Guardianship

A parent may name a guardian to care of and make important decisions for their minor children if they pass away or lack the legal capacity to make those decisions. The lack of legal capacity can be due to mental or physical illness, or injury.  If you do not nominate a guardian, then the court will appoint one to make decisions on behalf of your children and the guardian will continue in this capacity until your children are 18 years old.  Further, because a child cannot inherit property or assets, a conservator may be name by the court to manage your children’s inheritance. Durable powers of attorney and trust-oriented planning helps avoid guardianship or conservatorship proceedings and takes back control from the state.

Childcare Power of Attorney temporarily appoints a trusted person, who is a non-parent, to have control of healthcare and personal decisions for your child(ren) if you cannot.  Typically, a parent who is unavailable for a period of time and wants to grant authority to another person over their child will execute this document. You can also limit the purpose to something very specific (for example, to take a child on vacation, to authorize specific medical treatment, etc.).  A power of attorney over a minor child is effective for a maximum of six months. You can limit this time period to as little as you want, but you cannot extend it beyond six months. If you need another power of attorney after six months, a new one can be executed.