Your children are by far the most valuable “assets” you have, then why does everyone make sure they have a will for their property but do not have a real, meaningful plan that ensures that your children are taken care of financially and emotionally if something were to happen to you? Perhaps is difficult to think about knowing the pain your children will feel and therefore it makes us uncomfortable. Maybe it is because we never think that anything will happen to us while our children are still young and hopefully that will remain true. The fact is, people get life insurance, health insurance, but few people have insurance that their children will be cared for by those family members or friends you know would raise them the way you intended them to be raised. After you die, your children's guardianship could become a contested hearing with feuding family members and in-laws. What the court may deem to be what is in the best interest of your children may be far from the truth and therefore your input by planning ahead is crucial for the well-being of your children.
I have represented individuals in guardianship proceedings in North Carolina for over ten years. I have seen many cases where family members fought each other over who should become the guardian so they have the ability to determine where that family member can live and decide how to handle their finances and assets. The court appoints a Guardian based on what they perceive to be in the best interest of the person needing assistance, which oftentimes would not have been the choice if the person had planned ahead. Protect your children when the unspeakable happens. Ensure that your children are taken care of both financially and that a guardian of your choosing, not the court's choosing is selected.
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