https://images.pexels.com/photos/208106/pexels-photo-208106.jpeg
Let's talk about it.
A tough conversation.
What do you do when a family member passes and you're left to care for your children? Or what happens when your aging parents can no longer care for themselves? These are the conversations that no one wants to have with their family…
But they are a reality that everyone must face sooner or later.
The problem is…
When something happens, there is a lot that is at stake. Who will care for your children? Who will make important financial decisions for your elderly parents? The decisions left up to the court might not even be what you would want.
In this guide:
Why Guardianship Planning is So Important
Types of Guardianship You Should Know
How to Bring up Guardianship With Your Family
Planning Your Guardianship Step by Step
Why Guardianship Planning is So Important
It might surprise you to learn just how unprepared most families are…
A 2024 national survey found that only 32% of Americans have an estate plan in place. That means almost 70% of families are completely unprepared for the unexpected.
And for parents with young children, guardianship planning is even more important. Yet families may not have any legal documents designating guardians for their children if a tragedy were to strike.
This is where you need to bring in guardianship legal services. Working with experienced professionals like Arkansas Guardianship Lawyers will help you ensure your family is legally protected. We'll walk you through the process of choosing guardians and creating enforceable legal documents.
Consider the alternative…
If you die without naming a guardian, a judge you have never met gets to decide who will raise your children. That judge makes one of the most important decisions of your child's life based on very little information.
How's that feel?
That's why making this choice up front in a guardianship plan is so important. You should always name a guardian in your will instead of leaving it to a stranger to decide.
Types of Guardianship You Should Know
Not all guardianship is created equal.
The different types of guardianship are important for families to understand so that they make the best decisions.
Guardianship of the Person is a guardianship that is focused on personal care. This type of guardian is responsible for making decisions regarding the ward's medical care, education, and general welfare.
Guardianship of the Estate involves the management of the ward's finances. This guardian would pay bills and manage assets for the ward.
Limited Guardianship is when a guardian has limited authority over specific areas of the ward's life. This is a great option when an individual needs support with some decisions but not others.
Emergency Guardianship is a temporary guardianship that is appointed in an emergency situation. In this type of case, the court will often move quickly to appoint a guardian.
Standby Guardianship is a guardianship that only comes into effect after the happening of some triggering event. This can be a great way to plan for situations where the original guardian can no longer serve.
Different situations call for different types of guardianship. It is important to evaluate your family's specific needs to determine which type of guardianship is right for your loved ones.
How to Bring up Guardianship With Your Family
The hard part…
Talking about it.
It's a natural human instinct to avoid conversations that are difficult or make us feel uncomfortable. Death and incapacity are not easy to discuss at the dinner table. But that does not change the fact that these topics are critical to your family's future.
Pick a good time when everyone is relaxed.
Don't start the conversation during a holiday or when emotions are already high. A calm moment is the best time to have difficult conversations.
Be very clear on why this is so important.
Communicating why this topic is necessary is a key component of the conversation. You need to stress that guardianship planning is done with the best interest of everyone in mind. Children are given to loved and trusted caregivers. Aging parents are given proper care. Assets are protected. These are all important things that guardianship planning accomplishes.
A few helpful phrases that you can use as conversation starters include the following:
"Have you ever thought about what would happen to the children if something were to happen to us?"
"Mom and Dad, let's talk about what you would want to happen in the future."
"Who would you want making decisions for you if you were unable?"
You may meet with some resistance.
This is only natural.
Expect people to be a little upset at first when you start the conversation. Keep in mind that the purpose of this talk is to protect everyone in your family. Remain calm and help people see that planning for the worst is the only way to keep everyone safe.
And a very important tip…
The more educated everyone is on the legal process, the more helpful this conversation is. Work with guardianship legal services ahead of time so that you can educate family members and answer questions before you need guardianship to be in place.
Planning Your Guardianship Step by Step
Okay.
Ready to get planning?
Let's do it.
Step 1: Choose your guardians wisely
This decision is one of the most important you will make when it comes to planning for guardianship.
Choose a guardian who:
Is in good health and not too old
Shares your values and parenting style
Is financially stable and responsible
Lived nearby with a lifestyle and priorities similar to your own
Is willing to serve
Always ask a guardian before naming them.
As much as you may want to pick your best friend or brother to serve as guardian for your children, the last thing you want to do is force people into a role that they are not willing or able to serve.
Step 2: Choose backup guardians
Change happens. The person you pick as your first choice may no longer be available or suitable when the time comes.
Choose alternates to ensure your plan still works even if circumstances change.
Step 3: Make it legal
Verbal is not a word in a court of law.
A recent study found that only 36% of parents with minor children have a will in place. That leaves the majority of parents without legally documented guardianship wishes.
Partner with professional legal services to create enforceable legal documents. This typically involves creating a will and guardianship nomination. You may also create trusts in some cases.
Step 4: Keep up with reviews and updates
Change is constant in life. Marriages, divorces, deaths, relocations, job losses… all these events could change your guardianship plan.
Review your guardianship plan and legal documents at least every few years.
Update them whenever major changes happen in your life.
Step 5: Communicate your guardianship plan
Tell your family members about your plans.
Make copies of important documents and give them to guardians and close family members. Don't forget to share where you've kept the documents so that they can be found if the need arises.
Many families don't even tell other family members about their guardianship plan. In an emergency, nobody is able to find the documents or even knows your wishes.
Wrapping it All Up
Planning for guardianship is not a fun conversation.
No one likes to think about worst-case scenarios or have difficult conversations with their family.
But it's the reality of life…
If you don't make these plans, a court will make these decisions for your family. The state has no idea who you trust to care for your kids. The court has no idea what your elderly parents would want for their future.
When you plan ahead, you get to make these decisions for your family. You get to protect your children, your aging parents, and your estate. Guardianship planning gives you that peace of mind.
And most importantly, this conversation nobody wants to have may be the most important one you ever have with your family.
Stop putting it off.
Start that conversation today.
Talk to your family about guardianship and set up the right legal plans.
Your family's future security is on the line.
Post a Comment