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Although it's a subject that we are all afraid to face, making it easy to put off, ignore, or deny, the plans you make for your children in case of an emergancy or death can make a huge difference in their futures. Take the time to create a plan and finalize it in writing with a lawyer, and you might just get a little extra peace of mind in the process.
Protecting Your Children in the Wake of Tragedy
-- by Willem Gravett
Implementing a plan to protect minor children in the wake of tragedy should be the foundation of every family's estate planning.
69% of parents have not named guardians for their children, and of the 31% who have, most have made at least one mistake that will delay or prevent their intentions from being implemented.
Parents can take simple steps to make sure their children are always cared for by the people they want in the way they want:
1. Choose and document "first responders" (friends or family who live locally) to immediately go to your children and care for them in the event that their permanent guardians are not reachable or live some distance away. Otherwise, your children may have to be placed in the care of Child Protective Services until their permanent guardians can be contacted.
2. Choose and document multiple long-term guardians for your children, in order of preference. Parents often appoint a couple as guardians, ignoring the possibility that the couple may divorce or one may pass away, thus voiding the terms of the appointment.
3. Do not simply appoint guardians for your children in your Will. If you are incapacitated, but alive, a Will has no legal effect. Document your guardianship choices in a separate Kids Protection Plan.
4. Create a confidential document listing those relatives whom you do not want to serve as guardians of your children, and state the reasons why. If your desires are not legally documented and explicitly detailed, the decision will be up to the court.
5. Provide detailed instructions to your designated guardians about your parenting philosophy, values, and the environment in which you want your children to be raised. Death or incapacity should not prevent parents from playing an active role in their children's lives.
Willem H. Gravett is a Personal Family Lawyer® at Gravett & Gravett, a husband-and-wife boutique law firm focusing on the legal needs of families. Gravett & Gravett has offices in both Mount Kisco and White Plains. Willem can be reached at 914.358.0036 or www.nyfamilywealth.com. | 
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