Welcoming a new little one is an exciting and exhausting time. So many things to do and buy in advance, and then, once the wee one arrives, your life feels like it has been turned upside down. The focus is 100% on caring for and protecting your baby. Sadly, one thing I have observed over my many years as an estate planning attorney is that too many “great” parents fail, and fail epically, when it comes to protecting their baby if something happens to them. It is the unthinkable, but we have all seen news reports where a tragic auto accident takes the life of both young parents, perhaps just out for a date night. What about the baby at home asleep in the nursery? Who will care for them? If those parents didn’t make legal arrangements to name a guardian, well, bad things can happen. The following are just 4 of them:
- A judge may have to decide who raises your child.
If you haven’t legally nominated a guardian, the court may need to determine who should care for your little one. The person you would have chosen may not automatically be appointed. Let that sink in. It could mean someone you don’t even like could end up raising your kid.
- Your child could temporarily be placed with someone else.
If the court gets involved, significant delays can happen if family members disagree about what’s best. Meanwhile, your baby needs temporary care by someone while the legal process unfolds.
- If family members disagree about what is best.
Without your wishes clearly and legally documented, it could become a real family circus as grandparents, siblings, aunts, uncles, or other relatives express their opinions about who should raise your child. That leads to delays and your child possibly being placed with the one relative you most definitely would not have chosen.
- Emotional harm.
If your baby is older, maybe a toddler, your death will already be a major change in their lives. If you have already appointed a guardian, that individual can step in quickly to provide the stability your child will need during this emotional time. Without that appointment, your child might end up being cared for by a revolving door of well-meaning people who could cause even more emotional harm to your child in the long run.
Why risk it? A properly prepared estate plan can document your wishes and provide guidance for your child’s care. Ask yourself this question: If something happened to me (or both of us) tomorrow, who would we want raising our kids—and would the court know that?
If you have not yet appointed a guardian for your child, I encourage you to do so. Please call me so we can make sure you’ve protected your child, even if you’re no longer around to do it yourself. Call me at 513-399-7526 to set up a meeting. Or visit my website, www.davidlefton.com, for more information. You can also schedule a meeting through the website.