Committing to an amicable divorce means protecting your children from end-of-marriage related trauma. When the marriage ends in a cooperative manner, divorce can be transformed from a contentious event into one that can inspire growth and healing.

But getting the divorce finalized is only the first step. Where the rubber really meets the road is how you navigate your new relationship as a co-parent.  And co-parenting means both parents must put aside any negativity they may have toward one another, so they can place their children’s needs first.

While this may sound simple, it can be challenging. To help you get started, I’ve outlined six steps that are crucial to a collaborative approach to co-parenting.

  1. Establish a “professional” relationship with your co-parent
    Your marriage with your ex may done, but your relationship as co-parents will last a lifetime. Think of your new co-parenting relationship as a business partnership, where your business is raising successful, well-adjusted children. This professional approach can not only help you become a more effective parent, but it also helps prevent unnecessary conflict over personal boundaries and past problems.

For example, if you schedule a time to pick up the kids, treat it like an appointment with a colleague; don’t blow it off or be late. Be as courteous to your co-parent as you would with any business colleague.

  1. Communicate clearly, cordially, and consciously with your co-parent
    Effective communication is paramount to successful co-parenting. This can present a challenge if poor communication was a primary cause of the divorce. By setting a professional tone, however, you may find communication becomes easier, since it’s free from emotional baggage.

    When communicating, make your kids and their healthy adjustment the focal point. Tailor everything you say in terms of shared responsibility, using terms like “we” and “us,” instead of “you” or “me.” Avoid anything judgmental: stick to the facts and how they affect your children’s well-being.

    Never talk down about your ex in front of the kids, and don’t allow your children to be disrespectful toward your co-parent, either. You never want them to feel like they must choose a side.

Finally, don’t use your children as messengers. Speak directly to the co-parent yourself.

  1. Create a comprehensive parenting plan
    Every successful partnership requires planning, so sit down together and come up with a set of mutually agreed-upon guidelines and routines. This is essential for fostering security and predictability to help the children quickly and comfortably adapt to their new situation.

    The more details the plan includes, the better. Try to anticipate potential problems ahead of time. How will holidays, birthdays, and vacations be shared? How will you resolve major disagreements between co-parents? How will new romantic relationships be handled? Be sure to revisit and update the plan regularly as the kids mature.

    Developing such a comprehensive plan with an ex is challenging, so it’s often helpful to have a third-party present for advice and dispute mediation. As your Personal Family Lawyer, we can bring in trusted colleagues in the community who can help you to develop and maintain conscious co-parenting arrangements while we make sure your estate planning reflects your custody wishes.

Next week, I’ll continue with part two in this series, discussing the other 3 key steps to conscious co-parenting.

Dedicated to empowering your family, building your wealth and defining your legacy,

mother with son doing homework
It’s back-to-school time again, and when it comes to estate planning YOU may have homework to do. As a parent, your most critical—and often overlooked—task is to select and legally document guardians for your minor children. Guardians are people legally named to care for your children in the event of your death or incapacity.

If you haven’t done that yet, you should immediately do so – or come to one of our “Guardian Naming Workshops” and get it done there. Information on our next workshop can be found here.

Don’t think just because you’ve named godparents or have grandparents living nearby that’s enough. You must name guardians in a legal document, or risk creating conflict and a long, expensive court process for your loved ones—all of which can be so easily avoided.

Covering all your bases
However, naming permanent guardians is just one step in protecting your kids. It’s equally important to have someone (plus backups) with documented authority, who can stay with your children until the long-term guardians can be located and formally named by the court, which can take weeks or even months.

The last thing you want is for police to show up at your home and find your children with a caregiver, who doesn’t have documented or legal authority to stay with them and doesn’t have any idea how to contact someone with such authority. In such a case, police would have no choice but to call Child Protective Services.

Closing the gap
This is a major hole in many parent’s estate plans, as we know you’d never want your kids in the care of strangers, even for a short time. To fix this, we’ve created a comprehensive system called the Kids Protection Plan®, which lets you name temporary guardians who have immediate documented authority to care for your children until the long-term guardians you‘ve appointed can be notified and get to your children.

The Kids Protection Plan® also includes specific instructions that are given to everyone entrusted with your children’s care, explaining how to contact your short and long-term guardians. The plan also ensures everyone named by you has the legal documents they’d need on hand and knows exactly what to do if called upon. We even provide you with an ID card for your wallet and emergency instructions to post on your refrigerator, so the contacts and process are prominently available in case something happens to you.

A foolproof plan
With the Kids Protection Plan®, you’ll name one permanent guardian and one temporary guardian, along with two or more backups, in case the primary isn’t available or cannot serve. And we instruct caregivers to NEVER CALL POLICE IF YOU CANNOT BE REACHED UNTIL ONE OF THE NAMED GUARDIANS ARRIVES AND IS PRESENT WITH YOUR CHILDREN.

Finally, if there’s anyone you’d never want raising your children, we confidentially document that in the plan, preventing them from wasting the time, energy, and assets of the people you do want caring for your children.

With us as your personal family lawyer, you have access to the Kids Protection Plan® to ensure the well-being of your children no matter what. As your kids head back to school, do your homework by contacting us today.

Dedicated to empowering your family, building your wealth and defining your legacy,

 

Elderly 91024Caring for an aging parent is a common challenge for Baby Boomers, and now even Gen-X’ers and Millennials. And, stepping in to help manage your parents’ finances, without eroding their sense of independence and privacy can be a tricky endeavor.

Many aging parents are reluctant to ask their children for help with their finances. It means a loss of control, a trading of places (from them taking care of you to you taking care of them), and can feel quite frightening for your parents.

Nevertheless, you may be wondering what you can do when your parents start needing help.

A pile of unpaid bills, threatening calls from creditors or repeated instances of credit card fraud or financial scams are good indicators that your parent needs help managing his or her finances.

Financial caregiving is easiest when you already have a plan in place. You may be in a good position to make educated decisions about their finances, but without the proper information and legal authority, your options are limited.

If your parent needs help, the first step is to make sure you know what they have, where it is, and how you can access it, if necessary.

Next, you want to make sure you know what bills are due, when and that their bills are being paid on time.

Unless you have the legal authority to manage your parents’ finances, you will need their help in getting access to their account and setting up auto-bill pay for them.

When you are ready, the first place to start is with a heart to heart conversation about whether your parent is ready for help and what that help could look like.

Then, if your parent is ready, you can ask him or her (or them) to legally designate you as either the Trustee of their trust or financial power of attorney holder, depending on the issues. And, be sure you are also designed as medical power of attorney, so you can make important care-giving decisions for your parent(s) if he, she or they cannot.

This is also an opportune time for you to consider your own long-term financial planning. By helping your parents and getting your own affairs in order, you are making things as easy as possible for each generation in your family. What an incredible gift!

Dedicated to empowering your family, increasing your wealth and building your legacy,

Marc Garlett 91024

young-family 91024Young families face different estate planning needs and challenges than those who have had a long life behind them. While established families may be concerned about what will happen to their family when they pass on, young, growing families can be more focused on what is happening to their family in the present. And you may even find it hard to justify planning for an “estate” you haven’t yet established!

But here’s the thing … if you have children or anyone else you care about, you may not have an “estate”, but you do need estate planning – if you want to ensure your loved ones wouldn’t be stuck in Court and/or conflict if anything happens to you.

Here are a few estate-planning issues important for young couples to consider as soon as they start a family:

The Care and Custody of Your Children

If you die or become incapacitated before your children reach 18, they will need a legal guardian. To ensure your children are only ever in the care of people you want and choose, you must name both temporary and long-term guardians for your children.

Identifying friends or family as the “godparent” of your child won’t cover it. You need to legally document your choice. And, naming just one person or a couple isn’t enough, either. Name at least 3 options, in case back-ups are needed.

Also, ensure that you have not just named legal guardians in your Will. This is a common mistake for those that do have planning.

If something happens to you and your child is home with a babysitter, or at school, you want to also name local people, friends or family, who would immediately be able to be called upon by authorities. And, those people need to have legal documentation on hand to step in and make immediate, short-term decisions for your littles.

We recommend a comprehensive Kids Protection Plan® to ensure there are no gaps, even for a minute, in the care of the people you love most.

The Management of Your Children’s Inheritance

Remember, when you die, the assets left to your minor children will need to be managed by someone at least until they turn eighteen. If no one is identified for this task, the court steps in and appoints “professionals” to take over the role, which can cost your children their entire inheritance.

And, it’s totally unnecessary. With just a bit of prior planning, you can keep your loved ones out of the Court system entirely and give total control to the people you know, love and trust.

The Authority to Make Decisions for You

Finally, no matter what your age is, or how big or small your assets are, you want to put in place the documentation that appoints the people you would want making decisions for you, if you cannot make your own decisions.

Once again, the focus here is on keeping the people you love out of Court during what would be a hugely stressful time for them.

Estate planning is a key part of growing up and showing up for the people you love. So, yes, you may be a young family, but once you’ve become a family, you’re not too young to plan well to make things as easy as possible for the people you love.

Far from being a morbid task, estate planning can give your young family the peace of mind, confidence, and security you desire when it comes to the future well-being of all members of your family.

Dedicated to empowering your family, increasing your wealth and building your legacy,
Marc Garlett 91024

Queen-LatifahWe may not think about it often, but even celebrities take care of their aging parents. For example, actress, singer, and songwriter Queen Latifah plays an active role in caring for her mother, Rita Owens, who was diagnosed with heart failure more than 10 years ago.

Owens learned of her condition when she passed out at work one day. She moved from New Jersey to California to recover and be close to her daughter. There, Queen Latifah cared for her mom and acted as a coordinator for a network of healthcare providers, family, and friends.

After her recovery, Owens was able to return to her home in New Jersey. Now, the two are working with the American Heart Association to raise awareness of heart failure.

Queen Latifah’s story is far from unique, and can help you remember that if you are a caregiver of an elderly or sick parent, you are not alone. And there are resources available to support you.

AARP reports of a study that found more discontent in relationships between U.S. elderly parents and their adult caregivers than in five other countries. In the U.S., 20% of the relationships were rated as disharmonious. In the five other countries surveyed-England, Germany, Israel, Norway, and Spain-less than 10% were similarly ranked. Here in the US, it is sadly “normal” for caregivers of elderly or sick parents to feel frustrated, unappreciated, and resentful. But, it doesn’t have to be that way. With advance planning, strong communication, and family coordination, the potential for a disharmonious relationship can be greatly reduced.

Proper planning should not only account for the legal issues involved, but also the personal and interpersonal issues, too. Schedules should be worked out, structures put in place, and legal documents prepared. Getting your lawyer involved early in the process ensures all issues are identified, contingencies prepared for, and the transition into caregiving is as easy as possible for both you and your parents.

Dedicated to your family’s health, wealth, and happiness,
Marc Garlett 91024

Diverse Kids 91024When you picture a “normal” family, what do you see? Is it the traditional notion of one male parent and one female parent, two kids, and a family pet? Or do you see something different? Or perhaps you reject the notion of a “normal” family altogether?

Recent court and legislative activity have opened the institution of marriage to same-gender couples. Regardless of your political position or whether you think this is a wise move, it is happening. Today 1 in 4 children under the age of 18 are being raised by single mothers without a father anywhere in the picture. And nearly 30% of all families today are single parent families. Another 5% of children aren’t living with a “traditional” parent at all, but with grandparents or other family members.

Simply put, mainstream society is changing in our country. It’s important to keep that in mind because sometimes (particularly with affluence) we may not always be aware of changes taking place outside our personal norms. Why not? Well, we often attend institutions – like churches and schools, for example-where most everyone else looks and thinks like we do.

While we may feel more comfortable in these arenas, we need to push the boundaries with our kids for their sake. Regardless of our politics, visible American culture is changing. We cannot expect voluntary segregation of our society-by race, socioeconomic status, or any other factor-to continue.

So how can we help our kids be open to cultural and familial differences and to embrace the complexities therein? Children are best prepared through modeling and practice. This is the true inheritance we leave behind.

Be cognizant of the cultural norms you promote without saying a word, through your choice of neighborhoods, entertainment, institutions, and even the company you keep. It is critical that American children remain open to differences and complexities, to enable them to work and play with those who may be different from them as our society moves forward to keep in step with the ever evolving nature of our world.

Ultimately, estate planning isn’t just about passing on your money. It’s about passing on your whole family wealth, which includes your values, insights, stories and experience, most of which is passed on without awareness. When you can bring awareness to estate planning, however, beyond simply the financial pieces, you are giving your children a true gift that doesn’t last just a lifetime, but for many generations to come.

Dedicated to your family’s health, wealth, and happiness,
Marc Garlett 91024

Parenting 91024Laws and rules are created within organized societies to regulate interaction and protect citizens. A classic example is the American system of traffic laws, designed to promote consistent traffic flow while reducing accidents. When everyone understands how a four-way stop works, expectations follow. We learn how to conduct ourselves properly and to anticipate how others will behave.

Likewise, the public school curriculum nurtures expectations-expectations regarding skills which are culturally valued. Our schools promote a model of success in our society. Our students are taught how to succeed (but not so much how to fail, learn from their mistakes, and grow and evolve).

Intentionally or not, our institutions do little to prepare us to make it through failure with grace. Particularly in the middle and upper strata of our society, we are not taught how to deal with failure. There is such a focus on success that many of us have developed aversions to crisis and conflict.

So how can we prepare for adversity? Since our culture is built around success and we are largely taught to avoid failure, how do we learn to overcome it?

This is where conscious awareness comes in.

As parents, it’s our jobs to get highly aware about what we are passing on to our children and how we are doing it, particularly when it comes to models of success and failure.

Many parents don’t really consider what they are handing down to the next generation, beyond thinking about how much money they’ll leave behind. But I believe there’s a much bigger concern here.

Maybe you can remember back to a time in your childhood when you thought to yourself “I’ll never be like that when I’m a parent”, only to find yourself now repeating those exact same patterns. I know I am guilty of that. And of course that’s how those pattern keep getting passed on from generation to generation.

But, once we notice our part in the pattern, we can begin to create change. It won’t necessarily be easy. Many of these patterns — especially around success and failure — are deeply ingrained. Yet through consciousness, I know these patterns can be broken.

That’s why I don’t just focus on passing on my clients’ money through estate planning, but instead have a process for passing on their whole wealth (their intellectual, spiritual and human assets in addition to their financial assets). By doing so, I help parents consciously give their children valuable tools to deal with both success and failure.

Dedicated to your family’s health, wealth, and happiness,
Marc Garlett 91024

bigstock-Holding-Hands-564155If you are like most parents, your primary objective is to support your children to be prepared to handle the pressures of adulthood. And if there is a single human trait which helps to navigate all of life’s stages, it is resilience. Resilience is the ability to bounce back, move forward, and learn from the setbacks in life. As a parent, one of the greatest gifts you can give your child is the gift of learning how to make mistakes, learn from them, and grow as a result.

The foundation for developing resilience in your child is threefold: 1) to develop resilience in your own life; 2) to allow your child the freedom to make mistakes, the security to learn from them and the opportunity to move forward with a clean slate; and 3) to let your children see you make mistakes and role model resilience for them with vulnerable power.

Here’s an example: imagine you face a situation at work that creates adversity for you. You could come home and complain about your coworkers, your boss and your team, or you could take full responsibility for your part in creating the stressful situation and share with your child what you are going to do to face the challenge head on and make it better. And, wherever you notice that you made a mistake or could have done something better, tell your child about it and what you learned as a result.

And of course when your child makes a mistake, celebrate the opportunity to learn, rather than reinforcing the negativity of the experience. Remember, some of the most successful people on the planet failed first. What made them an ultimate success? They had the resilience and support to recognize that failure was simply part of the journey and to keep going.

So how does estate planning fit into developing resilience in your children? First and foremost, resilience comes when your children know that no matter what happens, you love and accept them and will always be there for them. It is having that deep knowing that creates the security that allows your children to take the risks that others can’t or won’t. And I believe that’s the ultimate foundation of true success in life.

When you’ve handled your estate planning and talked with your kids about what you’ve set up (if they are old enough), they get the clear message that you’ve done everything possible to be there for them, even if you cannot be there physically.

And by including them in the process when they are old enough, they began to see that you trust them, that you are working with them to design a future that is positive for your whole family and that you value and respect their input.

To your family’s health, wealth, and happiness,
Marc Garlett 91024

working parents 91024Those of us who work sometimes feel that we are doing our children a disservice (I know I struggle with that feeling occasionally). Sure, we bring home a paycheck that benefits our children, but we may also miss activities or other aspects of their daily lives. This can be especially true in two-earner families (like mine). But in addition to greater financial security, our jobs also provide opportunities for our children to learn many other life skills that they can use throughout their lives.

#1-Responsibility

Being consistently employed and engaged in our work demonstrates an essential life skill to our children: responsibility. Duty and responsibility are implicated in every aspect of human life, from work and family to spirituality and community. Responsibility’s sister traits include punctuality and perseverance, both of which are transferable to all areas of our children’s future lives.

#2-Loyalty

Living successfully and happily requires loyalty and commitment. Many of our relationships expect loyalty from us: employers, business partners, and family members. Loyalty is a measure of respect given to those we care about and those with whom we are interdependent.

#3-Work-Life Balance

You’ve probably heard the phrase “work hard, play hard”. Our kids watch what we do every day. If we work responsibly but take out time to spend with our families and recharge, we set a good example for our kids.

#4-Money Management

One of the best skills we can pass along to our children is money management. With a paycheck comes the opportunity to teach our children about income and expenses. Kids need to understand the basic essentials of finance – especially concepts such as budgeting, income, expenses, and credit. Learning these lessons at an early age can help them avoid financial pitfalls later in life. Also, once they are old enough to understand, don’t be afraid to talk with them about the estate planning you’ve set up for them, in case anything happens to you. It’s a gift to them to know you love and care for them enough to handle your affairs in advance.

#5-Human Nature

When we talk about our jobs and the people we work with, our kids learn a lot about human relationships and coping skills. Many days, there are teachable moments in which we can use our work issues to model life skills such as successful communication and conflict resolution.

Most of us spend the bulk of our waking hours at work. We can use these experiences to help our children learn valuable skills which can be translated to many areas of their lives. Of course, our children naturally want to emulate us so if we do not deal well with work challenges, our children can learn negative skills from us.

So I invite all you other working parents to let go of the guilt, take time to reflect on the effect our actions and behaviors have on our kids, and use our jobs as opportunities to help them build tools for successful futures.

Dedicated to your family’s health, wealth, and happiness,
Marc Garlett 91024

bigstock-Group-Of-Diverse-Kids-Or-Child-4652075My guess is that if we did a poll of every parent we know and asked them what they most want for their children, what we would find at the core is that we all want to raise responsible kids.

We may each have a different definition of what responsible means, but after working with many families to plan for the children’s future, I can say with confidence that raising a responsible child is a hallmark of success for most parents.

Once your child becomes seen and known as responsible, your level of freedom and ease increases substantially.

In service to that, I will be sharing with you a series of articles on How to Raise Responsible Kids, starting with this one.

The first step in raising responsible kids, means truly understanding the meaning of the word “responsible”, so we’ll start there.

The classic dictionary definition of responsible is not really what I am speaking of here.

One dictionary definition of responsible is: “having an obligation to do something, or having control over or care for someone, as part of one’s job or role.”

Many parents confuse the kind of responsible that provides real peace and true security, which I’ll speak to in a moment, with the dictionary definition of responsible, which is more of obligation or duty.

Responsibility based in obligation or duty is not nearly as powerful as responsibility based on inspiration and internal motivation.

True responsibility actually means less about your children’s ability to live up to their obligations, hold down a job in the same way you did, or even re-create the lifestyle you’ve been able to provide for them (though all those things would, of course, be great), and more about your children being able “to be trusted to do what is right.”

Over the rest of this series, I’ll look at several different examples of what this means in various contexts, including money, relationship, and work.

I’m looking forward to exploring this with you as we all strive for the true peace of mind and security that comes with raising responsible kids.

If you have any specific questions or thoughts on this, please let me know so I can address them either individually or in an upcoming article.

Dedicated to your family’s wealth, health, and happiness,
Marc Garlett 91024