John 19: 25-27 AMP – But by the cross of Jesus stood His mother, His mother’s sister, Mary the [wife] of Clopas, and Mary Magdalene. So Jesus, seeing His mother and the disciple whom He loved standing near, said to His mother, [Dear] woman, See, [here is] your son! Then he said to the disciple, See [here is] your mother! And from that hour, the disciple took her into his own [keeping, own home].
Estate Planning is not only just to make sure that your assets are distributed properly, as some mistakenly believe. Estate Planning is far more than that. One of the very important tasks of Estate Planning is making sure that the people that you love and that are dependent upon you are provided for in many ways. What people think about most of the time is providing for those you love and are dependent upon you with assets or an inheritance. This is most certainly an important way to provide for them. However, another provision that is equally important is to have someone appointed to care for them. The name of this type of agent varies depending on who is being cared for and their age.
It is extremely important if you have minor children to name guardians for them in case you are either incapacitated or upon your death. I advise my clients to appoint guardians for their children, keeping in mind many factors. Some of the factors are as follows:
Are the children in public, private, or home school? Do the children have any special needs or requirements? Do the children have any health concerns? Do the children have any behavioral issues? Where do the children live? Where do the guardians live? Is this a great distance? Would the move disrupt the lives of the children? Do the guardians have children of their own? Is there space and accommodations for the children in the home of the guardian? Do the guardians have the same faith as you? Do the guardians believe in disciplining children as you do? What are the moral standards of the guardians?
These are just some of the factors to think about when choosing a guardian for your minor children. As I always tell my clients, you are planning for possibilities and hypotheticals. This is one of the most difficult decisions that a parent can make. It is truly heart wrenching to think about. However, it must be made. If you do not plan for this the consequences are sometimes not what you would intend to happen. Among the unintended consequences of not planning could include guardians that you would not want to be appointed for your children, children could possibly be separated, DSS (Department of Social Services) could become involved, etc. If, in reality, guardians were actually needed for your minor children, the trauma of your incapacity or death is enough, but the trauma of unintended consequences is even greater.
In addition to guardians, I also advise my clients to appoint Health Care Agents for their minor children. This is more important than you might think. Here is an example of a situation where appointing Health Care Agents for your children is important. If, as I know parents do, take a weekend trip and leave children with grandparents or aunts and uncles, then those individuals need to be appointed as Health Care Agents for the children. In the absence of the parents or the inability to reach the parents, the Health Care Agents will be able to make crucial decisions for the children, if the need arises.
It is important to plan not only for minor children, but for others you love and depend on you as well. If you are married, does your spouse need help with certain tasks that are essential to living well. For example, does your spouse need help with keeping financial matters in order? Does your spouse need help with home maintenance? Would they better be protected by living with someone else or by someone else coming to live with them?
The issue of planning for the people we love extends far from leaving them an inheritance. It also includes providing and appointing other people to help them with much needed support roles. In John 19:25-17, one of the last tasks Jesus did before giving up his spirit was to make sure that his mother was cared for after he was gone. Jesus appointed John, the disciple he loved, to care for his mother. Verse 27 says that John then took Mary into his own home and kept her and cared for her from that time on. Jesus’ work was not finished until he had taken care of this Estate Planning task. It truly was the last piece of business he took care of before taking a drink and then giving up his spirit.
As Christians, we are always striving to be like Christ and to live like Christ. One of the ways we can do that is by following Christ’s example and planning ahead. He did not leave his planning up to the miraculous, but instead used his time and appointing skills to put his wishes into effect. We must do the same and make our wishes known in our Estate Planning so that they will be legally executed and effective. BASED ON FAITH.