When Tragedy Occurs, Who Will Raise Your Children?

Brought to you by Legacy Planning Law Group

Legacy Planning Group

Did you know that 69% of parents do not have any protections in place for their children if something happened to them? Of those who have, it is very likely there are loopholes that could make those protections useless. Think about this–what happens if you and your spouse are out one night and your children are with a sitter, and you don’t come home? Even if you have a Will in place, your children could be taken from your home if the unimaginable happens to you.

Imagine this scenario. The police arrive at your home, either after having been called by your sitter when you don’t return home or after having found you in an accident. Upon finding your children home with the sitter, they will ask if any family lives nearby and can be reached. Would your babysitter know this information? If not, the police will call in Child Protective Services to assist in determining who to leave the children with until guardians can be appointed by the Court. CPS will take your children into protective custody until they can figure out what to do… and that’s just the short term. The confusion will continue for your children as the Court goes through the process of establishing a long-term plan.

For the long-term, the decision about who will raise your children will be left to a judge to decide. And, if you have a lot of family nearby, this can cause a big mess because sometimes more than one family member will want custody of the children. A judge who doesn’t know you or what’s important to you will have the power to decide who raises your kids. It will be too late for you to influence this process and ensure the best outcome for your children. Your children may even end up in the care of someone you would not choose.

For example, there was a case where a mother of two children passed away and prior to her death, had expressed to her husband that her mother, the children’s grandmother, have no access to her children. The husband did abide by these wishes; however, grandma sued and after many years in litigation, the court finally agreed to let grandma have visitation rights. The problem here is that while the mother had expressed her wishes, there was nothing put in writing.

If you have not taken the steps to ensure that your children are taken care of by the people you want in the way you want, then you may want to consider a “Children’s Protection Plan,” developed by Legacy Planning Law Group. A “Children’s Protection Plan” allows you to outline your desire for who will be responsible for your children, how you want them to be raised, confidentially exclude certain people from becoming guardians, and provides instructions to babysitters. The “Children’s Protection Plan” also includes and ID card for your wallet so that if you are in an accident, the authorities will know you have minor children at home and who to call, the person with the legal authority to stay with your children.

Legacy Planning Law Group’s “Children’s Protection Plan” is a combination of 9 documents that guarantees peace of mind that comes with knowing your children will be in the best possible position should the unthinkable occur. Most estate planning attorneys don’t address all of these types of issues. This is largely because they don’t perform estate planning through the eyes of a parent. Children’s protection planning is not something you want to leave unsettled a day longer than necessary.

Not having their parents return home is already traumatizing enough for young children, why make it complicated at such a delicate time? Children dealing with this unimaginable circumstance should be with guardians they trust and are comfortable with as they cope with the loss of their parents. Legacy Planning Law Group can help ensure this will happen. For more information on how to protect your children, please visit our website at legacyplanninglawgroup.com, call us at (904) 880–5554 or feel free to send Jennifer an email at [email protected].

Want to learn more about the process or have questions about estate planning and a child protection plan? Check out our LIVE FB Chat with Jennifer Singh from Legacy Law Group and JMB Co-Founder Megan Kilis HERE!

About the Author:

Jennifer SinghJennifer grew up in Syracuse, New York and moved to Jacksonville in 2004 after graduating from Florida State University and embarking on a career with Target. Desiring to pursue her passion in law, she attended law school in the area and soon after graduation met her boyfriend, a Jacksonville native. They now have soon to be 3-year old Alexander and are living in beautiful San Marco. After practicing for over 3 years, Jennifer joined Legacy Planning Law Group in May of 2016 to primarily focus on estate planning for families with young children. Having never had a plan of her own for Alexander, she was immediately inspired by what the Children’s Protection Plan offered and feels that every mom should have one!

 

 

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