Obenauf Law Group Hawaii Law

Are you lying awake at night worrying because you just had a baby and don’t know what will happen if something tragic happened to you and the daddy…or try to avoid the thought altogether and have nothing set up in the form of a will or trust?

When you start to think about it are you concerned about the sister-in-law, who can barely parent her own children, but who you just know would petition the court to get your kids if something happened to you?

If you want to protect your keiki from ending up in the home of anyone you wouldn’t want raising them, or spend time in foster custody while the courts fight it out follow these six simple steps:

1. Select Long-Term Guardians for Your Keiki
Consider who you would want raising your children if you passed away. What values are most important to you? For many people, family is the most important, and they would want family raising their children, even if it meant their children leaving Maui. For others, parenting style is most important, while others prioritize raising their children on Maui or in a particular religious tradition. This can be a difficult conversation between parents, but that doesn’t mean it’s a conversation you should avoid. If a guardian isn’t obvious and you’re having trouble choosing, try this systematic approach: First make a list of the top five people that come to mind when considering legal guardians. Then, make a list of the five most important qualities you are seeking in a guardian. Then rank the potential candidates according to how many of your positive qualities they possess.

2. Document Your Long-Term Guardian Nominations Legally
It doesn’t count if you have your long-term guardian names sitting between your ears! Or you mentioned it in passing to someone. Document them! Legally!

3. Choose Temporary First-Responders for Your Keiki
What if your first-choice guardians do not live on Maui? Or what if they are off-island? You’ll need to name several people who live on the island of Maui who you trust to care for your keiki until your long-term guardians arrive. These people do not have to possess all fi ve qualities you listed when brainstorming guardians. The standard here is, “who could care for my kids for a few days that would be more comfortable for my children than a foster home?”

4. Give First Responders Authority to Keep Your Children Out of Foster Custody

If you are interested in keeping your children out of foster custody in the event of your untimely demise, your temporary caregivers must to be able to authorize medical care for your children. It is important to give them a springing medical power of attorney.

5. Make Sure All Caregivers Know Who the Temporary First-Responders Are
Be sure your sitter knows to call the temporary first responders if you do not come home, before she calls the police. This will avoid them being taken away into custody.

6. Exclude Anyone Who Might Challenge Your Nomination
Lots of us have these people in our lives. If you think someone undesirable might fi ght for your kids, exclude them confidentially.

I hope these steps help. If you have any questions about wills, trusts and guardianships call and make an appointment. It is easy to take care of and can put your mind at ease.

Image Credit: Obenauf Law Group

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Meg Obenauf is an attorney and the founder of Obenauf Law Group. She strives to help families pass on their wealth simply, without conflict, drama, or taxes and works with families to protect their money and property from the ravages of nursing home and long-term care expenses. Meg helps parents of minor children create plans so that your keiki are never out of the hands of your loved ones, even for a moment, if the unthinkable should occur. She works with clients to create customized plans designed to ensure that your wishes are recognized and followed. Meg is a graduate of Harvard Law School. She resides in upcountry Maui with her husband, Mark, and her two young children. You can contact her at 244-3905 or go to www.obenauflawgroup.com for more information.