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  • Your Most Important New Year’s Resolution: A Kids Protection Plan

    Your Most Important New Year’s Resolution: A Kids Protection Plan

    As we welcome the New Year, filled with hope and resolutions for a brighter future, if you have minor children or grandchildren, put this commitment at the top of your list– a Kids Protection Plan. 

    Even if you’ve already named legal guardians for your children (or your siblings have done it for their kids, or your kids have done it for your grandchildren), most people…even lawyers!…make 1 of 6 common mistakes when naming legal guardians. And if you (or your siblings or your children) haven’t named legal guardians for minors you care about, make it your New Year’s resolution to take care of the littles in your life before the end of this month.

    It can be hard to think about a future where you couldn’t be there for the people you care about the most, but having a plan in place will ensure the little ones you love stay in the care of the people they know and trust in the event you become incapacitated or die. If you don’t take action, the decisions about their care could be left up to chance, or to whichever judge is overseeing the family court at the time something happens. 

    This isn’t just some task to add to your to-do list. It’s a warm embrace of security for the littles you love. So why is this the ultimate resolution for you in 2024? Keep reading to find out.

    Unforeseen Circumstances Can Leave Your Kids In the Care of Strangers (or Worse)

    What could be worse than your kids being left in the care of strangers if something happens to you? Your kids being left in the care of that one person you know you’d never want making decisions about their education, healthcare, or financial life. If you don’t have a person like that in your life, lucky you!

    And you still want to choose who makes the most important decisions for your kids if you can’t, right? 

    Imagine your kids at home with a babysitter and you don’t make it home. Your babysitter waits and frets, but doesn’t know what to do.

    S/he has no choice but to call the authorities because you didn’t leave any instructions otherwise. The authorities arrive and they have no choice but to take your kids into the care of strangers, even if you’ve already named legal guardians in your will.

    They probably don’t know where your will is located. If they can find it quickly, they may not know how to get in touch with the people you’ve named. Or the people you’ve named all live hours or even days away.

    Finally, because your will must go through the court process to be operative, the authorities can put your kids in the care of people who may be strangers to your kids – or even someone you wouldn’t want – while they wait for the court process to play out.

    We do have a solution! It’s called a Kids Protection Plan, and it will solve each of these problems plus ensure your children are never in the care of anyone you wouldn’t want.  

    A Kids Protection Plan Lets You Pick Who Cares for Your Kids – Not a Judge

    Is there someone in your life whom you unequivocally would never want raising your kids? Even if you’ve already named permanent legal guardians for them, it’s still up to a judge to make the official determination of who should raise your children long-term. If this person is an immediate family member, the judge may choose them as your kids’ permanent legal guardian if they come forward as a candidate, despite what your permanent guardian nomination paperwork says. Crazy, I know! But it’s how the system works.

    A comprehensive Kids Protection Plan confidentially excludes anyone you would never want raising your kids and we’ve figured out how to create it in a way that makes it highly unlikely that anyone you would never want to take custody or care of your kids would even try. With this confidential document, you can ensure your children are always kept out of the care of anyone you would never want to make decisions for them. 

    You Have Unique Desires for Your Kids’ Education, Healthcare, and Financial Well-Being

    You spend an inordinate amount of time planning your kids’ activities, their care, and their birthday parties. You almost certainly have distinct desires regarding their education, healthcare, and financial well-being. A Kids Protection Plan allows you to articulate these wishes in a way that provides your kids’ legal guardians with guidance and your children with the comfort of their routine. 

    Plus, providing clear instructions to potential guardians ensures your children’s upbringing aligns with your values and aspirations. This process not only secures their future but also provides you with clarity about your parenting priorities.

    Comprehensive Protection for the Ones You Love Most

    While nominating permanent legal guardians is fundamental, it might not suffice in every situation. A full-fledged Kids Protection Plan offers a holistic approach, addressing the potential pitfalls of leaving your kids with caregivers, excluding unwanted individuals from guardianship, and outlining your unique desires for their well-being. This comprehensive plan ensures that your children remain in the care of trusted individuals who understand and respect your values.

    If you’re ready to make creating a Kids Protection Plan your most significant New Year’s resolution, the first step is to schedule your Life & Legacy Planning Session. During the session, we’ll guide you through our unique, heart-centered process to tailor a plan that reflects your wishes, secures your family’s future, and includes a Kids Protection Plan. 

    Unlike other resolutions that may be hard to stick to, we’re here to guide and support you through every step to ensure your Kids Protection Plan offers the best protection for the people you love – both now and for years to come.

    Schedule a complimentary call to learn more about our process and schedule your own Life & Legacy Planning Session. 

    This article is a service of Jeannette Marsala, Personal Family Lawyer. 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. That’s why we offer a Life & Legacy Planning Session, during which you’ll get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.

  • Got Minor Kids? 3 Instances When Your Estate Plan Must Include a Kids Protection Plan

    Got Minor Kids? 3 Instances When Your Estate Plan Must Include a Kids Protection Plan

    As a parent, you’ve probably thought about the importance of naming permanent legal guardians for your child in case something happens to you, and maybe you’ve already done it. If you haven’t yet, take this as the sign that now’s the time to do it, in case the unthinkable happens to you.

    But in some cases, naming permanent legal guardians for your child may not be enough to guarantee your kids will always be cared for in the way you want by the people you want. And there may even be a risk of your kids being taken into the care of strangers or someone you would never want.

    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 

    If you ever leave your minor kids with a caregiver who isn’t a grandparent, aunt, or other family member that the authorities would naturally leave your kids with if something happens to you, this is what could happen.

    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?

    Would they leave your children at home with the person taking care of them while they attempt to find your will or legal guardian nomination? Would they even be able to find your legal documents? Would your legal documents name someone who would be immediately available to come to stay with your children, and would the authorities leave your children with those people without a court order?

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

    Permanent guardian nominations only take effect upon your passing and are made official through the court system. This means that they don’t give any legal authority to your chosen guardians in an emergency or if you become incapacitated. 

    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 may not apply to you, if it does, you absolutely, 100%, without question need to contact us for a Kids Protection Plan STAT. If you have anyone in your life you would never want raising your kids if you aren’t able to due to illness or injury, we can ensure that person is confidentially excluded from your plan using a Kids Protection Plan. We can structure it so that this confidential document is only brought forward if necessary to keep your children out of the care of the person you would never want to raise them.

    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 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 won’t know how you would make decisions if you cannot be there to communicate your hopes, dreams, wishes, and desires.

    Here’s the great thing about this. There’s a 99% chance that you’re 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’re 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

    Nominating permanent legal guardians is an essential piece of your estate plan, but in reality, it often isn’t enough to ensure your child remains in the care of people you choose, know, love, and trust if something happens to you. If your children are ever left with a relative, or if there is anyone in your life you wouldn’t want raising your kids, or if you have unique high-value wishes for the way your children are raised when it comes to their education, health, or financial well-being, you need a full-fledged Kids Protection Plan. 

    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.

    To get started, schedule a complimentary 15-minute call. We can’t wait to protect your children and your entire family through comprehensive planning.

    This article is a service of Jeannette Marsala, Personal Family Lawyer. 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. That’s why we offer a Life & Legacy Planning Session, during which you’ll get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Life and Legacy Planning Session and mention this article to find out how to get this $750 session at no charge.

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