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Who Will Take Care of Your Children If You Pass Away?


Have you ever considered what would happen to your minor children if you unexpectedly passed away? While this train of thought may make you uncomfortable, it is important to plan for the unexpected in order to ensure that your children are well taken care of in the event you are not able to raise them yourself. Nominating  a guardian to take care of your children is arguably the most important aspect of your estate plan as failing to do so may result in a judge deciding who will raise your kids. Take matters into your own hands today by putting together a Kids Protection Plan®.

Your Kids Protection Plan®

A Kids Protection Plan® is a set of legal documents and instructions that dictate who should care for minor children in the short-term and the long-term in the event that their parents become incapacitated or die. Nominating  a short-term guardian is important because doing so gives your child an immediate caregiver and can help your children avoid being put into the custody of Child Protective Services. Additionally, nominating a long-term guardian enables you to determine who will raise your children after you pass and allows you to select someone who will love and care for your children as you would.

The documents that make up a comprehensive Kids Protection Plan® generally include:

  • Legal documents naming short-term and a long-term guardians for your minor child;
  • An ID card for your wallet notifying first responders that you have a minor child at home;
  • Instructions for the long-term guardian detailing how you would like minor your child to be raised;
  • Letters to your short-term guardian, long-term guardian, and to your minor child; and Powers of Attorney and Designations of Health Care Surrogate for your minor child.

How to Choose the Right Guardian

Choosing a guardian for your child is an incredibly personal decision and while there is no single “correct” way to go about selecting a guardian, an article in Forbes recommends taking the following considerations into account:

  1. Take the age of the minor child into account and, if appropriate, consider consulting with your child about who their guardian should be.
  2. Is the guardian able and willing to care for your child? Once you have selected a potential guardian who you feel is physically and economically able to take good care for your child, be sure to ask the potential guardian if they are willing to take on this important responsibility.
  3. Pick a guardian who shares your views on religion, morals, child-rearing styles, and any other issues that may be important to you.
  4. Does it matter to you whether the guardian is single or married? Or whether or not they have children?

Need Legal Assistance?

If you live in Florida and are interested in naming legal guardians for your minor children, contact Kira Doyle Law today. Our experienced attorneys would be happy to help you put together a comprehensive Kids Protection Plan® to help ensure that your minor children are raised by the guardians you select.