Are Your Nieces and Nephews Protected in Case of Tragedy?
Originally published on June 21, 2009
As summer approaches I think of all of the great vacations that are coming up. And if you are a lucky auntie like me, you may get to spend some special time with your nieces or nephews while their parents step away for a while. As excited about this as I am, I can’t help wondering if the unthinkable happened to my sister and brother-in-law, and a death or hospitalization occurred unexpectedly, what would happen to my niece or nephew? Is a will enough to keep them protected? Are they prepared?
So after years of experience practicing law, I have this advice to offer to you other aunts and for your siblings as well. When planning for the protection of your loved ones in the event of a crisis, we need to plan for two different time frames: the short term and the long term. A typical will does not name immediate, local guardians to stay with the children until the permanent guardians can arrive, thus it does not provide a short-term plan. A will is not enough to make sure the kids would not be taken into the care of Child Protective Services if you are in an accident, scary huh?
A will is primarily used to indicate where your property goes and who would care for the children permanently (the long term) if the parents were to die.
Here are all the things a typical will does not do:
1. A typical will does not alert paramedics that there are minor children at home if there is an accident, nor does it give specific guidance as to who to call if something happens to your siblings, the parents.
2. A typical will does not keep anyone that your brother or sister wouldn't want raising their kids from challenging their decisions in court after they are gone.
3. A typical will does not work if the parents are temporarily unable to communicate, but still living.
4. A typical will does not give instructions to anyone about the values, insights, stories and experiences your loved ones wanted to leave for their kids.
And, in most cases, the will won't be available when needed. Where is your will right now? If you are like most people, it's in your safe deposit box, (the worst possible place for a will) virtually inaccessible.
Make a Plan!
Now that we’ve covered the “will” issue, let’s talk about what we as aunties can do to help make sure our siblings are prepared so our nieces and nephews are taken care of. In addition to making sure our siblings have named traditional guardians for their children in a will, we need to make sure they put in place a clear family emergency response plan. In my office, we prepare a comprehensive Kids Protection Plan. This Plan will give clear instructions to the children’s caregivers and it will also name First Responders, people who have documented legal authority to stay with the children in case of an emergency.
We can also talk to our siblings about selecting the right guardians, and make sure they avoid the common mistakes that parents often make when naming guardians. We can discuss the importance of having the proper legal, financial, and health related documents in place so that everyone they love is taken care of in the event of their incapacity. We should also tell them to let the people they’ve named guardians know what to do in the event of a crisis and how they would want their children raised.
As scary as this topic is to talk about, we want to make sure our loved ones, our nieces and nephews, are always taken care of…even if that means giving our brother or sister a little nudge in the right direction
Photo: Andersonrise
Photo of woman with two girls: Eugene Sergeev
Updated and published: May 25, 2016
Originally published: June 21, 2009