” moments.
Let’s walk through the most common (and costly) mistakes I see parents make when it comes to naming guardians—and how to make sure your kids are always cared for by the people you trust most.
10 Common Guardianship Mistakes (and How to Avoid Them)
1. Thinking a Will Is Enough
A will is important – but it only takes effect after death. It doesn’t help if you’re in a serious accident or temporarily unable to care for your children. You need separate legal documents that name both short- and long-term guardians who can step in immediately in an emergency.
2. Forgetting to Plan for the Short Term
If something happened to you tonight, who would take care of your children right now? Without a short-term guardianship plan, your kids could be placed with strangers – or worse, taken into the foster system – until everything is sorted out.
3. Not Naming a Guardian at All
If no one is legally appointed, the court decides who will raise your children. That’s a risk no parent wants to take.
4. Failing to Name Backup Guardians
Life is unpredictable. What if your first choice can’t serve? Always name at least one or two backup guardians, just in case.
5. Choosing Based on Financial Means Alone
While finances are important, your children’s emotional and spiritual well-being should come first. You can always name someone else to manage the money – what matters most is that your chosen guardians share your values and parenting style.
6. Assuming Godparents Count
Godparents may be meaningful in your heart, but unless they’re named in a legally binding document, they have no authority. Make it official.
7. Overlooking Other Key Roles
Guardianship is just one part of the picture. You’ll also need to name people to manage your children’s finances and healthcare if something happens to you.
8. Not Giving Guidance to Guardians
Don’t leave your chosen guardians guessing. Write down your values, parenting preferences, and any wishes you have about how your children should be raised.
9. Failing to Keep Your Plan Up to Date
Your life evolves – and so should your plan. Review and update it regularly to reflect changes in your family, relationships, and the law.
10. Naming a Couple Without Clear Instructions
What if your chosen guardians divorce or separate? Spell out what should happen in that case to avoid future conflict.
The Safer, Smarter Way: Create a Kids Protection Plan
At my firm, we offer a unique solution called a Kids Protection Plan – a comprehensive set of legal tools and clear instructions to ensure that your children are never left in the care of strangers or the court system, even for a moment.
Your plan will:
- Legally name both short- and long-term guardians
- Provide guidance to your guardians based on your values and parenting style
- Include emergency ID cards and instructions for first responders
- Name someone to manage your children’s finances (so it’s not all on the caregiver)
- Ensure your children are raised by the people you choose, in the way you choose
This kind of planning gives you peace of mind today and protects your children for all their tomorrows.
Ready to Protect What Matters Most?
You’ve worked hard to build a beautiful life for your family. Now it’s time to protect it. I’m here to help you put the right plan in place so you can breathe easier, knowing your children will always be in the best hands – no matter what.
At Cheever Law, APC, we don’t just draft documents; we ensure you make informed and empowered decisions about life and death for yourself and the people you love, starting with a valuable and educational Life & Legacy Planning Session. This will allow you to get more financially organized and make the best choices for the people you love. If you have already completed your estate plan, we will review that plan at your Life & Legacy Planning Session to ensure that it will work the way you intend and address any holes or gaps that may be present if circumstances have changed since you executed your plan.
To learn more about our one-of-a-kind systems and services, contact us or schedule a no-obligation 15-minute introductory phone call today.