What A New College Student Can Teach Us About Family Protection Planning

What A New College Student Can Teach Us About Family Planning

 

Your baby is now 18 years old and is on their way to college as a freshman this coming fall!  That happened fast…In fact, it may have happened so fast that you didn’t realize that while they may be your baby still, they are full grown adults in the eyes of the law.  

In the eyes of the law, if your adult child has a medical emergency, you have few guaranteed rights to help them, and in fact – you may not have any legal authority to do so.  

You can start to imagine how not being able to get an idea of the medical issues arising from a car accident, falling down the stairs, even an accidental injury getting out of bed might cause un-imaginable stress for you, your child, and the rest of the family!  

A little bit of family protection planning can help you, your child, and your family plan for these types of events.  

 

 

Have You Heard of HIPAA?

HIPAA not HIPPO – Know the Difference! 🙂

HIPAA is the Health Insurance Portability and Accountability Act.  (here’s more about HIPAA).  This law protects patient privacy and you may find that even if your adult child is still insured under your health plan coverage, it is up to a medical provider to decide to disclose medical information.  They don’t hold back for spite, of course, they are required to only disclose information if in their professional opinion it serves the best interest of the patient.

 

 

How a Lack of Family Protection Planning Can Affect You!

 

Imagine your daughter or son is away for college and experiences a medical emergency.  They’re still only 18 or 19 and although this is quickly changing, in many ways you are still the primary adult influence in their lives.

In the midst of your adult child’s medical emergency, they are unable to provide authorization to have you get pertinent details of the situation, talk to the doctor, and potentially make very important decisions.  You are now as much in the dark on the whole situation as a stranger, but of course, you’re not a stranger.  Your his or her parent!

This isn’t just a cautionary tale either…  This happens every day.

So, how can you prevent this?!

 


Contact a Lawyer to Protect Your Family Today!

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Prepare a HIPAA authorization

This is a detailed document that enables you to use obtain protected health information.  The use case(s) and extent of information that you are allowed to see can be spelled out in this HIPAA authorization as well.   This means that if your son or daughter didn’t want certain health information disclosed (sex, behavioral health records, drugs, etc) but still wanted you to be able to obtain and help make decisions in the case of something more substantial, you’d be able to do so.

 

Prepare a Medical Power of Attorney, or Equivalent

This is a document that goes by different names or is sometimes wrapped up into a HIPAA authorization or medical Power of Attorney, depending on where you live.   With the consultation of a good estate and family planning attorney, you’ll be able to decide how best to approach this.  But the point is, that you need a document that will enable you to act as an “agent,” allowing you to make medical decisions on behalf of your child if they are unable to make those decisions them-self.

Where the HIPAA authorization allows you to gain the necessary information to handle a medical emergency, the Power of Attorney enables you to make decisions based on that information – if necessary.

 

Consider a Durable Power of Attorney

In the same way that a medical power of attorney gives someone the authority to make medical decisions for another person, a durable power of attorney enables them to take care of other business.  Remember what it was like before your child turned 18, you had to sign permission slips, in fact you signed all legal documents on their behalf.  This is like that in the manner that you’d be able to do the same on their behalf.  There’s obviously a distinction though, they are adults now – so this is something you will want to discuss with them.

 

 

Talk to Your Children About Family Protection Planning

 

Before doing any of this, you should probably have a good conversation with your child.  This isn’t about control, or fear, it’s about planning for the future and trust.  For this reason, you should also consider if you need this for yourself.  If you don’t already have a plan set up for yourself, it may be easier to approach these conversations as a mutual protection planning process.  You would be protecting yourself too.  In the event of a medical emergency causing you to become incapacitated, your children can help you as well.  And best of all, by doing this, you are demonstrating to them, through personal & parental leadership, the value you place in long-term family protection planning.

 

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How Do I Appoint a Guardian For My Child If I Die?

How Do I Appoint a Guardian For My Child If I Die?

Who Would Raise Your Children If Something Happened to You?

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Randi L. Johnson, Lilac City Law, Estate Planning, Social Security Disability, VA Disability

By Randi L. Johnson

How Do I Appoint a Guardian for My Child If I Die?

 

Honestly, no one wants to think about this question. It’s a tacit reminder that we are indeed mortal and, in some cases, we may leave this world before we are ready.  What are our plans if this were to happen?  Putting your assets in a trust, or last desires into a Will – helps to make sure your financial holdings are passed on to whomever you want them to go.  However, if you don’t create a care plan, or declare a guardian for your children the courts may decide who cares for your children if you die.

Are you comfortable with a stranger making this decision?

 

A Stranger Might Raise Your Children

“My greatest fear, someone I don’t know raising my child… What if something happens to me, who is going to take care of my child?”

This sentiment is a visceral fear that most parents have at some point.  And for a good reason; when we raise our children, we are trying to put the best of ourselves into them.  That means our world view, and our lessons learned, even our religion or philosophy for life.  In short, we are trying to instill our values and love.  But not everyone has those same values, do they?

Before we get into how to go about setting up a Guardianship Plan, this is something to consider…Who should you appoint as a guardian for your children in the event of untimely death?

 

Who Should Raise Your Children if You Die?

Establishing the Guardianship Plan (Kids Protection Plan) is the last step in the process of protecting your kiddos.  Before you even get that far, you should first be thinking very seriously about who can provide a lifestyle for your family that you’d be ok with raising your family. 

Often this is a sibling, parent, or maybe even an adult child.  However, it’s not uncommon to consider someone who isn’t directly related. Your internal family dynamics aren’t on trial; it’s a very personal consideration and decision you are making in the best interest of your family. Don’t unduly narrow the scope of consideration; this is a choice you are preparing for everyone’s best interest.

Here are some basic requirements and some other things to think about:

 

Your children’s guardian must be:

  • At least 18 (in most cases)
  • Able to fulfill their duties as a guardian
  • Able to financially provide for your children

 

Your children’s guardian should be:

  • Of similar outlook to you and your partner
  • Knowledgeable of your goals as a family and parent(s)
  • Capable of providing emotional support for your children
  • Stable (family wise, financially, etc.)
  • Someone that you’re comfortable having around your children.
  • Aware that they are being asked to be appointed as a guardian

 

 

How to Appoint a Guardian For Your Children

If you know who you want to take care of your children, the process for establishing a guardian involves declaring your desires in such a way that it will stand up to scrutiny by a judge if necessary. That’s a wordy way to say that just because you have a wish for a guardian, it doesn’t mean your preferences cannot, or will not, get challenged.  This potential hurdle is why so much consideration should go into your decision of who to appoint as a guardian.

A verbal agreement, for instance, is quickly challenged and will not instruct a judge what your wishes are. They may consider it, but without proof, your children will be relying on a judge’s discretion.  In this case, a judge well-meaning meaning but does not know you and will only know you through what information you leave behind if any. Frankly, there are too many unknowns here for me or most moms to feel comfortable knowing things will, “turn out ok!”

Better than a verbal agreement, a quickly drafted written agreement provides at least some potential protection.  In this sense, an informal written agreement certainly is better than a verbal agreement, but it can still be easily challenged.  When looking for how to prepare documents to stand up to future challenges, we always advise putting them together in such a way that it answers all the questions a judge would have about your wishes. That’s why when we prepare guardianship plans, we put all these wishes, desires, values, and more into a well prepared, and notarized, Last Will and Testament.

Placing your guardianship plan in your Last Will means a couple of things.  First, because you probably had an attorney’s input on the structuring of the guardianship plan, it will be structured to be clear enough to avoid being challenged.  Second, it automatically becomes part of the probate process, for which your family will likely have an attorney helping them through.  If the plan is part of your Will, the attorney will be working to make sure your wishes are carried out according to what you have drafted.

 

Alternatives to Placing Your Guardianship Plan in a Will or Estate Plan?

It is possible to create a Guardianship Plan and not have it be part of your Will. Here’s a free and easy way for you to do it right now.<- This will get you set up with the basics of a Kids Protection (and Guardianship) Plan. You’ll still want to consider having an attorney involved in this process, even if you can use that link to start laying out your desires without one.  The benefits, as described before, are that with an attorney’s assistance you’ll be creating a plan that will stand up to the scrutiny the law requires a judge to pay to your desires and the well-being of your children.

 

What Happens to My Family If I Die?

Strictly speaking, death isn’t the only way a Guardianship Plan might become necessary.  A Guardianship Plan might be essential if you (and your partner) become incapacitated in some manner too. This potentiality in and of itself describes why you might want to make this more of a protection plan than something you place in your Will and forget.  If you haven’t died, but need to appoint a guardian, you likely still want the plan to support your desires!

Back to the point, what happens if you die?  The processes are determined by the state you live within, but generally speaking, a guardian will be required to establish the ability to provide for your children. This procedure occurs in a court setting. Here’s a great list of requirements and resources for more information, by state.  Of course, if you have questions about this, you can always respond in the comments below too, or send us a question/messagehere.

 

Have you Been Through this Process as a Child or as a Guardian?

We’d love to put together a list of tips or lessons learned from the perspective of a child having gone through this, or from the perspective of a guardian having adopted the children of deceased parents.  Please feel free to reach out to us so we can help parents better understand how this process works.  You can contact us hereor connect with us on Facebook.

 

I’m Ready to Protect My Family if I Die, What Do I Need to Do?

Reach out to us via the contact form below, or simply call our office. Our team will reach out to you and send you all the information you need.  We are here to help you protect your family.  It’s our mission and our passion to support you and your family. 

 

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Lilac City Law is an incredible firm! I had the pleasure of working with the amazing team at Lilac City Law for nearly 2 years. Their team is absolutely remarkable! They are extremely knowledgeable, helpful, and overall compassionate when it comes to working with their clients. I sought their assistance nearly 2 years ago and have continued to work with them. I had a great deal of interaction with more than just one member of the Lilac City Law team and therefore can attest to the fact that this group of individuals is absolutely unparalleled. Attorney, Randi Johnson, is an exceptionally skilled lawyer as well as an overall remarkable woman! Her support staff is incredible as well, including Cassandra, Pam, Marissa, David, etc. with all of them by your side you have been blessed and are going to receive the best results possible. I would absolutely recommend seeking assistance from this law firm, as they have the ability to change lives; they definitely did mine. Thank you all so, so much!
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My husband and I worked with Randi and her team to complete our last will and testament, advanced directive, and health care proxy in the summer of 2018. Randi, and her team, as well as David Morris, were exceptionally kind, very professional, and thorough. We had several meetings to go through the important stuff - the financial info, heirlooms, and disposition of my husband's motorcycle. At each meeting, Randi and her team listened to our intentions and concerns. At the signing ceremony, we got a huge binder with our info and a data stick for safekeeping. Included in our will is a review which will take place every other year. We also got a document which states who can take our children to give our babysitter in case something bad happens to us when we were out. I'm very satisfied with Lilac City Law, and their work. I would recommend them without qualification to anyone.
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Parents are so intentional about so many aspects of their children's lives. Few will forgo putting together a will. But, what if you don't die? What if you are just incapacitated? Are you prepared for the unexpected? Are you leaving your children at risk? If someone else does raise them, do you know that they will be raised according to your wishes? Have you even thought through what your wishes are? All these questions and more will be covered in the process of completing a Family Protection Plan with Randi Johnson at Lilac City Law. Having our Family Protection Plan in place gives me an incredible sense of comfort and peace of mind. I highly recommend Randi and the staff at Lilac City Law. Hopefully you never need her services, but isn't it better to be prepared than to leave things to chance?
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Is a Military Will Enough Protection for my Family?   

Is your existing family protection plan enough to still protect your family?

 


One of the benefits of serving in the United States Military is that you have access to free legal help for things like: Powers of Attorney, Wills & Living Wills, Family care & Protection Plan, Survivor benefits, Estate taxes, Probate.

 However, there are some very important limitations to these supports that you should be aware of if you’re still serving and your family, wealth, or assets have grown.  Or, if you’ve discharged from military service.  


 

Limitations to Military Wills & Other Legal Benefits 

These great military benefits are best for less complicated situations.  Consider how you met with your military lawyer and setup your will, trust, or family care plan.  How many times did you meet with them?  Did they get to know your family’s names?  Did they personalize documents for you and make sure they would stand up to scrutiny in different jurisdictions?  If you’re like most service members, the answer to one or all of these questions is no.

 

“Typical” Situations

The typical situation is that service members push through legal en-masse either in preparation for deployment or event.  Or they go to legal as yet another step in a check-in or check-out process.  The pace that military lawyers are forced to work at times means that customization of family care plans, kids protection plans, estate plans, and others is very difficult.  Because of this many service members receive basic templates that offer very little customization for their unique family situation.   Not all service members have the same situations though, and that’s the issue we’re getting at.

 

The Most Common Objection

“I already had mine setup while in the military.”  This is the most common response we hear when talking about wills, trusts, kids protection plans, and similar support with service members and Veterans.  We wrote the article, Why you Need to Update your Estate Plan after these Life Events, to show why and how seven common life events change the effectiveness of your current family legal plans.

Whether we’re talking about a plan setup in the military or one created a couple of years ago when your life may have been less complex, if you haven’t updated it, it may not even apply to your life and assets anymore.

 

Three Things You Can Do Today

  1. If you put together any of these plans in the past and your life has changed in any of these ways, we want to help.  You can find out more about how we help families like yours to establish and update their plans here.
  2. You can create a free, fast, and easy Kids Protection Plan.  If you decide later to create a more in-depth plan we can also help you with that.
  3. Follow us on Facebook.  We share new and important information on family planning all the time.

 

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The Challenges of Creating a Guardian Plan for Children


Inspired by an Article in Mom.Me

“Why I Still Don’t Have a Guardian for My Child” 


Sometimes you come across something that another person writes that stops you and makes you say, “yes! This is what I’ve been trying to say.”  An article written in Mom.Me (link above) recently highlighted, clearly, the work we’ve been doing here at Lilac City Law to help families create a guardian plan.  We felt an article like this really must be shared.

In the article the author tells a couple stories.  The first is of the chaos and support she received when her father died.  And the realization she had that his passing without a will, guardian plan, or wealth plan created challenges and even a bit of resentment among his survivors.   <- Figuring out what you can, should, and are able to do with the assets of someone is far more challenging and stressful when they are not around to give their intent; especially, absent a will or Guardian Plan.

She Learned a Lesson but Never Followed Through

The author swore not to put her kids in the same situation.  Eleven years passed between the author’s recognition of the need for a will and guardian plan, yet, she never did complete these.  This is the part of the article that hits home.  And it echoes why Lilac City Law started providing family wealth and kids protection planning.  If you missed it, here’s my story too.

In the article the author reaches out to friends to find out their take on why they knowingly avoided the issue of creating a guardian plan for their child(ren).

The Author is Not Alone

The author’s friends shared with her reasons including:

  • Dysfunctional family and relatives / next of kin
  • Fear of telling family
  • Worry about family resisting desires of various plans
  • Finding guardians who share faith and values
  • Desiring guardians who may not be family
  • The awkwardness of approaching potential guardians
  • Compassion and concern for the feelings of potential guardians
  • Skepticism that a potential guardian would be able to take on that role

Creating a Guardian Plan is Kinda Scary

There are a lot of reasons that can hold you up in creating a guardian plan or will.  Of course there are the common concerns cited by the author and her friends above.  In addition to these, there’s easily dozens more reasons why you’d delay (until it’s too late) creating one of these plans.   Waiting is not a good plan, but neither is doing it half-heartedly.  If you’re going to create a plan create it right.

Creating a guardian plan takes courage.  Courage to realize that at some point everyone passes.  And for many, even more courage to be able to lay things out for your family in ways they may not agree with.  A good guardian plan or will is your way to say, for my family (and assets), these are my wishes.

See the video below to preview what a good guardian plan, estate plan, or will looks like.


There’s a difference between a do it yourself plan (DIY) and working with a dedicated professional. 


 

Lilac City Law Works with Families to Develop 

Estate Plans, Incapacity Plans, Wills, and Kids Protection Plans 

 

The article referenced and the stories cited in this blog post were written by Sarah Tucker, and published on mom.me on Oct 19, 2016

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Create a Plan to Protect Your Children


Family is important to Lilac City Law.  We have dedicated a big part of our business to supporting families in all phases of life. From Kids Protection Plans to disability and long term support advocacy.  The one thing we know that always makes things easier, is the value of creating a plan.  

Remember When..

Think about it like this.  You are a parent, when you had your first child you went through a process.  You discovered you were pregnant and probably saw a doctor.  Then you started to get information about your child’s development.  After a couple months you realized there was going to be a whole process you needed to have a plan figured out for the actual child birth event.

Building a Plan

Were you going to give birth to your child at home, in a tub, or in a hospital?  Did you want a midwife, doctor, or someone else to deliver your child?  Did you plan to go to parenting and birth classes?  You probably spent a great deal of time thinking about all these things and more!  And this was for the birth of your child.  No doubt you had a small bit of anxiety about what happened next..

Childcare, work-life balance, school, doctors appointments, sports, sick kids, changing, immunizations.  All decisions that were going to be made and that you were going to be responsible for.  But what if you weren’t.  What if you couldn’t make those decisions because of a worst case scenario?  Who would?  How would you make sure your vision and your wishes were implemented for family?

This is where and why Estate Planning, Incapacity Planning, & Kids Protection Planning exists.  And this is also why we do what we do at Lilac City Law.

Without a Plan

In the worst case of the worst case.  A death or incapacity, a plan does sort of already exist.  However, that plan has been put in place by the state.  A judge who doesn’t know you or your wishes will be forced to make decisions for your children..without your input.

What are your desires for your children in the event of your death or incapacity?  Who do you want to take care of your children?  Who is going to manage your assets?

Create a Plan and Keep your Family Protected

Again, remember that plan you laid out before the birth of your children?  Remember how many contingencies it accounted for?  You did this because even though you hadn’t met them yet, your children and their futures mattered dearly to you.  You recognized that the more you planned ahead, the less likely the worst case scenario would occur.

A Kids Protection Plan is a plan you should create now for those children for that very same reason.

 

Lilac City Law Works with Families to Develop 

Estate Plans, Incapacity Plans, and Kids Protection Plans 

 

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The Value of Proper Protection Planning

If you Google “Kids Protection Plans” you will see the work we are putting into providing services, education, & support to our community.  LCL is doing this because we are striving to be a “different kind of law firm.”  Being different means building a relationship with you and using that relationship to personalize a plan for you and your family.  This is our protection planning process, it is fundamental to our mission of providing the best Personal Family Law services possible.  

The Usual Talk

Establishing an effective planning process with your family lawyer is very important.  Most family lawyers will say, “Without proper planning…[fill in the blank].”  But they don’t walk you through what that means or how you will know if you’ve actually set up a proper plan.  They focus on what happens without the plan and leave it to you to fill in the blank that they can do it for you.  They are selling fear, then selling themselves as the solution.

The fear is that without the plan, your children could be placed in CPS.  A judge can decide who will raise your kids.  A portion of your assets could be lost to probate.  Your children’s financial inheritance can be poached by morally questionable “wealth planners” when they turn 18.  In fact, the harder we think, the more we can bring to the table as potential reasons for you to be concerned.  There are more things to be afraid of than are even reasonable to discuss.

Having a Proper Plan

So what does it mean having a proper plan? How is reframing the discussion about establishing a plan better than discussing the fears about not having one?  Well, first, having a plan effectively mitigates the scary scenarios above.  A proper plan also has other tangible and intangible benefits.

A proper plan takes a weight off your shoulders.  It gives you confidence and removes stress from your already busy plate.  It is also good for your family.  A plan demonstrates to them in a direct way that you are planning for the worst case.  And for your growing family, it demonstrates the value of looking into the future and planning contingencies for the potential worst cases.

It has to Work for You

In addition to how it makes you feel, a proper plan is also one that works.  The plan will work in the situations that you foresee, and maybe the ones that you don’t.  It will reflect the needs of your family today, as well as in the future.  It will be a custom plan.  And it will be an up to date plan.  This is where LCL really makes a difference.  We build custom Kids and Family wealth plans based on your needs.  And we do it based on getting to know you and your family today and in whatever tomorrow brings.

Find out More: Protection Planning

 

Lilac City Law Works with Families to Develop

Family Wealth and Kids Protection Plans 

 

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