How to Choose Emergency Caregivers for Your Child

Adriane S. Grace, an estate planning and guardianship attorney, shares what parents should know about appointing legal guardians.

Adriane S. Grace is an estate planning and guardianship attorney in Frisco, Texas. As a mother of two young children and a legal advocate in court for minor children, she understands firsthand these difficult choices parents face. For guidance and legal counsel on these important decisions, please contact her office at 972/379-8167 or info@gracelawoffice.com. 

When thinking about our children, nobody wants to consider their untimely death or illness. Yet, every now and then, life throws out a curve ball; emergencies happen.

WHY PARENTS SHOULD CHOOSE AN EMERGENCY CAREGIVER

In the event of an emergency, if a parent has no plan, the state gets involved. The state chooses the caregiver or legal “guardian” for your child. As a court-appointed legal advocate for children, I often see the fall-out when parents fail to plan for an emergency. Real-life examples include: (1) inheritances tied up in court while relatives fight over who will be “in charge”; (2) court-appointed “guardians” who mismanage the orphaned child’s inheritance; (3) court-appointed guardians who are too old or are negligent with children; or (4) informal caregivers who step in, with no legal authority, and steal the Social Security benefits.

When parents don’t plan in Texas, state “guardianship” laws fill in the blanks. In Texas, people related in the “third degree by consanguinity” (pronounced con-san-GWEN-eh-tee) have the first right to become your child’s guardian. This includes living great-grandparents, grandparents and adult aunts and uncles from both parents’ sides of the family. Surprisingly, the oldest generational relatives, like grandparents, have first priority. That’s a lot of people! This group could also include relatives a parent would never trust with their child’s care.

HOW TO CHOOSE THE RIGHT CAREGIVERS FOR YOUR CHILD

It is common for parents not to make a plan because they feel what I call, “analysis paralysis.” That’s the fear of making a decision because you aren’t sure what or “who,” in this case, is the right choice. Parents may struggle with choosing someone who is both a good caregiver and financially responsible. Parents may also struggle with prioritizing between multiple relatives they equally love and respect. Finally, some parents who have smaller social networks avoid making a plan because they feel they don’t have enough options.

As an estate planning attorney, I frequently counsel parents on how to choose emergency caregivers or “guardians.” Fortunately, in Texas, our laws permit parents to choose different people for different roles. For example, a parent can choose a legal guardian who has caregiving responsibilities, and separately, a guardian who would handle money. We call the first choice “guardian of the person” and the other choice “guardian of the estate.” The guardian of the person has the duty of raising the child and providing for their basic needs (food, shelter, education and healthcare). The guardian of the estate is responsible for managing the money and property the child will inherit from their deceased parent.

“…A PARENT CAN CHOOSE A LEGAL GUARDIAN WHO HAS CAREGIVING RESPONSIBILITIES, AND SEPARATELY, A GUARDIAN WHO WOULD HANDLE MONEY.”

Careful consideration should be given to these two roles and to the people in your life who could fulfill them responsibly. Some considerations include: (1) whether a person has a criminal history (would the state appoint this person as a legal caregiver?); (2) whether the person has enough experience or education to raise a child; (3) whether the person has any issues with money, such as bankruptcies or poor credit; and (4) whether the person would respect your values as they raise your child. 

Finally, if parents are choosing different people for each role, consideration should be given to their potential relationship. Do they know each other well enough? Will they act jointly, and in the child’s best interest? Is there a possibility they would use their respective roles as bargaining chips for withholding access to the child?

HOW TO MAKE YOUR CHOICE KNOWN, LEGALLY

Choosing a legal caregiver, or “guardian,” for your child requires more than just a conversation with friends and family. You also need a written, legally-defensible plan. In Texas, a parent can make their wishes known through a written, advance designation of guardian for their minor child. Parents can do this through a last Will, or in a separate form. Either way, the written designation must be signed by the parent and two witnesses. These designations must be honored by a judge unless the parent’s choice is disqualified under law.

Consulting an attorney is advisable. Your choice will be a life-altering decision for your child. Estate planning attorneys assist parents with preparing these legal documents and can counsel parents about their choices. Designating a guardian is essential to preserving the legacy you want for your child. Don’t delay.

Sponsored content for Law Office of Adriane S. Grace. Photo courtesy of Shannon Skloss.