Parents, Minors and the Law

Minors one Day Majors the Next

Congratulations, your child is off to college.

Parents do not stop worrying about their kids when they turn 18.  However, our legal ability to weigh in on our children’s medical care and financial needs ends on their 18th birthday once they are considered adults in the eyes of the law. This means that while we have the final word about medical care one day, the next day we might not even have access to our children’s medical or academic records.

Serious problems can arise if your young adult is injured in an accident or is otherwise incapacitated. No one thinks about estate planning for someone who has just turned 18, but unless you put into place some basic proactive planning documents for your newly minted adult, you may need to deal with complex legal issues and hurdles if your son or daughter becomes sick or injured.

These documents will give you the legal authority to be there for your children in a time of need, even when your child is officially considered as an adult in the eyes of the law.

• A HIPAA Authorization Form
• A Health Care Directive
• A Durable Power of Attorney

If your child is college bound and/or celebrating their eighteenth (18th) birthday PLEASE, protect their health and finances with proper legal power(s) of attorney(s).

What is Estate Planning?

I hear this phrase a lot when meeting with parents for their initial appointment “I don’t know, what I don’t know”.

With sites like LegalZoom, BuildAWill, LegacyWriter, and more, the ability to create your Will has never been easier.

Or is it?

Think about the estate planning process being like a day rafting down a new stretch of river. Of course, you can read up about the river on your own. You can post your own questions online. You can even buy all of the equipment you think you will need.

But you are not traveling alone.  Each family member in your boat has different needs, different capabilities, different interests and as a result different questions need to be asked and additional equipment might need to be included.  I am an attorney, with a proven track record working with families such as your own and will know how to cater your personal experience to be as positive, informative and safe as possible. As your guide I will listen to your concerns, anticipate areas you may not have considered and put the correct gear in the boat helping to ensure that everyone has what they each need (whether adult or child) to feel comfortable, protected and educated.

An on-line Will template is not an attorney. The computer generated questionnaire cannot cannot give legal advice of any kind, cannot modify your answers in any way, cannot do any custom drafting that is responsive to your family’s particular set of facts, cannot think “outside the box”, cannot answer any questions and cannot suggest alternatives routes on the fly.

What on-line Will templates seem to want their customers to ignore, is the very simple fact that every family is special and unique. It is very important not to try acknowledge a family into a one-size-fits-all template document.

An attorney is crucial to the personalized and educated planning process. An estate planning attorney knows the questions to ask, and knows what to do with the answers and if a follow up question is necessary. A legal guide can read the hesitation in a parent’s voice or the sideways glance as they struggle to decide who to choose as guardian, trustee or personal representative.

The planning starts with completing a family questionnaire. But those answers are only a starting place to begin a more comprehensive back and forth discussion (not possible with a computer generated form). The in person initial appointment and follow up reviews are where you really get to the heart of what concerns parents have and how best to address them.

Happy to share my most recent NW Kids Magazine Post.

http://www.nwkidsmagazine.com/2015/04/babysitter-instructions-is-no-different-then-drafting-a-will/

Amy has a great blog at the Oregonian. Please feel free to take a peak.

Thank you NW Kids Magazine for asking me to be a contributing author. Looking forward to submitting future posts about Estate Planning for New Parents.

http://www.nwkidsmagazine.com/author/michele-shari/

Michelle-Shari Kruss J.D. (Krusslaw, a boutique Lake Oswego law firm), has more than 18 years of legal-experience. Michelle-Shari is a well-known estate planning attorney helping parents protect their most precious asset: their children. She is a past Juvenile Peer Court Judge, author, frequent guest lecturer, sits on a variety of non-profit boards and is the parent of two lovely children.

Michelle-Shari’s objective is to develop lifelong relationships with her clients, not short-term engagements. It is her goal and the goal of her firm to make the estate planning process as easy, comfortable and enjoyable as possible. The most important qualities she brings to the creation of her client’s documents–besides all the education, training, experience and knowledge—is being a good listener, explaining the myriad of concepts and terminology in simple and straightforward language and preparing personalized Wills that reflect each family’s individual wishes and goals.

When can minors give consent to medical treatment without a parent/guardian?

Oregon law states that minors who are at least 15 years of age can consent to a variety of medical services without consent from a parent or legal guardian (ORS 109.640). 109.640).

Please feel free to take a look at these links.

Please also note that there may have been changes to this area of law since each of these summaries were published.

http://library.state.or.us/repository/2010/201010291227575/index.pdf

http://www.ohsu.edu/xd/about/services/integrity/policies/upload/IRB-SUPP_Help-Sheet-Child-Assent.pdf

 

 

How wonderful it is that nobody needs to wait a single moment before starting to improve the world” Anne Frank

Invited to Podcast on Dads Who Diaper

Hi Michelle-Shari,
I hope you’re having a great week! Just wanted to let you know the
podcast and post is up! I want to thank you again for helping us and
being apart of our “team”. Hope you like it, I’ve pasted the link below.
http://www.dadswhodiaper.com/how-to-pick-a-guardian-for-your-child/
Cheers,
Chad
Co-founder/Editor
http://www.dadswhodiaper.com
Twitter: @dadswhodiaper
Facebook: facebook.com/dadswhodiaper
Disney Baby: http://www.disneybaby.com/contributors/chad-carter/

Thank you Dads Who Diaper (http://www.dadswhodiaper.com) for asking me to weigh in: PARENTING How to Pick a Guardian for your Child July 8, 2014 by Chad

In celebrating the birth and life of a brand new baby, one of the last things (if not at all) on the minds of parents is the idea of picking a guardian for your child(ren) in case of a tragedy.

If it’s your first child you may never have discussed the idea of who may care for your new bouncing baby if you and your spouse were to die. It’s a conversation that isn’t easy to have at any time, but one that could become one of the most important things you do as a parent. Planning ahead and putting your wishes on paper can make a significant impact on your child’s life. In addition, to providing comfort and peace of mind for you.

Choosing a guardian for some may be easy, for others difficult. Spouses often have differing perspectives and ideas about who should become legal guardians, and family can play no small role as well.

Attorney Michelle-Shari Kruss, specializes in estate planning and says start with a list.

“When considering whether someone should be on the list, ask yourself, ‘would they provide a better home for my children than the foster care system?’” While most people you know would likely fall into the “yes” category, take it a step further. List the factors you and your spouse feel are most important in raising your children.

Kruss suggests considering these and more.

Maturity/Patience
Stamina/Age
Child-rearing philosophy
Presence of children in home already
Interest in and relationship with your children
Ability to meet physical demands of child care
Religion or spirituality
Marital or family status
Social and moral habits and values
Willingness to adopt your children
Using those criteria along with your own, you can match each factor with your list of potential guardians to help narrow those who you may choose. If even after all of this, you still are having trouble selecting just one couple or person, Kruss suggests consider a “Guardianship Panel.”

“The panel can consist of family members, loved ones and trusted friends who will decide together as a group who would be the best guardian for your children when and if the time comes.”

You alone are the only ones who can truly decide who is best to potentially raise your children. While the topic is not one new or established parents want to discus, keeping your family together and cared for is an important step parents must consider as they enter the most joyous time of their lives.

You can find more on guardianship and family law from Michelle-Shari Kruss on her blog here.

 

 

A client quote.

“It was overwhelming to think through all of these scenarios, but comforting to see the start of a plan in place”.  Thank you Michelle-Shari for helping us help our family.