Child Protection plan

Parents will do anything to protect their children. It is not enough to simply name a guardian for your children in your will.  If the parents die together in a car accident, the will’s directions will be insufficient or irrelevant.  It may take a week or more before somebody finds your will and it is seen by a judge.  It won't be your choice of guardian that takes care of and makes decisions for your child in the short-term.  Very likely your children will be placed in the custody of Child Protective Services until your will is found, a hearing is held and your designated long-term guardian is appointed to raise your children.   If you don't have a will, or your will doesn't name a guardian, this will require members of your family to go to court and petition for custody, and the court might appoint someone you really don't trust or want to raise your children, just because they are next of kin. 

These are not just unhappy hypotheticals, probate and juvenile courts handle problems like this everyday, rarely knowing what the wishes of the parents really were.   

This is why a Child's Protection Plan is so important.  

Our office will design a Child's Protection Plan for you which creates a network of your closest friends and family who you have considered, consulted, and who have agreed ahead of time to step in and care for your children if ever a need arises.  In essence, you will designate a chain of command of both short- and long-term guardians who have legal authority to care for, house, and make decisions for your minor children in the event you are unable to care for them yourself.

Our office will consult with you, find out who you think is the best choice to care for your children, and draft a range of legal documents that can protect your children in case something happens to you. 

A robust Child's Protection Plan includes the following documents:

• Nomination of a short-term guardian. Also referred to as a temporary guardian, this establishes a guardian who can immediately step in as a "first responder," to care for your children, the very day they are needed.  They may be needed to be a short-term guardian for a few days or a few months.  The short-term guardian cares for your children until the person you selected to be the long-term guardian can be appointed. 
• Nomination of a long-term guardian. Often, someone's choice of long-term guardian lives far away, is temporarily unavailable, or must travel from across the country to the children’s location at the time of your incapacitation.  The long-term guardians are the people you have nominated in your last will and testament and are those you have carefully considered to be the best primary caregivers for your minor children until they reach adulthood.  This may be family, but it may not. 
• Nomination of a preneed guardian. Similar to a long-term guardian, this is often established as part of a “living well” and names a guardian for your children in the event you become incapacitated. A preneed guardian will remain the caregiver until you are physically able to return to parenting.
• Nomination of a healthcare surrogate for a minor. This allows you to identify a specific, trusted individual to make medical decisions for your children on your behalf. This can be critical if you become incapacitated at the same time your children need urgent medical care, such as if an entire family is injured in a car accident.
• Directions for guardian and healthcare directives for minors. If you are granting an individual authority to make decisions on behalf of your children, you will want to make sure they have as much information as possible and also not go against your specific wishes. You can provide legally enforceable instructions that limit decisions a guardian can make as well as specify critical healthcare information, like your children’s allergies or relevant illnesses.
• Confidential exclusion of guardian. If you are aware that someone in your family may attempt to assert guardianship of your children against your wishes, you can legally document your objection, which courts will take into consideration when deciding such a conflict.
• Emergency wallet identification cards. Giving your children an ID with practical contact and medical care information can help protect them in the event of a crisis.
• Babysitter instructions. If a babysitter is caring for your children at the time of an incapacitating accident, you will want to make sure they understand who will be the "first responder" to contact.