O'Reilly Law

We help protect your family like they are our own family

Call Now : (332) 456-0500
Attend a Free Seminar
  • Home
  • Who We Are
    • About Our Firm
    • Attorney Profile
    • Advantages of Working With Our Firm
  • How We Help
    • Wills and Trusts
    • Advanced Estate Planning
      • Estate and Gift Tax Figures
      • Family-Owned Businesses
      • Business Owners and Asset Protection
    • IRA Inheritance Planning
    • Specialized Family Situations
      • Remarriage & Blended Families Protection
      • Special Needs Planning
    • LGBTQ Estate Planning
    • Medicaid and Elder Law Planning
      • Are You A Caregiver?
      • Coping With Alzheimer’s
      • Emergency Medicaid & Nursing Home Planning
      • Hospice Care
      • Medicaid Planning
    • Incapacity Planning and Caregiver Support
    • Minor Children & Young Adult Planning
    • Pet Planning
    • Probate and Trust Administration
  • Workshops
  • Free Resources
    • DocuBank
    • Elder Law Resources
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
    • Estate Planning Resources
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate Planning Techniques
    • Free Medicaid Calculator
    • Frequently Asked Questions
      • Estate Planning
      • Incapacity Planning
      • LGBTQ Estate Planning
      • Trust Administration & Probate
      • Wills
    • LGBTQ Resources
    • Newsletters
    • Pre Consultation Form
    • Published Book
    • Special Needs Resources
    • Trust Administration & Probate Resources
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
  • Blog
  • Contact Us

Minor Children & Young Adult Planning

Who would care for your children should you become incapacitated in an accident or die unexpectedly from an illness or accident? Would your children live with their grandparents? If so, which set of grandparents? Where would they go to school? These are questions that you likely don’t want to consider right now because talking about death is never easy.

However, planning now for the unthinkable is an important part of being a parent. You need to protect your minor children and young adult children as much as possible for the day when you are no longer here to do so yourself. The compassionate and experienced team at O’Reilly Law, LLC will be able to answer your questions and guide you through the process of estate planning.

What Should be Included When Planning for a Minor Child?

When you are putting together a plan for your minor child, the following should be included:

  • Temporary guardianship: someone who can immediately take care of your children in an emergency so they do not wind up in the hands of an agency
  • Permanent guardianship: someone who will become the child’s legal guardian should you die before they turn 18
  • Instructions for the guardians: written instructions should be provided to temporary and permanent guardians so they know exactly how you want your children raised
  • Powers of attorney: powers of attorney for care of a minor, which permits you to name an attorney-in-fact to make decisions regarding the care of your children when you are unable to do so
  • Designation of health care surrogate: this provides the medical care your children need when they travel without you or you without them should the need arise

How to Choose a Guardian?

Choosing a guardian is not as easy as it seems. You need to take quite a bit into consideration when reviewing your options, including the following:

  • The age of your children and the age of the potential guardian
  • The potential guardian’s religious beliefs, values, and own parenting styles
  • The stage of life your potential guardians are in (married, divorced, widowed, retired, working, young children of their own)
  • Where the potential guardian lives
  • The relationship the potential guardian has with your children (they don’t need to be a blood relative but there should be some sort of relationship)
  • Willingness of the potential guardian (speak with them before making it legal)
  • The potential guardian’s financial situation and personal responsibility

What Should be Included When Planning for a Young Adult?

As your children grow, you teach them new things related to their age. When they are 16, 17, or 18, you teach them how to drive. You teach them how to answer questions in an interview for a first job. When they reach 20 or older it’s time to discuss how they can protect themselves and their finances. This includes encouraging them to create a will and other legal documents, especially if they are moving closer to marriage. When you are creating a plan for your young adult, the following should be included:

  • A durable power of attorney: names an attorney-in-fact who will care for your financial and personal matters when you cannot do so
  • Last will and testament: your young adult child can create a last will and testament that is simple. Many young people enjoy engaging in risky activities, including skydiving, mountain climbing, and traveling the world. A simple will outlines what’s to happen to your finances should you die in an accident.
  • Designate a health care surrogate: this person will be responsible for making healthcare decisions for you when you become incapacitated
  • Living will: this document outlines the use of life-sustaining equipment and measures in the event you become terminally ill. This document, along with the health care surrogate, will provide detailed instructions to the doctor as to how to proceed with care.
  • Digital asset spreadsheet: create a digital spreadsheet that contains the website addresses, usernames, and passwords of all your financial accounts and other accounts your parents will need if you become incapacitated or die

Contact O’Reilly Law, LLC Today to Schedule a Consultation

Planning for the unthinkable is never easy, but it is vital to protecting your minor children and young adult children. The compassionate team at O’Reilly Law, LLC can guide you through the process from Point A to Point B, answering your questions along the way, and ensuring that you do what is best for your children. Call our office today to schedule a consultation with a member of our team.

O'REILLY LAW

DOWNLOAD FREE ESTATE PLANNING WORKSHEET

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

FOLLOW US

  • Facebook
  • Instagram
  • LinkedIn
  • RSS
  • Twitter

O'REILLY LAW

1110 South Ave. Suite 33
Staten Island, NY 10314
United States (US)
Phone: (332) 456-0500

OFFICE HOURS

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM
Logo
  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
The information on this New York Attorney/Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. © 2023 American Academy of Estate Planning Attorneys, All Rights Reserved, Attorney Advertisement. Privacy Policy | Contact Us| Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys