Parenting is a lot like a never-ending shift—you’re on call 24/7. From breakfast battles to bedtime stories, your job is to keep your kids safe and happy. But here’s the tough question: what happens if you can’t be there? Whether it’s a temporary trip, an unexpected illness, or something more permanent, planning ahead can ensure your child is cared for by the right people when you’re not around.
What If You Die?
No one likes to think about it, but if both parents pass away, someone has to step in. The big question is: who?
Life When There Is No Estate Plan
If you haven’t named a guardian in your estate plan, a judge will decide who raises your child. They’ll look at state laws and interview family members, but they won’t know your values or preferences, possibly someone you do not want is named as the guardian. This process is fast, impersonal, and might result in someone you wouldn’t have chosen to raise your child until they turn 18.
Life With an Estate Plan
When you take the time to plan, you get to nominate the person you trust most to raise your child. This nomination is usually made in your will, and while it’s not ironclad, it carries significant weight in court. Some states even allow you to use a separate document to name guardians, making it easier to update if your preferences change.
What If You’re Alive but Incapacitated?
Accidents and illnesses can leave you temporarily or permanently unable to care for your child. Who steps in then?
Without an Estate Plan
If you’re incapacitated and haven’t named a guardian, a judge will once again decide. And just like in cases of death, their choice might not align with your wishes.
With an Estate Plan
A comprehensive plan can include a guardianship nomination for when you’re alive but unable to manage your affairs. This ensures your child is cared for without delay and by someone you trust. Unlike a will, which only kicks in after death, a separate guardianship document can cover scenarios where you’re alive but unable to act.
What If You’re Just Out of Town?
Let’s say you’re traveling without your child—on a cruise, for work, or a well-earned vacation. Who’s in charge if something happens while you’re away?
Without an Estate Plan
Your chosen caregiver may face roadblocks. Whether it’s signing permission slips for school or approving medical treatment in an emergency, delays and confusion can make an already stressful situation worse.
With an Estate Plan
Many states allow you to create a temporary delegation of parental authority. This document lets you authorize someone to make decisions for your child while you’re away. It ensures your child’s caregiver can handle medical emergencies and other important decisions without delay.
Why Planning Matters
Being a parent means being ready for anything, and that includes the unthinkable. A solid estate plan isn’t just about money or property—it’s about making sure your child is protected, no matter what life throws your way.
We’re Here to Help
Parenting is a tough job, but you don’t have to do it alone. We’re here to make sure that, whatever happens, your child is cared for by the right people. Call us today to learn how we can help you protect your family and plan for every possibility.
