I have children with my ex-wife and I want to make sure that my kids are cared for if something happens to myself or my ex-wife. It’s complicated since we both have new spouses. What can I do?

The first thing that I would do is create a Medical Authorization naming your new spouse to consent to medical treatment for your children.  If you or your ex-partner are out of town or otherwise unavailable to make an emergency medical decision for your child, this document will ensure that stepmom or stepdad are legally authorized to care for them.  This document will also authorize any hospital that has treated your child to surrender physical custody of them to their step-parent.

The next thing I would do is sit down with your ex-partner and decide who you want to be the physical guardian of your children if both of you were to pass away.  It is best if you can both agree on this and sign a Nomination of Guardian together.  Finally, setting up a Children’s Trust will allow you to authorize an individual to manage your assets and financially provide for your children in the event of your death.  For more information, contact our office to set up a free 20-minute consultation.