Thursday, July 12, 2007

Are You Prepared in Case of an Emergency?

If you were injured in an accident today would your family know what to do?
Have you prepared the legal documents to ensure your health and financial affairs would be managed according to your wishes? Are you personal papers in order so a family member could find them quickly in an emergency?

While no one likes to worry about suffering a medical emergency or having an accident on the way to work, there is a chance that at some point you may be unable to convey your wishes to your family. If you prepare a Living Will and Healthcare Power of Attorney ahead of time, your family and friends will know what decisions you’ve made regarding your health if you are unable to speak for yourself.

Have you considered who would raise your children if you were not around? You should choose someone you trust, whose ideals and values are similar to yours and who would consent to taking on this responsibility.

Do you have a Last Will and Testament that explains how you want your assets divided? If there is a certain item you want to pass along to a specific person, be sure to include this in your will.

Keep a file with these important documents in a place where they can easily be retrieved- preferable your home- and let several family members or trusted friends know where these documents are. If you keep copies in a safe deposit box at the bank, make sure someone else has a key. However, also remember that emergencies don’t always happen during regular business hours and it may take hours or days before someone is able to access your safe deposit box.

The most adult thing you can ever do for your spouse and family is to be prepared ahead of time for an emergency. You don’t want them making a decision during an emotional time- a decision that is not what you would have wanted. Plan ahead of time and know that your wishes will be carried out.

Copyright © 2007 Kathy Swann

Kathy Swann has over 25 years experience in office management, payroll and Human Resources. She is the Controller of a consulting company in Baltimore, MD and also freelances as a consultant for several small businesses. Kathy is the author of "How to Win When You Prepare for a Personal Emergency" now available at http://www.suncatcherpress.com

Article Source: http://EzineArticles.com/?expert=Kathy_Swann

Appointing A Guardian For Child Care

How many parents think about the fate of their children’s care if they (the parents) were to pass away at the same time? Most people do not like to think of a situation in which they would not be around to bring up their children, but it is important to plan for such as occurrence, however unlikely it might be.

In making provisions for the one's children’s care, an important consideration would be the appointment of a suitable guardian.

By appointing an individual or couple as guardian(s), usually via a will or a deed instrument, you're ensuring that your child’s care will not be neglected during their bereavement. It is also a proactive step towards comprehensive estate planning.

But how do you appoint a guardian? What are the qualifications of a suitable guardian?

Appointing a guardian is easy; parents who have written their wills would not have missed the provision regarding the appointment of guardians for children below 21 years of age.

Legally one can appoint guardians through several channels, but the simplest and most cost-effective way is via a will. It makes more sense (to appoint in a will) instead of through a special deed document, for instance, as the cost of writing a will is inclusive of the guardianship portion.

The law doesn't require the testator to acquire a written or official consent from appointed guardians. However, for practical reasons and to avoid future disputes, it is best that you inform and obtain, at the very least, verbal approval from your chosen guardian. Thus, the guardian is fully prepared to look after the child’s care if the sad situation arises.

However, note that an appointment is not legally binding on the guardian. Naming someone as a guardian doesn't bind the person legally. It's only an indication of the testator's preference. When it's time for the appointed guardian to assume the role, he can decline by citing valid reasons. There are no penalties.

Parents should note that the naming of guardians is crucial if they have young children who cannot fend for themselves if they're left orphaned. If parents die without a will, or with a will that does not address the issue of guardianship, the children will most likely be put under the care of the Welfare Department or placed in an orphanage.

For parents, the challenge lies in appointing suitable guardians. From the legal perspective, there are no stipulated criteria for suitable guardians. The law doesn't restrict anyone from appointing one’s preferred persons as guardians. It's a matter that is close to the heart and the wrong decision will leave behind a lasting impact on the child’s care. For this reason, testators must exercise sufficient care and caution.

It is advisable for couples to discuss and come to an agreement on the choice of guardians. This is to avoid disputes when the wills are executed. If the spouses name different persons, the matter will likely be referred to the court and a final decision will be taken based on the court order.

When appointing a guardian, the focus isn't so much on the material well - being but the ability of the person to provide adequate affection and a positive living environment for the children. It's more important for the person to have good parental instincts and capability.

The person should ideally be someone who will be able to love and care for your children just the way you do, maybe not in exactly the same way, but will put in that much of effort in carrying out the role.

Michael Russell

Your Independent guide to Child Care

Article Source: http://EzineArticles.com/?expert=Michael_Russell