Most parents of young children think – “I need a will so that I can tell the state who should parent my children if I die.”  But a guardian nomination in a will can only do part of the job, as it does not actually appoint parental substitutes to act in case of emergency. 

Here I will explain what you need to do to ensure you have appointed long and short term guardians for your children in case you die or in case of emergency. So without further ado..

 

A Will Nominates Long Term Guardians Only

When an actor or actress is nominated for an Oscar – they do not automatically receive the award right? The academy votes as to who actually receives the award.  You can think of your guardian nomination in your will as very similar.  

You have nominated someone you think should become the long term guardian of your children if you are dead.  However, the court, the Probate Court judge has the last say, and may have to make the decision among others who choose to nominate themselves. This creates the possibility of a lengthy court battle and conflict among family with your children hanging in the balance.  

This process can also take months and sometimes years, to complete.  What happens if you are in an accident and do not come home from work?  Who takes care of your children in that emergency situation?  The police are not going to watch your children for the weeks or months it takes for the court to figure out who should be the children’s guardians.  Your children will go into foster care if there isn’t an appropriate blood relative immediately findable or available during an emergency situation. 

 

Guardian Appointments are Necessary for Emergency Situations

The solution is to do more than just nominate long term guardians in your will. Instead we create an entire emergency response plan with a comprehensive set of documents that includes short and long term guardian appointments. 

First, as part of your official legal estate plan we have signed and witnessed appointments of short term and long term guardians.  These are individuals you choose while you are alive and well, and you authorize them to act as you with a set of legal documents.  This way you and your children know who to call in case of emergency.  And those individuals have copies of all the important paperwork necessary for them to show to first responders, social workers, and the police.

A comprehensive plan for emergency also includes an emergency phone tree, instructions for caregivers (nannies, babysitters), medical powers of attorney for the kiddos, doctors lists, and a set of  comprehensive instructions for the short and long term guardians so they can act as a surrogate parent immediately without having to wait for court approval. 

With this process you can ensure the right people are taking care of your children and that they do not end up as wards of the state while strangers make decisions about who they stay with. You decide, and you make sure your children are with people they know, and that you know will take care of them as you want them to be. This prevents the possibility of needless suffering for your children. How horrible would it be for them to lose you and have to go into temporary foster care? Exactly why it is so important to stipulate guardians and create a comprehensive emergency response plan. 

 

Make Sure Your Children Are Taken Care of In Case Of An Emergency

It is necessary to do more than talk to people and nominate them to be long term guardians of your children.  A guardianship nomination in a will does not do the job in case of emergency.  You want to work with an experienced estate planning attorney to create short and long term guardianship appointments, as well as to create all the other necessary paperwork to ensure your children do not end up wards of the state.  Completing a comprehensive guardianship and emergency response plan ensures that they will always be with people they know and love, even in the worst case scenario.  

To get started creating your comprehensive guardianship and emergency response plan you can book a consultation with our law firm today by clicking the link below.