Estate Planning Blog

Sacramento Estates Lawyer Asks, “What If You Never Made it Home Today…”

March 24, 2011

Imagine being involved in a serious accident or suddenly dying without the authorities or medical personnel knowing that you have minor children waiting for you at home or school.

Now imagine your children waiting for hours upon hours feeling scared, confused and helpless while their babysitter or other caregiver scrambles to figure out what happened and why you never returned.

Even worse, imagine social services removing your kids from their home during this devastating time because they can’t find legal documentation that says who the kids are permitted to stay with if something happens to you.

Scary thought, isn’t it? Yet as a Sacramento estates lawyer, I know that far too many area parents set themselves up for this devastating situation by not having the right emergency plans in place should the unthinkable occur.

Fortunately, there are 3 easy steps you can take right now to make sure your kids are protected if something happens to you. They are:

  1. Legally document your choice of guardians– This is the most important step in making sure your kids are cared for by the people you want, in a way you want, if something happens to you. In addition to naming someone who can take care of your kids on a long-term basis, you’ll also want to name short-term guardians who can immediately show up and support your kids if the unthinkable happens. Don’t forget your child’s school emergency card and consider whether your short-term guardians and the people you have identified on the card should be the same.  Without such documentation in place, the authorities will have no choice but to place your kids temporarily into the care of social services until a judge can make this decision on your behalf.
  2. Carry a Guardianship Card in Your Wallet – This is such an easy, yet commonly overlooked step that will spare your children from hours of worry and anxiety if something unexpectedly happens to you. Essentially, you are going to create a card for your wallet that lets the police or medical personnel know that you have minor children at home. It should include your address, phone number and any other pertinent information necessary to get in contact with your kids. Finally, the card should include your guardianship instructions so the authorities know exactly what to do if tragedy strikes.
  3. Leave detailed instructions with schools, babysitters and neighbors- Once you legally document your choice of guardians, it’s critical to leave such information with your child’s school, babysitter and even the next-door neighbors. That way, if the police show up at your door, someone will have tangible, legal proof as to where you want your children should go in an emergency.

It all starts by legally documenting your choice of guardians so someone has clear permission to care for your kids if something unexpectedly happens to you and/or your spouse.

If you have not yet documented your choice of legal guardians and are not quite sure how to start, I invite you to give our office a call at (916) 241-9661 and schedule a Peace of Mind Planning. These sessions are normally $750, but you can come in at no-charge with the mention of this article.

Call The Chubb Law Firm today at (916) 241-9661 to review your goals and discuss your options.

Free Resources

CLIENT Story

Heather was wonderful. She explained, in understandable terms, why it is important to establish an estate plan. I never realized what would happen, without a plan in place, and we could not bear the thought of our child in arms of absolute strangers while the court system sorted out his future.
Meri

As Seen On