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Not Sure Who Should Be Your Child’s Guardian? Here Are Some Tips

Guardian, Special Needs Trusts, Attorney, Atlanta, GA Recently a family came in for a special needs trust consult and they were at a loss as to whom they should designate as their child’s guardian.

Although the wife had two sisters, neither of them lived close by; nor took an interest in their intellectually disabled niece. The husband also had a sister, but she didn’t have any children – and never wanted any.

Although both of the couple’s parents were eager to be guardians, the parents were of advanced age and in poor health. And as for extended relatives, well, they were extended and didn’t have any meaningful contact with their family.

It’s OK If The Guardian Is NOT Biologically Related

This scenario is more frequent than may you think. We often talk with families who do not have any biological family that can or want to serve as their special needs child’s guardian. And that’s OK.

You don’t want to designate individuals as guardians if they don’t want to be or do not have a meaningful relationship with your child.

“Our Chosen Family”

One of the things that my wife and I have learned through the years (and being in a similar situation as the couple that came to my office) is that you create what we call “Our Chosen Family.”

Our Chosen Family consists of people who WANT to be a part of our lives and enjoy spending time not only with us, but our special needs son. These are people who we’ve come to trust and love us as if they were our own biological family – and it’s these same people who we have chosen to be our children’s guardians.

Something to consider is that by taking the pressure off of your biological family, this may encourage them to remain engaged with your child. Many times biological family members want to help, but may not be in a position to assume guardianship.

Just because you do not choose someone as guardian, does not mean that they cannot be involved in your child’s life and/or be of assistance to the guardian.

There are several ways to keep non-guardians involved including informal roles like “God-parent” or more formal structures like Micro-Boards.

Things to Consider When Choosing A Guardian

When considering who to chose as your child’s guardian, here are some things to consider:

  • Does the potential guardian have a meaningful relationship with your child?
  • Would your child need to move to live with the guardian? How would this impact your child’s therapies or education?
  • Does the potential guardian have the energy and health to take care of your child?
  • Are they trustworthy and responsible?
  • Would the potential guardian continue to care for your child in a way that you want?
  • Most importantly, do they WANT to be a part of your family and be your child’s caregiver if something were to happen to you?

Also, something to keep in mind is that NO ONE will ever care for your child like you do. So it’s important to keep this in mind and be realistic when selecting a guardian.

We hope that our child will never need a guardian, but if they do, this person will need to quickly step in and make sure your child receives the love and care they need.

We Can Help You Decide

The story of the couple that came into my office has a happy ending.

After talking with them about their “Chosen Family,” the answer as to whom should be their daughter’s guardian was much easier and the person they selected gave them great peace of mind.

So even though the guardian they selected was not biologically related, the guardian was their “Chosen Family.”

If you’re struggling with who to designate as a guardian for your child, we can help. I can be reached at DJ@JeyLaw.com and 678.325.3872.

#SpecialNeedsTrusts #Guardians #ChosenFamily

How To Obtain Guardianship For Your Special Needs Child

Guardianship Attorney GeorgiaIn many states, including Georgia, as soon as your special needs child turns 18, he or she becomes a legal adult and is assumed to be able to make decisions on their own behalf unless a court determines otherwise.

However, if you determine that retaining guardianship over your child once he or she turns 18 is in your child’s best interest, here’s how you do it. (See related post: Is Guardianship The Right Choice When Your Special Needs Child Turns 18?)

Start Planning BEFORE Your Child Turns 18

Requesting guardianship can be a lengthy and involved legal process. In order to retain guardianship of your child, you need to have the court appoint you as your child’s guardian.

To make sure there is not a gap in your child’s guardianship when he or she turns 18, it’s important to prepare your petition to the court well in advance of your child’s 18th birthday. If there is a gap in guardianship (i.e. your child turns 18 before you have guardianship) and a decision needs to be made about your child’s health or legal rights, it could cause some serious problems.

Step-By-Step Process

  • Every state’s guardianship laws differ slightly and the process can be daunting. This is where hiring an attorney to help guide you through the process is beneficial.
  • There are several forms you will need to complete, including forms that will need to be completed by a qualified physician to evaluate your child.
  • Once you submit the forms, your child will need to appear in court with you. As much as possible, you will want to help your child understand the process and what to expect in advance of actually appearing in court.
  • The court will appoint a representative for your child to help determine the merits of your claim that your child is not competent to act on his or her own behalf and that guardianship is in fact the right choice. The representative will most likely want to meet and visit with your child. In addition, in some circumstances, the representative may visit your child at home.
  • Finally, you will need to attend a hearing with your child. At this point, the judge will review and determine if your child is incapacitated and, if so, to what extent he or she requires assistance. Further, the judge will then decide if the person petitioning for guardianship will be appointed as guardian.

Some Things To Consider 

  • You and your spouse or significant other can petition the court to share guardianship. You will become co-guardians.
  • If your child’s need are complex, you can request that a non-profit agency or public or private corporation serve as your child’s guardian.
  • Guardianship may not be the right solution for your child. There are alternatives such as conservator or limited guardianship that give your child more independence.

Once You Are Awarded Guardianship

The paperwork doesn’t stop once you’re awarded guardianship. Every year you will need to file detailed reports about your child’s finances and overall well being. In some states, guardians must also provide proof that they’ve made adequate residential arrangements as well as provided appropriate healthcare services.

If the guardian cannot prove that they have adequately provided for their adult ward, then the court can remove the adult ward and name a different guardian.

Getting Started

As a parent of a special needs child and an attorney with extensive experience with legal issues relating to special needs children, I can help you navigate the complex guardianship process. DJ@JeyLaw.com or 678.325.3872.

Jeyaram & Associates and The Calbos Law Firm Create a One-Stop-Shop for Special Needs Families

Special Needs Law Firm: IEPs, 504 Plans, Special Needs Trusts, GuardianshipCreating the first of its kind in Georgia, Jeyaram & Associates and The Calbos Law Firm are collaborating to provide a one-stop shop of legal services for Georgia families with special needs children.

The two Georgia-based law firms are working together to provide comprehensive legal services and advice for parents and caregivers who need help with:

  • IEPs
  • 504s Plans
  • Education Mediation and Litigation
  • Guardianship
  • Katie Beckett Appeals
  • Medicaid
  • Special Needs Trust Planning
  • Advance & Medical Directives
  • Medical and Durable Power of Attorneys

Both firms have a long history of  advocating for special needs children and ensuring they receive the medical and educational benefits they deserve and need. While both firms have obtained excellent results for their clients separately, together they bring more than 70 years of combined legal experience and offer comprehensive legal services to special needs families and serve as a formidable opposition to government entities.

Jeyaram & Associates and The Calbos Law Firm have extensive professional and personal experience and expertise in helping families with special needs children and are active in the special needs community.

Mr. Jeyaram has a special needs son and Principal Christy Calbos of The Calbos Law Firm has three special needs family members.

Because the two firms are active in the special needs community, they are able to connect families with other professionals and experts who are committed to and specialize in helping special needs families. From financial planners to CPAs and more – the firms have built an extensive and trusted network to help special need families.

About The Calbos Law Firm

Ms. Calbos brings unique expertise and experience to the firm by having represented multiple county school districts prior to representing families with special needs children. She has an intimate understanding of schools’ perspectives as well as families with special needs students. Currently Ms. Calbos represents special needs students for students age 3 to 22 in public schools by ensuring they receive appropriate education and services through IEPs and 504 Plans.

About Jeyaram & Associates

Mr. Jeyaram’s experience as a former Georgia Administrative Law Judge and his current healthcare and estate planning legal practice give him a distinct advantage in helping families navigate the complex government maze for benefits. Mr. Jeyaram has helped more than a 100 families overturn Katie Beckett denials, as well as create Special Needs Trusts to protect their special needs children’s current and future benefits and assets.

 

Guardianship: Is It The Right Choice When Your Special Needs Child Turns 18?

Guardianship Special Needs

In most states, a parent is deemed to be the legal guardian of his or her child until their child turns 18. Up until that point, parents make all the medical, financial, educational and day-to-day decisions for their children.

However, once your child turns 18, he or she is legally considered an adult and your authority to make decisions on your child’s behalf stops. This usually isn’t an issue, unless you have a special needs child that may not be ready or able to make good decisions about their care.

Following is a discussion of some options of what you can do when your special needs child turns 18.

Guardianship

With guardianship of your child, you have the legal authority to make decisions about your child’s healthcare, housing, food, clothing, and other subjects that affect your child such as decisions about a their income, property, public benefits and other financial matters.

Guardianship is not automatic. And when your child turns 18, parents (or an adult willing to oversee your child’s care) must petition the court for guardianship.

However, not every child who has disabilities needs to have a guardian. With appointed guardians, your child loses a great deal of independence. Your child will no longer be able to make decisions about their personal life, health care, financial or legal matters.

Alternatives To Guardianship

Most state laws require that guardianship only be imposed only when less restrictive alternatives would not best benefit and protect the child.

Following are a few examples of less restrictive alternatives to guardianship.

Conservatorship

If your child has the capacity to make some decisions, an option to consider is Conservatorship. The individual appointed to serve as Conservator manages your child’s property and financial affairs. Most other decisions are left up to the child.

Power of Attorney

Power of attorney is given to a responsible adult (ex. a parent) that acts on your child’s behalf on financial, legal or business matters but the child still retains the right to act on his or her own behalf.

Representative or Protective Payee

If your child receives Social Security, benefits from the Veteran’s Administration, Railroad Retirement, welfare or other state or federal benefits, the Court can appoint someone to help manage their payments from these entities. All other decisions are left up to your child.

Factors To Consider When Making This Decision

It’s important to take into consideration several factors when deciding whether your child needs a guardian or some other form of support.

  • Your child’s ability to make sound decisions, including understanding the effect and consequences of his her decisions and actions
  • Your ongoing need to be involved in your child’s medical care
  • Your need for continued oversight over your child’s financial affairs
  • Your child’s needs and wants
  • Your child’s ability to communicate his or her needs
  • Your child’s level of independence with respect to self-care (ex. feeding, dressing, bathing, etc.)
  • Whether your child will require outside support such as assisted living or a home health assistant

When To Make A Decision

The conversations and decisions about how your 18-year-old child should be cared for need to happen BEFORE he/she turns 18. These conversations are not easy. In fact, they’re very difficult and there are many variables to consider. As a result, it’s important to start thinking about your child, his or her needs and long-term well-being now.

We Can Help

Although we cannot make the decision for you about what’s the right answer for you and your family, we can guide you through the decision-making process and help you with the legal aspects. I can be reached at DJ@JeyLaw.com or 678.325.3872 for a free initial consultation.

If Your Child Has Autism, Make Sure These 4 Things Are In Your Will

Autsim Will & Special Needs Trust

Although everyone should have a will, as parents of special needs children, we need wills to ensure that our kids are well cared for and have a good quality of life after we pass.

My son has a dual diagnosis of Autism and Williams Syndrome. Here are four things I recommend all parents of children with Autism – or any special needs – include in their wills or estate plans.

1) A Special Needs Trust – A will is a basic legal document that details your last wishes and is often used to distribute your property or assets.

However, a basic will does not include provisions that are needed to protect and provide for your special needs child. This is where a Special Needs Trust comes into play. A Special Needs Trust can be a part of your will or it can be a stand-alone document. It allows you to designate and qualify your assets in a way that doesn’t penalize your child when it comes to his or her public benefits.

Eligibility for many government benefits is determined based on the resources your child or adult ward holds in his or her name. If your special needs child has too many resources, even by just one dollar, he or she may not qualify for, or may even lose, benefits such as Supplemental Security Income (SSI) and Medicaid. Even if your child does not currently receive government assistance, he or she may need it in the future.

A special needs trust is a way to protect your loved one’s current resources and future benefits. Through a special needs trust you can leave assets to your child or ward without negatively impacting his or her government benefits.

2) Designated Guardian – We often assume that a member of our family – maybe a sister or our own mother – will automatically be given custody of our children if something happens to us. However, this is not true unless you have a will, trust or estate plan in place that specifically names them as guardians.

Without a legal plan in place, anyone can request custody and a judge will decide with whom your child/children will live with. Choosing a guardian is perhaps one of the most difficult decisions to make. It’s important to choose someone you trust and who will respect your wishes for your child(ren).

Things to consider when selecting any child’s guardian are the guardian’s age, his or her family values, parenting style, character, willingness to serve as guardian and whether he or she already has an established relationship with your child.

With a special needs child there are even more considerations. Think about the traits that you, as a special needs parent, need to raise your child and does the guardian have these traits?  My top three traits for special needs guardians are 1) Energy; 2) Patience; and 3) The ability to advocate for my child. (See Related Post: 10 Tips On Choosing The Right Guardian)

3) Guardianship Letter & Instructions –  Once you’ve selected a guardian, you need to put them in a position to succeed if they are forced to step into your shoes. You should write instructions to the guardian about things they will need to know on how to parent your child.

Include things like your child’s routines, medicines, information about his or her medical providers, how to deal with sensory meltdowns, what is the best way to get them to eat or sleep. Simple things like their favorite stuffed animal that they need to go to sleep with at night or where they like to hide their favorite sippy cup or the name of their favorite YouTube videos are small details – but they are of big importance to our children.

We’ve had years to learn these things about our kids. Help your child’s guardian avoid having to learn from experience by documenting what you already know!  (See Related Post: How To Create A Successful Care Plan For Your Child’s Guardians)

By painstakingly detailing your routines and including details about what makes your child comfortable or happy in your care plan, you are setting your guardians up for success and for a smooth transition in case something were to suddenly happen to you and your spouse.

4) Conservator or Trustee – A conservator or trustee is someone to handle all financial decisions related to your child. A conservator helps ensure that money left to your special needs child is used for your child in ways that best benefit  your child.

Often times families ask me if their child’s designated guardian should also be the conservator or trustee. It depends. Your guardian can serve as both, but sometimes families prefer set up some up checks and balances by selecting different guardians and conservators. It’s important to select someone you trust and who will make smart financial decisions on your child’s behalf.  The guardian and the conservator work together in the best interest of your child.

Getting Started

As a parent of a special needs child and an estate planning attorney, I understand the challenges of adding one more thing to your plate. However, putting into place a will to protect your child with special needs is something we all need to do sooner rather than later – just in case.

We’ll walk you through the will planning process step-by-step. Initial consults are free.  We want to help you create a legal plan that best protects your child with special needs as well as your final wishes for your entire family. I can be reached at DJ@JeyLaw.com or 678.325.3872.

 

It’s All In The Details – Creating A Successful Care Plan For Your Children’s Guardians

Death isn’t something we like to talk about, but it’s critical to have a detailed plan for your children’s guardians – just in case. Wills, Trusts & Estates

This past week, my parents came to help my wife and I as we prepared for my wife’s upcoming medical procedure. They came early to learn the kids’ routines such as where their school is, what they eat and their bedtime routines.

Most of us don’t really think much about our day-to-day routines. In fact, we just go. We’re pretty much on autopilot. Having my parents come to help me with the kids was a good dry run for if my wife and I were to unexpectedly pass and we needed our children’s guardians to step in and follow the instructions we’ve prepared.

To help us prepare for her procedure, which would leave her out of pocket for a couple of weeks, my wife typed out every little detail about the kids’ days. Or so we thought. When we did a dry run with my parents, we quickly realized that there were several little – but very important details – that we forgot to include in our notes. And it was these details that would make the difference between a smooth and successful day with our kids versus potential meltdowns and a frustrating experience for everyone.

My wife covered the big ones – what time the kids take their medications, how much and how. Who likes what food, how to maneuver through the carpool line for school and what time they go to bed.

What we forgot to include were things like EXACTLY how to cut my son’s peanut butter sandwich. In her directions, my wife said, “Cut the peanut butter sandwich.” But as my parents were making my son’s peanut butter sandwich during the dry run, they asked, “Do you cut it in half? Do you cut it in quarters?” No. Actually, we have to cut his sandwich into quarter-sized bites and we have to cut off the crust. Wow. Something we do automatically. Failure to include that kind of detailed information could have derailed lunch for my six-year-old special needs son who is in feeding therapy and needs small bites of food to be successful with eating.

Next, my wife wrote specific notes about how to pick up our little girl from preschool (we walk in to get her). As my wife did a walk through with my parents, again, she realized she forgot to include some pretty important details such as:

  • Make sure you have a photo ID or the carpool tag to identify yourself when you pick her up
  • As you walk out of the school, you have to hold her hand as she tends to run out into the parking lot (she’s only 2)
  • And that you need sanitize her hands as soon as you get the car as her brother is medically fragile and a two year old’s hands are a magnificent host for germs.

Again, things we just do without even thinking – but that are really important for keeping our kids safe and ensuring a smooth day.

Further, when my special needs son says “Don Clare” he’s not asking for a person. He’s asking for one of his favorite books. To be honest, I didn’t even know this one. We don’t have a book titled, “Don Clare” and none of the books have a character named “Don Clare.” My son has just begun using two to three word sentences and this was his interpretation of the book titled “Bear Snores On.” How my wife figured this out, remains a mystery to me – and it would have remained a mystery to my parents if my wife hadn’t written it down in our notes after my dad asked her what my son was asking for.  

Our kids, like many others, thrive on routine and have favorite objects or TV shows, books or movies. Simple things like their favorite stuffed animal that they need to go to sleep with at night or where they like to hide their favorite sippy cup or the name of their favorite YouTube videos are small details – but they are of big importance to our children and bring them great comfort.

By painstakingly detailing your routines and including details about what makes your child comfortable or happy in your care plan, you are setting your guardians up for success and for a smooth transition in case something were to suddenly happen to you and your spouse.

Need help planning for your children’s future? We can help. Contact DJ Jeyaram at DJ@JeyLaw.com or 678.325.3872.

5 Things People Forget to Include in Their Will

DJ Jeyaram is quoted in this article published on GoBankingRates and Philly.com. Congrats DJ!

Article by Alaina Tweddale

Many people overlook writing a will until they become parents, launch a business or buy a first home. And even when they do finally craft this important document, estate and financial planning experts say, it is easy to overlook some important details.

We uncovered the biggest things people overlook when drafting a will. Find out if you’re missing a one of these key elements.

1. Alternate Beneficiaries

While most wills include at least one primary beneficiary, it is a common mistake to fail to prepare for a backup plan in the event the beneficiary predeceases the testator.

Furthermore, “it is important to consider whether a beneficiary is capable of inheriting the asset and can manage the asset properly,” said Sandra Martin Clark, partner at the law firm of Manning, Fulton, & Skinner in Raleigh, North Carolina.

Martin Clark says some reasons a loved one should be passed over for beneficiary status include:

  • Age
  • Mental capacity
  • Inability to properly manage assets

“Oftentimes, after a will is drafted and signed, the document is never looked at again until someone has passed away. At that point, it is too late to correct any error or consider a more appropriate planning opportunity,” said Martin Clark.

If the testator’s intent is unclear, or the beneficiary is a minor or found to be incompetent, it can be overwhelmingly difficult and costly to find a solution, Martin Clark said.

2. Provisions for Digital Assets

Digital assets are among the most important things left out of wills today, said Steven J.J. Weisman, an attorney in Amherst, Mass., professor who teaches estate planning at Bentley University, and author of “A Guide to Elder Planning.”

Websites, domain names and online accounts can all have economic value. Planners should also include account numbers and passwords within a will.

“So much of what we do is online or on our computers,” said Weisman. “Without the proper user names and passwords, as well as authorizing someone to have access to these matters, the estate can be severely compromised.”

Information for social media accounts can be important. Although there may not be a monetary value associated with a Twitter handle or a Facebook account, it can be awkward for loved ones to see greetings or birthday wishes posted to the deceased’s wall or news feed.

3. Prearrangements for Pets

Although you cannot leave assets or property directly to a pet, you can – and should – specify a caregiver for your pet, said David Walters, a certified financial planner and portfolio manager with Palisades Hudson Financial Group in Portland, Ore.

Consider naming a secondary caregiver in the event the primary caregiver is unwilling or unable to care for your pet, Walters added. Pet owners can even name a beneficiary for assets earmarked for the care of your pet.

If you do not make any specific provision for your pet’s care, the arrangements may become a source of contention among your loved ones. In the worst case, your pet could end up in a shelter,” Walters said.

4. A Personal Property Memorandum

Personal property mementos can be the most prized items in the estate of a parent or loved one.

“Sometimes, what people fight over are the least valuable items,” said Erik Hartstrom, attorney with Estate Plan Pros in Elk Grove, California.

Examples include a grandfather clock, Mom’s favorite costume jewelry, or even a $1.50 tchotchke Dad kept lovingly tucked in his dresser drawer.

An estate that has heirlooms worth a substantial amount of money can exacerbate the problem.

When there is no written personal property memorandum affixed to the will, beneficiaries may quarrel and sometimes even fracture long-standing relationships.

“Have a conversation with your beneficiaries and find out what is meaningful to each,” said Hartstrom. “You may be surprised.”

5. Trustee and Guardian Designations

It is critical to keep contact and designation information about trustees and guardians up-to-date, said Atlanta-based estate planning attorney DJ Jeyaram.

“This is especially important if both parents or a single parent suddenly passes and there are minors involved,” he said. “The guardians need to be immediately notified to ensure proper care of the children.”

A named trustee and guardian don’t have to be the same person. Without explicit instructions, an unintended new guardian may raise a child, or care for an incapacitated adult. Assets intended for the care of the minor can transfer to someone the deceased did not prefer.

In a worst-case scenario, said Jeyaram, “the children may be put into state custody.”

When you’re ready to put your final wishes on paper, thoroughly consider how you want all aspects of your estate handled – even the seemingly insignificant items. An experienced estate attorney can help you determine all the items you may want to consider when planning your will.

Without A Will, A Court Could Decide Custody Of Your Child

wills, Trusts and Estates10 Tips On Choosing The Right Guardian

Sadly, during the past couple of weeks, we learned of the passing of several friends and acquaintances. All of their passings were sudden. A heart attack. A car accident. A sudden mystery illness. An aneurism. To be honest, we became a bit leery about answering our phones.

Death isn’t something we like to think about, let alone talk about. However, these past few weeks were a stark reminder of how important it is to make sure we prepare for the future and to make sure our families are protected – especially if you have minor children.

We often assume that a member of our family – maybe a sister or our own mother – will automatically be given custody of our children if something happens to us. However, this is not true unless you have a will, trust or estate plan in place that specifically names them as guardians. Without a legal plan in place, anyone can request custody and a judge will decide with whom your child/children will live with.

As a result, it’s imperative to establish a will and choose a guardian for your child.

Following are some things to consider when choosing the right guardian:

  1. Age – How old is the person you’re considering to assume custody of your child if you pass? You want to make sure the potential guardian will be around for a while to raise your child.
  1. Ability – How is the health of the potential guardian? Does he/she need a lot of medical care? Is he/she emotionally stable? How many other children does the potential guardian already care for? Does he/she have a demanding job or a job that requires him/her to frequently travel? You wan to select someone who is going to be physically present and give your child the attention he/she needs – especially since your child will already be dealing with loss and grieving.
  1. Already established relationship with your child – Does the potential guardian already know your child and have an established relationship with him/her? Imagine being forced to live with someone you don’t know. Add on the stress of losing a parent. It’s imperative that your child know and be comfortable with the potential guardian.
  1. Location – Where does the potential guardian live? Is this somewhere you’d want your child to live? If you currently live in the city and your potential guardian lives in a small, remote town – would your child be happy and thrive? Does the potential guardian live in a good school district or are there good private schools nearby?
  1. Family values – Finding a potential guardian with the same family values can be challenging – but it’s perhaps one of the most important criteria to consider. Is this individual willing to instill and be supportive of your family values – especially if they do not mirror yours?
  1. Parenting style – Does the potential guardian believe in time outs? Is education important? Is the potential guardian strict or nurturing? You’ll want to choose someone who reflects your parenting style to minimize the stress and confusion on your child.
  1. Stable and loving – Selecting a guardian who can provide a stable environment for your child is critical – especially as your child will be grieving. Your child will look to the guardian for emotional and physical stability. Is the guardian in a stable relationship? Is his/her spouse open to being a guardian as well?
  1. Willing and want to serve as guardian – Taking on custody is a big responsibility. While some family members may love your child – assuming custody and providing for his/her every need is a different story. It’s important to have open and honest conversations about potential guardians to see if they want to serve as a potential guardian. Now is NOT the time to try and avoid hurt feelings. Your child’s well being and future is what’s most important.
  1. Character – Does your potential guardian have a court record of drug or alcohol abuse or a criminal history? If so, a court will reject and override your selected guardian. You want to select someone who will serve as a good role model for your child.
  1. Back up – Life happens. Your designated guardian may become incapacitated or have a change of heart upon your passing. It’s critical to have a back up potential guardian to ensure your child has a safe, loving and stable home.

It’s important to remember that a guardian is NOT required to financially support your child. As a result, it’s important when you’re setting up your will, trust or estate, to legally earmark funds for your child in a trust. Then, you will need to select an individual to oversee the disbursement of the money in the trust. This person is called a trustee. Often times, the trustee is different from your child’s guardian.

Selecting a guardian for your child can be a difficult decision – but it’s an important one. By legally documenting your wishes for your child/children, you help ensure that your loved ones are cared for and that a custody battle does not publicly play out in court.

Once you’ve carefully thought about and chosen a guardian for your child, we encourage you to consult with an attorney to help document your decision so that it becomes legally binding.

If you have questions or would like assistance, please contact DJ Jeyaram at DJ@Jeylaw.com or 678.325.3872