Tag: Kids Protection Plan

10 Guardian Mistakes That Could Put Your Kids at Risk (And How to Do It Right)

Post author By Sara Thomas
Post date May 8, 2025
No Comments on 10 Guardian Mistakes That Could Put Your Kids at Risk (And How to Do It Right)

Imagine this: something unexpected happens, and you’re suddenly unable to care for your children. It’s a parent’s worst nightmare. In this situation, you would want to know that your children will be loved, cared for, and raised according to the values you hold dear. But have you taken the proper legal steps to ensure that happens?

Many parents mistakenly believe that simply naming guardians in their will is enough to protect their children. Unfortunately, this isn’t always the case. There are common mistakes that can lead to legal battles, family conflicts, and even put your kids’ well-being at risk. What if something happened to you tomorrow? Would your children end up in the care of strangers, even temporarily, because you didn’t have a plan in place for their immediate care?

Don’t let that happen. By working with our firm, you can avoid these pitfalls and create a rock-solid guardianship plan that provides true peace of mind, knowing that, no matter what, your children will always be raised by the people you love most.

The 10 Common Mistakes Parents Make When Choosing Guardians

1) Thinking a Will is Enough

A will is essential, but it only takes effect after you’re gone. It doesn’t cover situations like sudden illness or incapacity. You need separate guardianship documents specifically designed to address these “what if” scenarios *while you’re still living*.

2) Planning Only for the Long-Term

If something were to happen to you today, who would take care of your kids *right now*? Don’t just plan for the long haul – you also need to designate short-term guardians to prevent your children from being placed with strangers, even temporarily, while the authorities sort things out.

3) Not Naming a Guardian at All

This may seem unthinkable, but it does happen. If you don’t formally name a guardian, you’re leaving one of the most important decisions of your life up to the courts. This could mean your children end up with someone you wouldn’t have chosen.

4) Overlooking Backup Guardians

Life is unpredictable. Your first-choice guardians may not always be available or able to step in when needed. Always name multiple backup guardians to ensure a safety net in case your primary choice is unable to serve.

5) Choosing Guardians Based on Financial Ability Alone

Money matters, but it shouldn’t be the *only* factor when choosing who will raise your children. Your children’s well-being depends on being raised in a loving and supportive environment that aligns with your values. Consider factors like location, lifestyle, parenting philosophies, and the overall compatibility of your chosen guardians with your family.

And remember, you can always choose a separate financial guardian, or appoint a Trustee of a Trust, to specifically manage any money you leave behind for your children – this can be a separate role from their daily care.

6) Assuming Godparents are Legal Guardians

Many people use the terms “godparent” and “legal guardian” interchangeably, but they aren’t the same. Verbal agreements or informal designations hold no legal weight. To make your wishes legally binding, you need formal guardianship documents prepared by an experienced professional.

7) Not Thinking Beyond Guardianship

Guardianship isn’t just about who will raise your kids – it’s also about who will make important financial and healthcare decisions on their behalf. You will need powers of attorney and other legal tools to ensure these matters are handled according to your wishes.

8) Failing to Communicate Your Wishes

Don’t leave anything to chance. Clearly document your values, parenting preferences, and any specific instructions you would like your guardians to follow. This guidance will provide invaluable support as they navigate the challenges of raising your children.

9) Not Reviewing and Updating Your Plan

Life is constantly evolving. Your family dynamics change, your children grow, and laws are updated. It is vital to review and update your guardianship plan regularly to ensure it still accurately reflects your current circumstances and wishes.

10) Naming a Couple Without a Contingency Plan

Relationships evolve. Sadly, even the most solid couples can face unexpected challenges, such as divorce or separation. It’s vital to think about what would happen to your children if your chosen guardians were to split up. Would one person become the sole guardian? Would they share custody? Outlining these details now can prevent future conflict and heartache.

There’s a Better Way: Create a Kids Protection Plan

A Kids Protection Plan® provides comprehensive protection for your children, so you never make one of the ten mistakes and put your children at risk of being raised by someone you’d never want to raise them (or worse, ending up in the foster care system). Unlike a traditional estate plan that simply names guardians, a Kids Protection Plan creates a complete safety net that addresses both immediate and long-term care needs.

Every Kids Protection Plan I create with clients includes legal documents that ensure your children won’t be placed in the care of strangers or the foster care system, even temporarily. It provides detailed instructions for emergency responders and caregivers, identifies temporary guardians who can step in immediately, and includes medical powers of attorney. Hence, your children receive proper healthcare in your absence. Perhaps most importantly, it creates a roadmap of your values, hopes, and dreams for your children’s upbringing. With a Kids Protection Plan, you’re not just naming someone to take your place – you’re providing them with the guidance and legal authority they need to raise your children exactly as you would want.

Ready to Protect Your Kids?

Your children are your most precious asset. Don’t leave their future to chance or riddled with loopholes. With a Kids Protection Plan created by my firm, you can rest assured knowing that your children will always be in the most capable and loving hands, no matter what life throws your way.

Ready to take control and build that plan? Schedule a free 15-minute call with me today. I’ll answer your questions, address your concerns, and help you take the first step toward securing your children’s future.

This article is a service of August Law, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Life & Legacy Planning™ Session, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love.

The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.

Tags Estate Plan, Guardian, Kids Protection Plan, Personal Family Lawyer, Power of Attorney, Temporary Guardian, Trust, Will

Estate Planning

Planning a Trip? Protect Your Children with a Kids Protection PlanⓇ

Post author By Sara Thomas
Post date March 26, 2025
No Comments on Planning a Trip? Protect Your Children with a Kids Protection PlanⓇ

As summer approaches, you’re likely focused on planning the perfect getaway with your children—booking flights, reserving hotels, and mapping out exciting activities. However, one crucial aspect of travel planning often gets overlooked: ensuring your children’s safety and care if something unexpected happens to you during your trip. While no one wants to think about emergencies during vacation, having proper protection lets you truly relax and enjoy making memories together.

Let’s explore why having a Kids Protection Plan^Ⓡ (“KPP”) in place before traveling is essential and what steps you can take to protect your children. Please note: most lawyers, even at the top estate planning firms, often make at least one of 6 common mistakes the KPP is designed to address when naming legal guardians for children in an estate plan.

The Hidden Risks of Traveling Without Protection

When you’re caught up in vacation planning excitement, it’s easy to focus only on the fun ahead. However, traveling presents unique risks and scenarios you need to consider. If you become incapacitated in a car accident or experience any other emergency while away from home, what would happen to your children in those critical first hours or days? Without proper legal documentation, your children could be temporarily taken into the care of strangers or social services until the proper authorities can determine who has the legal authority to care for them.

This becomes even more complicated when traveling internationally. Different countries have varying laws about child custody and care in emergencies. Without clear legal documentation designating temporary guardians, your children could face significant trauma while authorities work through bureaucratic processes to determine their care. Even domestic travel can present challenges if you’re incapacitated in another state, as local authorities may not immediately recognize out-of-state guardianship arrangements without proper documentation.

Essential Components of Protection While Traveling

A comprehensive KPP, which we create for you as part of the Life & Legacy Planning^Ⓡ process, provides crucial legal documentation and instructions that activate immediately if something happens to you. This includes the designation of temporary guardians who can care for your children until your long-term guardians arrive, as well as detailed information about your children’s medical needs, allergies, medications, and daily routines.

When you work with us to create a KPP, we include several key components that many parents overlook. First, you’ll receive ID cards that list emergency contacts that can care for your children in your absence. Second, we’ll create a medical power of attorney forms that allow designated caregivers to authorize treatment for your kids if they need medical care if needed. Third, your KPP will include temporary guardianship documentation so your kids are never taken into the care of strangers while the authorities locate the long-term guardians for your children. Finally, if there is anyone you would never want raising your children, we document that (confidentially), too.

Beyond these basics, your KPP should include detailed information about your children’s daily lives—their favorite foods, bedtime routines, fears or anxieties, and comfort items. This helps caregivers maintain normalcy during a stressful situation. You can also include passwords for electronic devices, social media accounts, and educational platforms your children might need to access.

Take Action Before You Travel

Before heading off on your summer adventures, schedule time with me; we will help you consider all the potential issues that could arise so that you can make the best decisions for yourself and your kids. We’ll start by carefully selecting local and long-distance temporary guardians who can respond quickly in an emergency, considering factors like their proximity to your vacation destination, ability to travel on short notice, and familiarity with your children’s needs.

Then, we’ll help you create an emergency response plan that outlines what should happen in various scenarios. This plan should include who should be contacted first, in what order, and what immediate actions they should take.

Importantly, your plan should be easily accessible to designated guardians and include clear instructions for first responders or authorities who need to refer to it in an emergency. We will help you with this by ensuring you have access to the documents you need and that your chosen guardians know precisely how to access the information and documents they need. We will also support them in an emergency so they know exactly what to do.

Making these arrangements isn’t about dwelling on worst-case scenarios—it’s about creating peace of mind so you can fully enjoy your vacation. Proper protection allows you to create wonderful memories with your children instead of worrying about “what-if” scenarios. Think of it as travel insurance for your children’s well-being—something you hope you’ll never need but will be incredibly grateful to have if an emergency arises.

Your Next Steps for Peace of Mind

We support you in creating a comprehensive Life & Legacy Plan that includes a Kids Protection Plan so your children are always protected, no matter where your travels take you. Take the first step today by booking a Life & Legacy Planning Session, where you’ll get educated on what will happen if you become incapacitated and when you die so you can make the very best decisions for your loved ones. From that place of empowerment, we’ll work together to create your comprehensive Life & Legacy Plan that gives you peace of mind, knowing you’ve done all you can for the people you love most. Contact us today to get started.

Tags Estate Planning, Guardianship, Incapacity Planning, Kids Protection Plan, Travel

Estate Planning

Your Kids Might Not Automatically Be Cared For Unless You Do This

Post author By Sara Thomas
Post date February 29, 2024
No Comments on Your Kids Might Not Automatically Be Cared For Unless You Do This

As parents, we’re hardwired to prioritize our children’s well-being above all else. We work tirelessly to provide for them, nurture them, and ensure they have every opportunity to thrive. Yet, amidst the hustle and bustle of daily life, it’s easy to overlook a crucial aspect of their future: what happens to them if we’re no longer here to care for them?

It’s a sobering thought, but one that deserves your attention. You may assume that in the event of your untimely passing, your children will automatically be cared for and inherit your assets. However, the reality is far more complex and potentially unsettling.

Let’s unpack why relying on these assumptions could leave your children’s future in uncertain hands.

The Myth of Automatic Care

Yes, it’s true that your children will inherit your assets upon your passing. However, without advance planning, the management of those assets will fall into the hands of a court-appointed trustee. This is an expensive proposition for the people you love most, and worse, the trustee may not necessarily align with your values or financial philosophy, leaving your hard-earned assets vulnerable to mismanagement.

On top of that, and maybe worst of all, under current laws, once your child reaches the age of 18, they gain unfettered access to their inheritance. While you may have envisioned these assets providing a foundation for their future endeavors, the reality is that many 18-year-olds lack the financial maturity to handle such responsibility. From impulsive spending to falling prey to financial scams, the risks are significant.

The Importance of a Kids Protection Plan®

So, what’s the solution? Enter the Kids Protection Plan—a comprehensive legal planning system designed to safeguard your children’s well-being and financial future in the event of your incapacity or passing.

While the decision of who will assume care for your children will always need to be approved by the court, a Kids Protection Plan allows you to nominate trusted guardians and ensures that the court knows who you trusted and chose to care your children, rather than leaving their fate to the discretion of a judge who may lack intimate knowledge of your family dynamics.

Moreover, a complete Kids Protection Plan goes beyond short-term and long-term guardianship appointments. It includes a detailed roadmap for the management of your assets on behalf of your children, specifying how funds should be allocated for their upbringing, education, and other needs. By setting clear guidelines, you mitigate the risk of financial mismanagement and ensure that your children’s inheritance serves its intended purpose: supporting their growth and development.

Leave Behind Detailed Instructions

Naming legal guardians is just the first step. Your Kids Protection Plan won’t do much good if the people named in it aren’t aware of your plan or your wishes. You want to make sure your children’s guardians know your desires for their upbringing. Some things to include might be:

Faith and religious practices
Philosophy on education and where you’d want them to go to school
Activities you’d want your children involved in
Nutrition, medical care, or any other health considerations

One of the benefits of working with our firm is that I make sure that everyone named in your plan is informed of what to do if the unthinkable happens to you. And, if you are working with me, I’ll be there to guide them each step of the way.

Planning for the Future

We understand the gravity of planning for your children’s future. That’s why we consider your family dynamics, and your assets, and then help you choose the right planning package and fees to safeguard and protect what matters to you most.

Whether you’re a new parent or revisiting your estate plan, our team is here to provide the guidance and expertise you need to secure your family’s future for generations to come. Schedule a complimentary 15-minute call to learn more about our unique Life & Legacy Planning process. During your complimentary 15-minute call, we’ll explore your current arrangements and identify any gaps that may leave your children vulnerable.

Don’t leave your children’s future to chance. Take the first step toward peace of mind and lasting security. After all, your children deserve nothing less than the assurance that they’ll be cared for and cherished, no matter what the future holds.

Tags Automatic Care, Emergency Family Planning, Kids Protection Plan

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