Accidents happen all the time (knock on wood). Estate planning normally entails appointing guardians for your minor children in the event of your death – but, what if you’re in an accident that does not result in your death? What if you’re in a coma or some other prolonged period of incapacitation? What if your spouse is too?
Wills are only effective upon death – so, what can you do to protect your children if you are incapacitated? Standby Guardian Planning is a method of appointing temporary guardians for your children during your period of incapacity. They are legally enforceable in North Carolina and can be used by the people you appoint to take custody of your children and keep them safe in your absence. No CPS. No foster care. Just trusted family or friends caring for your children in the way you intend.
Without planning, the State will normally get involved to place your children with temporary guardians, but, the process can be lengthy, stressful, and not what you want your children to go through – especially while they’re already dealing with their parents being in an accident. No court issues. No crazy relatives stepping in thinking they know what’s best for your kids. You choose. It’s that simple.
Take the time to create a Standby Guardian Plan today. Contact StephensonLaw to discuss Standby Guardian Planning during your Estate and Wealth Planning Session.
Paul Yokabitus is the CEO and Managing Partner of Cary Estate Planning, a Cary, NC, estate planning law firm. With years of experience in estate and elder law, he has zealously represented clients in various legal matters, including estate planning, guardianship, Medicaid planning, estate administration, and other cases.
Paul received his Juris Doctor from the Campbell University School of Law and is a North Carolina Bar Association member. He has received numerous accolades for his work, including being named among the “Best Attorney in Cary” in 2016 and 2017 by Cary News and Rising Star in 2020-2023 by Super Lawyers.