Estate Planning for Grandparents Raising Grandchildren: What You Need to Know

When grandparents step in to raise their grandchildren, they need to be prepared for new legal responsibilities and challenges. Navigating these issues can feel overwhelming. However, help is available. A skilled lawyer can help you understand your estate planning options and secure your grandchild’s future.

What are Available Legal Options for Grandparents Raising Grandchildren?

According to AARP, grandparents responsible for their grandchildren must often establish a legal relationship to care for them fully. Without this, you may face difficulties enrolling them in school, getting medical care, or making important decisions on their behalf. Here are the primary options to consider:

1. Guardianship: This legal arrangement allows grandparents to decide about their grandchildren’s health, education, and welfare. However, it is important to note that guardianship doesn’t always sever legal parenthood and may leave the biological parents with some authority.
2. Grandparent Power of Attorney: A power of attorney (POA) for grandparents is much more flexible than guardianship. This makes it suitable as a temporary solution. It confers the power to make decisions, such as enrolling a child in school or seeking medical treatment.
3. Adoption: Adoption is the most permanent option since it legally transfers all parental rights to the grandparents. Once completed, all legal rights to the child transfer from the biological parents to you.

Each of these legal tools comes with specific responsibilities and levels of authority. Therefore, it’s crucial to consult with an estate planning attorney to choose the best path for your family.

Do I Need a Legal Relationship to Enroll My Grandchild in School or Get Medical Care?

In some states, consent laws allow you to enroll a child in school or access medical care without a formal legal relationship. These laws allow caregivers to sign an affidavit confirming they are the primary caregiver, which may be enough to get the child's medical services or educational enrollment. However, these laws vary by state, so you must check the rules in your area or consult an attorney.

Can I Get Financial Assistance While Raising My Grandchildren?

Many grandparents worry about the financial burden of raising grandchildren, especially without formal legal arrangements. Public benefits are fortunately available for children that don’t require grandparents to have custody or guardianship. Programs such as Social Security benefits, child support, or foster care payments can help ease the financial strain. Your income may sometimes not even be counted when determining the child’s eligibility for assistance.

Legal Tips for Grandparents Raising Grandchildren

An article from the Chillicothe Gazette discusses an interview with Southeastern Ohio Legal Services attorney Sierra Cooper, where she covered adoption by grandparents. Among other topics, Sierra discussed how the power of attorney or caretaker authorization could provide a quicker route to gaining legal rights.

Sierra also discussed guardianship and adoption as complex but more permanent options. While the process can be challenging, legal tools are available to provide simple, short-term answers as well as enduring solutions.

How Can Estate Planning Help Grandparents Prepare for the Future?

Estate planning goes beyond simply caring for your grandchild while you’re alive. A solid estate plan will make all the difference if something happens to you. You can outline a guardian and backup guardian to take over raising them or establish a trust to manage their inheritance.

Grandparents may also want to consider durable powers of attorney and advance healthcare directives for themselves. These documents outline your wishes in case of an emergency.

Key Takeaways:

• Guardianship provides authority: Gives grandparents the legal right to make important decisions for their grandchildren.
• Power of attorney offers flexibility: It is a quicker way to handle medical and school matters without permanent legal arrangements.
• Adoption secures permanency: Fully transfers parental rights, ensuring long-term stability for grandchildren.
• Financial assistance is available: Various benefits and programs can help grandparents manage the financial strain of caregiving.
• Estate planning ensures the future: Preparing a will or trust secures your grandchildren’s care and financial needs after you’re gone.

References: AARP (Aug. 11, 2011) “Raising Grandkids: Legal Issues” and Chillicothe Gazette (Oct. 8, 2018) “Need to help care for grandchildren? Here's some legal tips”