At Grimaldi Law Firm, a firm focusing on estate planning in Florida, we know that there is nothing quite like the grandparent/grandchild relationship. For those of us lucky enough to experience it, it is clear why this relationship is considered to special.
But as with any relationship, things can change when you least expect it.
What happens when, in the case of an extreme emergency, the grandparent needs to become the parent? Or if there is a divorce in the family that affects a grandparent’s ability to have visitation with their grandchild.
Believe it or not, these instances are becoming more common with each passing year.
This is particularly an issue you’ll want to be aware of if your child has a close relationship with your parents, or if you are a grandparent who wouldn’t want something like this to affect your relationship with your grandkids.
On the flipside, you may choose not to have a relationship with your parents, and want the same for your children. It is important to consider that in the that event something happens to you, rules must be put in place so that your child or children are not handed off to their grandparents.
How do we cover all bases so that we can avoid one of these situations?
Organized planning by way of an Estate Plan with Grimaldi Law Firm of course.
Here are a few scenarios to consider when deciding how you’d like to maintain, handle, or protect the grandparent relationship you’ve established for your family:
Grandparents as guardians
If your child as a close relationship with your parents or in-laws that you are happy with maintaining, put it in writing. Nominating the grandparents as legal guardians of your children in the event that something were to happen to you, will ensure that they will be able to enforce that through the courts. Remember, without this nomination, grandparents are not necessarily entitled to legal rights of their grandchild.
Steering clear of the grandparents
Lots of things happen within families that could lead you to want to put the lid on a potential relationship between your children and your parents. In that event that both you and your partner pass away or become incapacitated, it’s likely that the set of grandparents you’re trying to steer clear of would become the first option as caregivers by the Court system. This is yet another reason to name legal guardians for your child or children in the event of a tragedy.
If you did choose someone else and wanted to avoid having your parents find out about this we could help you prepare a plan for this as well.
Finally, if you are a grandparent who takes care of your grandchildren on a regular basis, a health care surrogate designation is an important tool so that you would be able to take your grandchild to the doctor or hospital if the parent is traveling or unavailable.
There are so many things to think about as a parent, and so many more to consider when thinking of the best possible future you can create for your child. Let’s sit down for a Family Planning Session and create a plan that helps put you at ease knowing that your children will be cared for according to your wishes and desires.
At Grimaldi Law Firm, your future is our present.
We can be reached at (954) 491-8707
Special Note: The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced real estate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.