Kids Protection Planning:
Safeguard Your Children's Future
If you are a parent of minor children, your estate plan must begin with a Kids Protection Plan by which you ensure your children will always be taken care of by the people you want, in the way you want, no matter what.
What is Kids Protection Planning?
Kids protection planning is a specialized area of estate planning that focuses on protecting your children's future in the event of your unexpected passing. It involves creating a comprehensive plan that outlines who will take care of your children, how your assets will be managed for their benefit, and how their education and upbringing will be handled.
Without proper planning, if the unthinkable happens to you, then the unthinkable could happen to your children too.
Your children could be placed into child protective services even if you have a Will in place, and they could be left in the care of the one person in your family you would never want raising them. A probate judge who does not know you or your children, will decide who will raise them.
To boot, a court process can tie up the assets used to support your children for months or years and deprive your kids of the resources they need to live comfortably, and then when your kids turn 18, they get a check for whatever is left – outright with no protection and with no adult guiding them. (And there are unscrupulous people who make it their business to review public records to find out what 18 year olds are coming into money.)
The vast majority of estate planning attorneys simply do not address these issues and do not plan from a parent’s perspective.
"Your children could be placed into child protective services even if you have a Will in place"
This is why we offer a Kids Protection Plan with every estate plan package we prepare for families with young children.
A Kids Protection Plan is a comprehensive set of instructions, legal documents, and ID card for your wallet so that you have what you need at any moment, in case you have kids at home who count on you for their well-being and care.
If you are in an accident or if anything else happens, your Kids Protection Plan will ensure your children are raised by people you choose, not someone chosen by a probate judge who does not know you or your children.
What is in a Kids Protection Plan?
We help you to create a personalized Kids Protection Plan that includes elements of all of the following, depending on what is best for you and your children. We have thoughtfully packaged what we do into customizable options for you and your family, and all of our fees are flat-rate and agreed to in advance so there are no surprises.
Nomination of Preneed Guardian
The nomination of a guardian is put in place to safeguard your wishes for your minor child(ren) who will act on your behalf if you become incapacitated. This is a stand-alone document and should be mirrored in your Last Will & Testament.
Temporary Guardian Nomination
This document authorizes designated individuals to temporarily take custody of your children until the permanent guardian arrives for the purpose of prevening your children from being taken into protective custody. The temporary guardians should be trusted by family or friends who live nearby and can get to your children quickly in case of an emergency.
Confidential Exclusion of Guardian
The Confidential Exclusion of Guardian document notifies a court that there are specified individuals that you do not want to raise your child(ren). It should be kept confidential and used in the event of your death if that person (or persons) petition the court for custody.
Medical Power of Attorney for Minor Child
The Medical Power of Attorney (or Healthcare Power of Attorney) authorizes an agent to make medical decisions if you cannot express your wishes or make the decisions yourself. It also authorizes the agent to obtain copies of medical records.
Letter to Temporary Guardian
A letter is sent to inform the person(s) that you have appointed them as temporary guardians so that they can act quickly on behalf of your children if there is ever an emergency.
Instructions to the Caregivers of Your Minor Children
The instructions to guardians informs the chosen guardians how you would like your children raised if you are no longer able to. It includes guidelines for education, financial lessons, discipline, etc.
Important Health Information
This document provides essential healthcare information for the minor children, including details such as doctor's information, allergies, and parents' contact information.
KPP Emergency ID Cards
These cards inform authorities that you have minor children at home, and instructs them who to call in an emergency. The names listed on the cards should be your chosen temporary guardians.
Frequently Asked Questions About Kids Protection Planning
A Last Will does what a Kids Protection Plan does, right?
No, a Last Will is limited in how it can protect your children. First, a Last Will is effective only once you pass away and once the document is filed with and accepted by the probate court, but you may have a need long before the moment you pass away to have a guardian for your children. Second, appointing who would raise your children is one thing, while appointing short-term temporary guardians in case of a short-lived emergency is another thing. Your Kids Protection Plan will leave no stone uncovered or contingency unplanned for. You name both short-term and long-term guardians and ensure that everyone you trust has exactly the information they need on-hand at any moment to care for your children.
Do I need an Attorney?
In the world of kids protection planning, the best outcome for you and your children will be achieved only by working with a lawyer who encounters kids protection planning situations daily. You are here in this world to raise your children the best way you know how, but unfortunately, some families collapse after the death of a parent because they either did no planning at all, or if they did, it was through an online platform that knew nothing about the most comprehensive way to protect children. We encourage a lifelong relationship between you and your estate planning attorney so that you have a lawyer for life to be there for your children when you cannot be.
What is a Kids Protection Plan vs. an Estate Plan?
Think of a Kids Protection Plan as one piece (a very important piece) of your overall estate plan, and an estate plan is not simply a Last Will, as many believe. For parents with minor children, you need both the traditional estate plan that every adult needs as well as a Kids Protection Plan that every parent of minor children needs.
How much does it cost?
We offer a Kids Protection Plan complementary with every estate plan package we prepare for parents with young children.
- Two Free Resources -
GET THE CRUCIAL INFORMATION ABOUT HOW TO PROTECT YOUR Loved Ones in the book WEAR CLEAN UNDERWEAR.
You will learn how to choose the best guardian for your children, the nine steps to ensure your children will be raised with your parenting style, how to sleep well at night knowing your children will not be taken into the care of child protective services, and how to avoid the six common planning mistakes as parents of minor children make. This best-selling book is delivered to your email as a pdf, so you can refer to it whenever you have a question.
5 Steps to Create Your Own Estate Plan (for Free)
If you are not worried about probate and you are confident that there will not be conflict amongst your friends, family or other loved ones if you become incapacitated or when you die - you may be able to DIY your own plan. In this e-book, we've provided resources on DIYing your own plan.
Give your children the protection they deserve. Contact Joiner Law Firm today and schedule an appointment to learn more.