Tax Lessons to be Learned from Celebrity Estate Plans

A celebrity’s image and likeness can continue to produce considerable income after death. This type of intellectual property is considered part of your estate, and the IRS can tax its value. In the case of pop star Michael Jackson’s estate, that recently meant an IRS bill to the tune of $64.5 million, years after his death, which is about 40% of his likeness’ valuation of $161 million.

Michael Jackson’s estate planning fail could certainly have been avoided by using one of these estate-planning strategies that minimize the taxable value of a person’s image and likeness.

Charitable Bequests

Robin Williams made a charitable bequest of his image and likeness to a foundation. It was set up in his name, allowing his estate to get a charitable deduction against the estate tax.

Time Bans

Williams also established a 25-year time ban to prevent any future exploitation of his image. A time restriction lowers the value of a celebrity’s name and likeness because the value is typically lower at the end of the ban than at the date of death.

State of Residence

Some states don’t recognize inheritable postmortem rights to likeness. This means the estate can’t profit from it. Consider your state’s laws when estate planning so you can benefit from any available tax breaks.

Consult with Multiple Appraisers

Get one appraisal and have another appraiser act as a consultant to point out where there might be room to argue against the valuation.

Celebrity estate planning fails grace the cover of tabloids and news sites as soon as weeks after their deaths. Fortunately, they provide valuable estate planning lessons for the rest of us. While their fails may be more expensive, even a small fail can have a huge impact on your family’s future and well-being. Don’t leave your family holding the bag, especially an empty one.

Your family is worth the time for you to have a Family Wealth Planning Session with us so you can make empowered, informed choices for the people you love. As your Estate Attorney, we can walk you step by step through a process that will minimize your tax liability and keep your family out of court and out of conflict.

Our Family Wealth & Legacy Planning Session guides you to protect and preserve what matters most. Before the session, we’ll send you a Family Wealth & Legacy Inventory and Assessment to complete that will get you thinking about what you own, what’s most important to you, and what you can do to ensure your family is taken care of and you’ll leave the Session with absolute clarity about how to make the best choices for your life and death.

This article is a service of Gratia P. Schoemakers, Estate and Business Attorney. We don’t just draft documents, we ensure you make informed and empowered decisions about life and death, for yourself and the people you love.  That’s why we offer a Family Wealth & Legacy Planning Session, during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today at 832.408.0505 to schedule a Family Wealth Planning Session and find out how to better protect your family.

Your Rights as the Parent of a Young Adult – What You Need to Know When a Medical Crisis Hits

As a parent, you are most likely quite accustomed to managing the legal and medical affairs of your children, as circumstances require. If your child requires urgent medical attention while away from you, a simple phone call authorizing care usually can do the trick. But what happens when those “children” turn 18, and are now adults in the eyes of the law, and need of urgent medical attention far from home?

The simple fact is that the day your child turns 18, he or she becomes an adult, and have the legal rights of an adult. What this means for you is that you lose your prior held rights to make medical and financial decisions for your child, unless your child executes legal documents giving you those rights back. Without the proper legal documents in place, accessing medical information, and even being informed about your adult child’s medical condition can be difficult and in some cases, impossible.

When sending kids off to college, it is important to consider the legal implications an accident or medical emergency might have on your ability to stay informed and participate in important decision making for your young adult child. Medical professionals have a responsibility to follow the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA), which ensures medical privacy protection for all adults. Once your child turns 18, they are (from a legal perspective)no more attached to you than a stranger, making communication about medical issues tricky if your child is incapacitated and not able to grant permission on their own.

In most states, there are three legal documents which can make all the difference when a medical crisis strikes and your young adult child is far from home. When utilized together, they can ensure a parent or trusted adult be kept in the loop about care and treatment when a child over the age of 18 experiences a medical event while they are away at college, traveling, or living far from home. As with most legal documents, the law varies from state to state, so be sure to seek out the counsel of your Personal Family Lawyer® to determine which forms suit your situation best.

HIPAA – Essentially like a permission slip, this authorization allows your adult child to specify who is allowed access to their personal medical information. Specific information can be specifically withheld, such as drug use, sexual activity, and mental health issues can so that additional privacy can be protected if desired.

Medical power of attorney – Designates an agent to make medical decisions for the young adult. This could be you, as the parent or another trusted adult. Each state has different laws governing medical power of attorney, thereby requiring different forms. Be sure to check with your Personal Family Lawyer® to be sure you are following the laws of your state, as well as the state in which your child resides.

Durable financial power of attorney – Allows the parent or another trusted adult to take care of personal business in the event the adult child is unable to do so. This form would allow the parent to take care of such important tasks such as signing tax returns, paying bills, and accessing bank accounts for the incapacitated adult child. A durable power of attorney is indeed powerful and gives broad access to sensitive financial and legal decision making and should only be given to a trusted relative or friend.

The milestones come quickly once children graduate from high school and enter into the big, wide world away from home. As your family navigates these significant rites of passage, be sure to consult us as your Personal Family Lawyer® to determine the steps necessary to ensure excellent communication and peace of mind when a medical emergency arises. Consider including your young adult children in the process. We’re here to help your family establish the legal and medical protections you all need to live the lives you desire.

This article is a service of Gratia P. Schoemakers, Esq. We don’t just draft documents, we ensure you make informed and empowered decisions about life and death, for yourself and the people you love.  That’s why we offer a Family Wealth Planning Session™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. Begin by calling our office today to schedule a Family Wealth Planning Session.

Commit to Your Estate Plan Before Committing to a Trip Away

If you are planning a vacation, you probably have a lot to prepare for before you get away. Between structuring your itinerary, getting plane tickets or train reservations, and booking hotels, creating an estate plan is probably not something you thought to add to your to-do list. But, think again and consider that now is the time to take action on this vital piece of your legal life planning.

If something were to happen to you while away on vacation, whether an illness, injury or even death, your family would be stuck with a huge mess to clean up.

The Barber family of Southern California is an unfortunate example. Mom, dad and three kids went on a roadtrip to Arizona where they were in a terrible accident. Mom and dad died, and their three boys were injured, but alive.

It took the authorities a couple of days to locate any relatives, during which time the boys were in the protective custody of strangers. A fate no parent ever wants for their children in a time of tragedy, fear and grief.

The family member that was located first was a sister of the mom and she promptly took the boys back to her home and didn’t let any other family members see the boys.

It took many hundreds of thousands of dollars and at least 7 lawyers to sort out the family fighting that ensued over both the boys and the assets left behind by the Barber parents.

And it all could have been easily avoided with a small amount of planning in advance.

Making the commitment now to create a comprehensive estate plan will ensure your loved ones will not be stuck in court or conflict, if the unexpected happens while you are on vacation.

At least 8 weeks before you leave, schedule a Family Wealth Planning Session with us. During that Session, we’ll get you more financially organized than you’ve ever been before (ensuring none of your assets are lost if you are injured on your vacation) and guide you to make informed, empowered and educated choices for yourself and the people you love most. If you are leaving sooner than 8 weeks from now, call our office and let us know you need a rush Family Wealth Planning Session and we will see what we can do to get you started.

Whatever you do, do not just think a standard set of estate planning documents will serve you or your family. What you and your family need is a plan that properly addresses the care of your children (if you have minors at home), your assets and the parts of your life that go beyond just the money. We can explain more during the Family Wealth Planning Session.

This article is a service of Gratia P. Schoemakers, Personal Family Lawyer®. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love.  That’s why we offer a Family Wealth Planning Session,™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session!

How (and Why) to Disinherit a Child or Grandchild

Completely disinheriting a child or grandchild should be reserved for extreme circumstances.  And, if those circumstances exist in your family, it’s critical to ensure that you’ve taken the proper planning steps so that you are not leaving your loved one’s with a guaranteed lawsuit or other conflict after you are gone. Read on, if you are considering disinheriting a child or grandchild.

First, let’s get clear when it is a good idea to disinherit a child or grandchild, and when it is not. Disinheriting a child or grandchild to punish them for a lifestyle choice you do not agree with is usually not the best course of action. Instead, consider whether it may be time to release your need to control the people you love with your assets and instead recognize that each person deserves to be accepted and loved for the choices they are making.

If the lifestyle choice you disagree with is something like a drug, alcohol or gambling addiction, which could be exacerbated by an inheritance, consider creating a trust that would allow your assets to be used for treatment programs, and that may even incentivize treatment. We can help you draft appropriate provisions into your trust to address a scenario like this.

If you are considering disinheriting a child or grandchild because you are concerned that they may not make good use of their inheritance, or could even possibly lose the inheritance to a future spouse or divorce, we can support in preparing a special trust that would allow you to leave the inheritance to your child or grandchild and keep it protected from future spouses or divorces, ensuring the inheritance stays in your family, no matter what.

If you are considering disinheriting a child or grandchild because they have special needs issues and you want to ensure they qualify for governmental benefits, contact us because we can create workarounds to ensure that your inheritance can be used for their support and they can qualify for governmental benefits.

Finally, if you truly do want to disinherit a child or grandchild, be sure to do it very carefully so as not to create unnecessary family conflict. Do not attempt to do this on your own.

Be sure to document your capacity and that you are making the choice to disinherit based on your own free will, so that the disinherited family member cannot challenge the disinheritance claiming incapacity or duress.

After you’ve made these difficult decisions, make sure you review your estate plan every 1-3 years to ensure your wishes still align with your legal documents. Families are dynamic, so you should refresh your estate plan at regular intervals or after significant changes in your family take place, such as births, deaths, or marriages.

Because the decision to disinherit a child or grandchild requires significant consideration, you should not make it alone. Consult with us to help you clarify your wishes and include them in your estate plan, so they are legally enforceable and do not create additional conflict.

Working with us when considering disinheriting a child or grandchild will ensure you make the wisest decision and that your wishes will be followed when you die. If you are considering this significant decision, meet with us for guidance, we can help you articulate your wishes and include them in a comprehensive estate plan so your desires—and your beneficiaries—are clear.

This article is a service of Gratia P. Schoemakers, esq. We don’t just draft documents, we ensure you make informed and empowered decisions about life and death, for yourself and the people you love.  That’s why we offer a Family Wealth Planning Session™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love.

7 Steps to Creating an Estate Plan That Keeps Your Family Out of Court

Many people fail to create an estate plan because they don’t truly understand what is involved and therefore believe it is too complicated. But the real truth is that creating an estate plan during your lifetime is far less complicated than what your family will deal with after you are gone, if you don’t:

  1. Create a Trust. When most people think of preparing for the end of life, they think of writing a Will, but having a Will without a Trust is fast track to put your family in the Courthouse after you are gone.  Instead, to keep your family out of Court, you’ll want to set up a Trust and title all of your assets to be owned by that Trust.  While it might feel like a lot of effort, it will save your family a LOT of trouble after you are gone.
  2. Designate beneficiaries. Designating beneficiaries for your retirement accounts and insurance policies is critical because these assets do not pass through your Will or Trust.  Filling out beneficiary designation forms for each of your accounts will ensure these assets pass to the people you want to have them and stay out of the Court system.  Be sure to review your beneficiary designations periodically to be sure they align with your current circumstances. Hot tip: never name minor children as beneficiaries of your retirement account or life insurance policies AND if you have more than $150,000 in a retirement account, consider a special trust called a Retirement Trust to ensure the most beneficial tax treatment for your loved ones.
  3. Avoid estate taxes. Most of us will not have to worry about estate taxes since the federal estate and gift tax exemption is $5.49 million ($10.98 million for married couples) in 2017 and indexed every year for inflation.  However, if you are married and wish to take advantage of portability – where spouses are entitled to each other’s unused exemption – the surviving spouse must file the required paperwork to claim the exemption.

Plus, 15 states and the District of Columbia have state estate taxes, so you could still owe even if your estate is too small to owe federal tax. The big key here is to not just leave a set of documents that your family will have to figure out after you are gone, but give them the gift of a trusted advisor to turn to; call us if you’d like to consider having us be that trusted advisor for your loved ones.

  1. Leave a letter of instruction. Not everything you may wish to pass on to your heirs – like instructions for your funeral – should be put in your will or Trust.  Leaving a letter of instruction with your family or attorney can ensure your final wishes are respected.  And take it one step further with a Family Wealth Legacy CD or DVD in which you record your values, insights, stories and experiences for your loved ones to refer back to for generations to come.  We provide this service at no additional charge for our clients because we know this is one of the things families value the most and is least often handled.
  2. Sign a durable power of attorney. Estate planning is not just about death, but also ensuring your family can handle things in the event you become incapacitated.  Signing a durable power of attorney that designates someone to handle your financial affairs will save time, money and hassle for your family that, without it, will have to go to court to have a guardian or conservator appointed to manage your financial affairs. This could cost tens of thousands of dollars and is easily handled with one simple document and a trusted advisor for your family to turn to in a time of need.
  3. Create an Advance Healthcare Directive. This document designates a decision maker of your choosing to make sure your wishes are followed when it comes to the medical care you want – or do not want – to receive when you are incapacitated or near death.  You will also need to sign a HIPAA release form so your medical records can be released to your health care agent and medical professionals can discuss your medical care with that person.
  4. Organize your paperwork and digital files. Since many of us live our lives online these days, make sure your executor has access to all your digital information, including website addresses and the log-in information for those sites.  Put all your important paperwork – deeds, insurance policies, bank and brokerage statements, etc. – in one file and let your executor know where it is.

Bonus tip: If you have minor children at home (or adult children with special needs), don’t rely on naming guardians in your Will alone. Create a comprehensive Kids Protection Plan to ensure your children’s care is covered not just for the long-term, but for the immediate term as well and no one you don’t want raising your kids ever has a chance to take control.

Contact us about scheduling a Family Wealth Planning Session so we can sit down and talk about designing a plan that fits the needs of you and your family.  Surprisingly, sometimes the less you have, the more important it is to plan.

 

Go to Walmart for Bananas, Not Estate Planning

Did you know that the best-selling item at Walmart is bananas?  It’s true, and has been for several years.  So the next time you need a great price on your favorite yellow fruit, go ahead and head for Walmart.

But steer clear of the world’s largest retailer when you need a will or other estate planning documents.

While not available in the U.S. (yet), Walmart has been selling wills for $99 in several Canadian locations.  You can also get powers of attorney at the boutique law shop called Axess Law set up in Walmart.  And in our opinion, that’s not just bananas, it’s nuts too.

Creating an estate plan is something you do to leave a legacy of care and love for the people who matter to you the most.   Working with an attorney who understands your goals and wishes for your family, and can articulate those in a well-crafted estate plan, is a much better alternative than relying on a one-stop shopping experience, be it at Walmart or through online legal websites with standard forms that can’t begin to know what you truly want and deserve for your loved ones.

Having the caring guidance of a Personal Family Lawyer® will ensure that your estate plan takes advantage of the ever-changing state and federal laws as well as reduces the potential for family feuds.

If you’re the parent of minor children, your attorney will help you create a valid will (and if you work with a Personal Family Lawyer®, a comprehensive Kids Protection Plan®) that ensures the well-being and care of your children; without one, a judge will make that decision for you (or your kids could even be taken from your home temporarily).

Even if you don’t have minor or dependent children, you have stuff that will have to be handled after you are gone and a $99 will is likely only going to make it worse for the people left to clean up the mess.

Estate laws vary by state, which is another good reason to have a Personal Family Lawyer® guide you.  The probate process can be lengthy and arduous; your attorney can help you and your family stay out of Court, saving time, money and stress.

Finally, many life circumstances – remarriage, divorce, new children – impact your estate plan, so be sure you review it annually and keep it updated when things change.  Having a Personal Family Lawyer® who knows you and your family makes it much easier to keep your plan on track, so it will always be just what your family needs, when they need it.

If you would like more information about creating or updating your estate plan, call our office today at 832.408.0505 to schedule a time for us to sit down and talk and find out how to best protect your family.

Why You Should Get Estate Planning Off Your To-Do List

There are many goals most of us want to accomplish in life, and some of the most important ones center on family and money. Here is what a thoughtful estate plan can help you accomplish that involves both:

Control health care decisions. Most people will die in a hospital or care facility, and many will lack important decision-making capacity for their own care. You can name the people responsible for health care decisions if this should happen to you through an advance medical directive as part of your estate plan.

Control your finances. By assigning a durable power of attorney in your estate plan, you can save your family from the expense and emotional trauma of having to go to court to take control of your finances via a conservatorship in case you become incapacitated.

Plan for your long-term care. Most of us will require long-term care at some time during our lives, and it can be expensive – even financially devastating for many families. An estate plan will help you take the necessary steps to plan for your long-term care so it doesn’t fall to your family.

Keep peace in the family. By determining where your assets will go and having the right beneficiaries named on retirement and bank accounts, you will help ensure family harmony and fend off any potential inheritance fights.

The process of estate planning is ripe for procrastination since so few people understand it or – more commonly – wish to contemplate their own demise. Yet it still remains one of the best things you can do to protect your money, your health and your family.

Here are 3 tips to get estate planning off your “to-do” list:

Consider your children. Estate planning helps you protect your children throughout their lifetimes. When they are young, you need to appoint a guardian if something should happen to you. When they are older, you want to have the financial capacity to send them to college. When you are gone, you want them to enjoy a legacy that includes passing on your values as well as your assets.  Only estate planning can do this for you.

Review beneficiary designations. Life insurance policies, retirement accounts, investment accounts and other financial vehicles all require you to complete a beneficiary form to designate who will receive the assets upon your death. With no form, state law will govern, and your assets may go to those you never intended to receive them, or worse, go to your estate and be depleted by taxation. Be sure you have beneficiary forms on file for your accounts and that they are reviewed at least annually for any necessary updates.

Consider your own health. If you become incapacitated, who will be making your health care decisions for you? Do you want your life to be prolonged via life support no matter what? Whatever your wishes are for your own health, they won’t necessarily be followed unless you have executed a Living Will or assigned powers of attorney to see to these matters.

Make this the year you create your estate plan – or, if you have a plan that hasn’t been reviewed in the last two years, to update your estate plan. It’s a gift that will keep giving to you and your family.

The best way to learn about estate planning for your family is to meet with us for a Family Wealth Planning Session, where we can identify the best strategies for you to provide for and protect the financial security of your loved ones. Don’t wait! Give us a call today at 832.408.0505, we love to hear from you.

 

Is Your Family “Too Young” to Need an Estate Plan?

Young families face different estate planning needs and challenges than those who have had a long life behind them. While established families may be concerned about what will happen to their family when they pass on, young, growing families can be more focused on what is happening to their family in the present. And you even may find it hard to justify planning for an “estate” you haven’t yet established!

But here’s the thing … if you have children or anyone else you care about, you may not have an “estate”, but you do need estate planning if you want to ensure your loved ones wouldn’t be stuck in Court and/or conflict, if anything happens to you.

Here are a few estate-planning issues important for young couples to consider as soon as they start a family:

The Care and Custody of Your Children

If you die or become incapacitated before your children reach 18, they will need a legal guardian. To ensure your children are only ever in the care of people you want and choose, you need to name both temporary and long-term guardians for your children.

Identifying friends or family as the “godparent” of your child isn’t enough. You need to legally document your choice. And, naming just one person or a couple won’t cover it either. Name at least 3 options, in case back-ups are needed.

Also, ensure that you have not just named legal guardians in your Will, for the long-term.

If something happens to you and your child is home with a babysitter, or at school, you want to also name local people, friends or family, who would immediately be able to be called upon by authorities. And, those people need to have legal documentation on hand to step in and make immediate, short-term decisions for your littles.

We recommend a comprehensive Kids Protection Plan® to ensure there are no gaps, for even a minute, in the care of the people you love most.

The Management of Your Children’s Inheritance

Remember, when you die, the assets left to your minor children will need to be managed by someone at least until they turn eighteen. If no one is identified for this task, the court steps in and appoints “professionals” to take over the role, which can cost your children their entire inheritance.

And, it’s totally unnecessary. With just a bit of prior planning, you can keep your loved ones out of the Court system entirely and give total control to the people you know, love and trust.

The Authority to Make Decisions for You

Finally, no matter what your age is, or how big or small your assets are, you want to put in place the documentation that appoints the people you would want making decisions for you if you cannot make your own decisions.

Once again, the focus here is on keeping the people you love out of Court during what would be a hugely stressful time for them.

Estate planning is a key part of growing up, and showing up for the people you love. So, yes, you may be a young family, but once you’ve become a family, you’re not too young to plan well to make things as easy as possible for the people you love.

As your Personal Family Lawyer®, we will help you make the very best financial and legal decisions throughout your life, and for the beyond.  Far from being a morbid task, estate planning can give your young family the peace of mind, confidence, and security you desire when it comes to the future well-being of all members of your family.

We, at GP Schoemakers, PLLC, don’t just draft documents, we ensure you make informed and empowered decisions about life and death, for yourself and the people you love.  That’s why we offer a Family Wealth Planning Session,™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session to find out how to protect your family.

When Duty Calls: Navigating the Sandwich Generation with Ease

The average age of parents raising children in the US continues to rise, leaving many middle-aged Americans in a category commonly referred to as the the “sandwich” generation.

This growing population of professionals are often still raising kids at home when they become responsible for the care of their own aging parents. The stress and financial strain of managing the affairs of both children and parents can become overwhelming. The following tips can help make this challenging life stage manageable and more enjoyable.

Assess the Financial Situation

Taking time to thoroughly understand the financial picture for your own household is imperative as you step into a role of responsibility for your aging parent. Prepare for the inevitable and avoid surprises by working with a professional to consider how your role in the care of your parent will affect the plans you are making for your family’s financial future. Take advantage of our Family Wealth Planning Session process, a comprehensive planning process that ensures your legal, financial and insurance needs are covered appropriately.

Plan Ahead

Benjamin Franklin is quoted as saying that, “Failing to plan is planning to fail.” Planning for your family’s future means preparing for the worst and hoping for the best. As you move through helping your aging parent with important Estate Planning decisions, take time to be sure your own wishes are legally binding as well.

Be sure to include:

  • Medical power of attorney – appoints a person to make medical decisions if you are unable to do so
  • Durable power of attorney – designates a person to make financial decisions if you are unable to do so
  • Living will – expresses your wishes for end of life decisions
  • Will – carries out your wishes in the event of your death
  • Kids Protection Plan – designates a legal guardian for your minor children in the event of your incapacitation or death

Pay Attention to Red Flags

Even if your aging parent is still quite capable, work together to assess their financial situation carefully and be on the lookout for signs that anything is falling through the cracks. Common red flags are:

  • Frequent calls from creditors
  • Forgetfulness when it comes to bills and deadlines
  • Unopened mail

Utilize professional legal and financial support when necessary and communicate clearly so everyone knows who is responsible for what.

Practice Good Self Care

Stress is one of the most common consequences of caring for two generations at once. Balancing the responsibilities of raising children and caring for aging parents with relaxation and play is vital over the long-haul. Remember that adequate rest and good nutrition will provide you with the extra energy you’ll need when times get tough. Most importantly, remember that you don’t have to do it alone! As your Personal Family Lawyer®, we are ready to assist you when duty calls.

Now is the perfect time to schedule a Family Wealth Planning Session, where we’ll review your current financial situation in light of your future responsibilities. With our assistance, you’ll gain the confidence of knowing you’re making the most empowered, informed and educated legal and financial decisions for yourself and the ones you love.

We, at GP Schoemakers PLLC, don’t just draft documents, we ensure you make informed and empowered decisions about life and death, for yourself and the people you love.  That’s why we offer a Family Wealth Planning Session™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. Begin by calling our office today to schedule a Family Wealth Planning Session.

Defining the Legal Relationship Between Grandparents and Their Grandchildren

Raising a grandchild (or even spending a lot of time with your grandchild while his or her parents work) can be fraught with legal and financial complications. Lacking many of the inherent rights parents have, grandparents who are responsible for the care of their grandchildren may encounter unexpected legal challenges.

Even if you are your grandchild’s full-time caregiver, consider obtaining certain legal rights so you can avoid unnecessary complications and instead focus on raising a happy and healthy child.

If you are raising your grandchild, don’t assume you can make legal decisions on your grandchild’s behalf. Without legal custody, you do not have the authority to make important decisions such as where he or she will go to school. If you are responsible for your grandchild’s care, it’s critical to establish a clear relationship in the eyes of the law.

The legal rights you need will depend entirely on your role in raising your grandchild. Does he or she live with you? Are you the sole caregiver? What role do the parents play? Are you financially responsible for your grandchild?

Answering these questions will give you a good starting point for seeking the legal rights and protections you need and deserve, which might include:

Physical or Legal Custody

If you have full-time custody for your grandchild, do you have a custody order? If not, you may want to consider getting one. Physical custody gives you the right to have your grandchild live with you. Legal custody gives you the right to make important decisions pertaining to education and medical care. Your grandchild’s parents may still retain some rights if you have custody.  Also, custody orders are subject to modification if and when circumstances change.

Legal Guardianship

If you care for your grandchild regularly, make sure his or her parents have named both short-term and long-term guardians, so that if anything happens to the parents, you are able to immediately step in and make legal decisions for your grandchild.

Adoption

Adopting your grandchild would terminate his or her parents’ parental rights. You would become your grandchild’s legal parent, which is preferable in cases where the parents pose a risk to the child or when the child’s parents are deceased or no longer in contact. Adoption is permanent.

Power of Attorney

If you do not have custody, your grandchild’s parents could give you Medical Power of Attorney, which provides you with the temporary authority to make specific decisions around the health care of your grandchild. The parents can specify what decisions you can make and can revoke Power of Attorney at any point. Power of Attorney does not revoke the rights of the parents.

Educational or Medical Consent

Some states will grant non-custodial grandparents the rights to enroll their grandchildren in school and seek medical treatment. Speak with us to see if these are options in your state, if you would like to ensure you can make educational and medical decisions.

Even something as simple as enrolling your grandchild in school can be difficult if you don’t have the proper legal authorization.

If you’d like to simplify decision making while raising your grandchild (or even just full-time caregiving for your grandchild), meet with a Personal Family Lawyer® for guidance. We can help you obtain the rights and protections that will help you raise a happy and healthy grandchild. Our Family Wealth Planning Session™ guides you to the empowered, informed, and educated legal and financial decisions you need for the love of your family. Before the Session, we’ll send you a Family Wealth Inventory and Assessment to complete that will get you thinking about what you own, what’s most important to you, and what would happen to everyone you love and everything you own, when something happens to you.

At GP Schoemakers, PLLC, we don’t just draft documents, we ensure you make informed and empowered decisions about life and death, for yourself and the people you love.  That’s why we offer a Family Wealth Planning Session™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. Begin by calling our office today to schedule a Family Wealth Planning Session, we look forward to meeting you!