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.
Author Bio
Paul Yokabitus
Founder & Estate Planning Lawyer
Paul Yokabitus is the founder of Cary Estate Planning, where he helps North Carolina families protect what matters most through wills, trusts, probate, and special needs planning. Known for his “planning, not paperwork” approach, Paul turns complex legal concepts into clear, practical strategies so clients feel informed and confident at every step. He has been recognized as a Business North Carolina Legal Elite attorney and a Super Lawyers Rising Star, and was named to the Triangle Business Journal’s 40 Under 40. A graduate of Campbell University School of Law, Paul lives in the Triangle with his wife, Alix, and their two sons.
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How We Help North Carolina Families
Paul and his team at Cary Estate Planning are fully committed to creating a personalized experience to develop thorough and comprehensive estate plans. They value their clients and go above and beyond to make sure that no details are missed. I would highly recommend Paul to anyone looking to create an estate plan.
I was referred to Paul by my Real Estate Attorney and I could not say enough about how exceptional the client service has been from everyone I spoke to. The communication is prompt and I feel like they really took the time to answer all my questions and set things up exactly as I wanted, but also recommended things to make it easier on my family down the line.
After attending one of Paul’s estate planning seminars, my husband and I knew we wanted Paul to assist us with our estate planning. His honest, professional approach to this necessary part of life put us at ease with the process. We will continue to recommend Paul and Cary Estate Planning.
We had a great experience working with Paul Yokabitus and the team at Cary Estate Planning to set up our Will and Estate Plan. The process was clear and easy, and in the age of COVID, our signing session was very well done, easy, and safe.
The Cary Estate Planning team will make sure that you have the information you need to be confident in your estate planning decisions. I learned so much from videos, a one-on-one in-person consultation, the website, emails, and a newsletter mailed the old fashioned way. The fee is very reasonable given the importance of estate planning. No matter the size or number of your assets, don’t procrastinate like I did!
Paul is a masterful attorney. He’s very good at taking your intentions and defining that into a durable Trust and Will. Best of all he is as simple and plain-spoken as you like. Or as fast as intellectual as you may be. It’s all about your your speed and your desired outcomes. Would strongly recommend this firm.
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Attorney Offices in Cary, Raleigh, and Chapel Hill
Capability to meet virtually to help all NC residents
