Key Considerations for Including a Kids Protection Plan in Your Estate Plan for Minor Children

As a responsible parent, you may have contemplated the crucial task of designating permanent legal guardians for your child in the event of unforeseen circumstances. If you have not yet taken this step, consider this a timely reminder to do so, ensuring your child’s well-being and security should the unexpected occur.

However, there are situations where designating permanent legal guardians for your child may not suffice to ensure that your children receive the care and upbringing you desire from the individuals you trust. In some instances, there may even be a potential risk of your children coming under the care of unfamiliar or undesirable individuals.

Read on to find out if that’s the case for your family, and if it is, contact us ASAP to get your Kids Protection Plan in place. 

You Leave Your Kids With Non-Related Caregivers 

In the event that you entrust the care of your minor children to a caregiver who does not fall within the immediate family circle, such as a grandparent or aunt, there could be implications regarding the authorities’ default choice for your children’s guardianship should something unforeseen happen to you.

Your kids are home with the babysitter. You don’t make it home, and the authorities are called. The authorities show up at your house, and what would they do?

Consider whether authorities would leave your children in the care of the designated individual while they undertake the task of locating your Will or legal guardian nomination. Moreover, contemplate the accessibility of your legal documents. Do they clearly identify someone readily available to assume responsibility for your children, and would the authorities be inclined to entrust your children to them without a court order?

If not, you need a Kids Protection Plan to fill in the gap. 

Guardian nominations become effective only after your passing and are formalized through the legal court process. Consequently, they do not confer any legal authority to your chosen guardians in the event of an emergency or if you experience incapacitation.

Because of this, law enforcement could place your child into protective custody with social services in the event of your sudden absence or incapacity due to an illness or injury. To minimize the chances that would happen, we can name legal guardians for the short-term, and give those named guardians the legal documentation they would need and instructions on what to do immediately if something happens to you. 

In addition, we will give you the tools to ensure that anyone staying with your children while you aren’t there knows exactly what to do if something happens to you. 

You Have Someone In Your Life You Would NEVER Want Raising Your Kids 

While this scenario may not be relevant to everyone, if it resonates with you, it is imperative that you reach out to us for a Kids Protection Plan. If there is anyone in your life whom you would unequivocally not want to assume guardianship of your children in the event of your incapacity due to illness or injury, we can guarantee the confidential exclusion of that individual from your plan through the Kids Protection Plan. Additionally, we can arrange for this confidential document to be disclosed only if required, ensuring that your children are safeguarded from being placed in the care of someone you would deem unsuitable.

You Have Unique Desires For Your Kids’ Education, Health Care or Financial Well-Being

You’ve probably given a lot of thought to how you want to educate your children, the kinds of healthcare decisions you make for them, and how you want them to experience reality from a financial perspective. If that’s the case, then you absolutely want to ensure that anyone raising your children, if you can’t, will know how you would have wanted these decisions to be made. 

Otherwise, if you don’t take the time to leave instructions to the people who could raise your children, they will not know how you would make decisions if you cannot be there to communicate your hopes, dreams, wishes, and desires.

And, here’s the great thing about this … there’s a 99% chance that you are not going to become incapacitated or die while your children are minors (phew), and yet taking the time to write down your unique desires for their well-being and care is an illuminating process in and of itself that will make you a better parent right now.

We hear it again and again from our clients that when they create their Kids Protection Plan with us, they immediately feel a great deal of relief and a belief that they are being the best parents they can possibly be. They have more clarity about what’s really important to them, what they want to emphasize, who they want their children to develop relationships with, and where they can better focus their own time, energy, and attention.

If you aren’t sure where to start when creating these instructions, don’t worry. We will support you with the whole process when we create your Kids Protection Plan. 

Comprehensive Protection for The Ones You Love Most

Designating permanent legal guardians is a fundamental aspect of your estate plan. However, in practice, it may not suffice to guarantee that your child will be under the care of individuals you specifically choose, know, love, and trust should an unforeseen event occur. If there are circumstances where your children might be in the care of a relative, or if there is anyone in your life whom you would prefer not to have raise your children, or if you hold distinctive high-priority preferences regarding their education, health, or financial welfare, a comprehensive Kids Protection Plan becomes essential.

If you’re ready to create a Kids Protection Plan for your child, the first step is to schedule your Life & Legacy Planning Session. During the Session, I’ll look at everything you own and everyone you love to get to know your family and your wishes on a personal level. Then I’ll explain how the law would affect your family if something happened to you today, and together, we’ll design a plan that will protect your assets and your loved ones, 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 Family Wealth Planning Session. The Life & Legacy Planning Session 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 (aka Family Wealth 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 15-minute introductory call today.