Being a Parent

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Naming a Guardian in your Will and Durable Power of Attorney will help protect your child from even more uncertainty than simply the loss of one or both parents.  Your child could be taken by Child Protective Services, taken somewhere unfamiliar and eventually have a judge who doesn't know you or your family decide who will raise your child.  Your family members could even engage in a long and nasty custody battle.  All of these options not only lead to more upheaval for your child but also cost a substantial portion of your estate due to court costs and fees.

As parents, we are used to taking care of our children.  We manage their health with scheduling and attending all doctor visits.  We manage their cash and allowance money by teaching them to spend responsibly and to save their money whenever possible.  We open bank accounts for their benefit.  But what happens when your child turns 18?

Your child is now an adult.  Suddenly you are no longer freely given information on the health condition of your child by their doctor.  It is considered a violation of their privacy under California Law.  If there is an emergency and your child is taken to the hospital, the hospital, the hospital staff and the doctors will not give you information about your son or daughter's condition.  Your child would need to give their authorization for the doctor or hospital to speak with you.  What happens if your child is unconscious and cannot give authorization?  You are left scared and worried.  Our firm can provide your child and family with the proper documentation to prevent such an incident from ever happening.  Additionally, your child will also be able to appoint an agent to make health care decisions on their behalf in the event they cannot make their own decisions.

At 18, many young adults start establishing their own financial earnings and obligations.  If your child has any type of emergency, their financial independence is now at risk.  Bills need to be paid, checks need to be written and bank accounts need to be accessed.  But without the proper paperwork, you cannot just step in to help your child like you did when they were younger.  You cannot call the gas or electric companies to discuss bills because your name isn't on your kid's account.  Our firm can provide you with the paperwork you need that will allow you to assist in the management of the financial affairs of your child.

If you have a child or loved one who is receiving government assistance (often based on income or assets), an inheritance going directly to them could immediately disqualify them from receiving any benefits.  In order to pass inheritance to a person receiving benefits without disqualifying them is often achieved through the use of a Special Needs Trust.  Such a trust allows for the inherited assets to be used to supplement the benefits by paying expenses of the needs not already paid for by those public benefits.  Additionally, the Special Needs Trust protects the inherited assets from various claims by the agencies that pay the recipient's bills.