Kids Care Plan

Protect Your Children Now — Not After It's Too Late

As parents, you plan for their birthdays, school, and future dreams — but what happens if something unexpected leaves you unable to care for your children? A will or naming godparents alone is not enough under North Carolina law to guarantee that your kids are cared for the way you want. Without proper legal documents, the court could decide who steps in — and that could mean delays, confusion, or outcomes you wouldn't choose.

Our Kids Care Plan gives you essential peace of mind by providing legally binding documents that protect your family now — not just after life's worst happens.

What Is a Kids Care Plan?

Your Kids Care Plan is a customized legal toolkit designed to ensure someone you trust can care for your minor children if you and your spouse are temporarily incapacitated or unable to act due to an emergency.

This plan includes:

✔ Standby Guardian Documents

These documents give a designated adult the legal authority to care for your children immediately if you're suddenly unable to do so — without waiting for a court to act.

Unlike permanent guardianship (which usually takes effect only after death and requires a court decision), standby guardianship lets your chosen caregiver step in right away when you need it most.

✔ Medical Consent Authorization

When you're unavailable, your children might still need urgent medical care. Our plan includes a signed medical consent form that allows your guardian to:

  • Approve medical treatments
  • Communicate with healthcare providers
  • Access medical records
  • Make decisions during emergencies

This prevents hospital or doctor offices from being forced to delay care or refuse treatment simply because you aren't there.

✔ Peace of Mind for Parents and Caregivers

With your Kids Care Plan:

  • Caregivers know exactly what legal authority they have
  • Schools, hospitals, and authorities have the documentation they require
  • You avoid unnecessary court proceedings and delays
  • Your child's best interests and continuity of care are protected

If you don't have these documents in place, even someone you trust might not have the legal right to care for your children in an emergency — and the court could intervene.

Why This Matters in North Carolina

Under North Carolina law, simply naming a guardian in your will or telling family members who you want to care for your children isn't always effective in an urgent situation. The Kids Care Plan goes beyond a will and prepares your family before any emergency so the right person can legally act on your behalf.

Without these documents:

  • Schools and doctors may refuse to release your child to a caregiver
  • Courts may need to step in before your child can be legally cared for
  • Children could temporarily end up in protective care until legal authority is established

Who Should Consider a Kids Care Plan?

Every parent with minor children — regardless of age, health, or lifestyle — benefits from a Kids Care Plan. Life can be unpredictable, and planning ahead ensures your children are never left without someone empowered to care for them.

How to Get Started

At O'Day Legacy Law, we guide you through every step of creating your Kids Care Plan — from choosing the right guardians to preparing and executing the legal documents properly under North Carolina law.

Schedule a consultation today and protect your most important legacy — your children.

FAQ

No. A will only takes effect after death and usually requires court involvement. A Kids Care Plan is designed for temporary emergencies when you're alive but unavailable, allowing your chosen caregiver to step in immediately without delay.

Any situation where you're temporarily unable to care for your children, including:

  • Medical emergencies or surgery
  • Accidents or hospitalization
  • Extended travel or unexpected absence
  • Military deployment

Yes. We can help you name primary and backup guardians so there is always someone legally authorized to care for your child.

Standby guardianship is temporary and designed to bridge the gap until you're able to resume care or a court determines next steps if needed.

Yes. The Kids Care Plan includes properly executed legal documents that schools, medical providers, and authorities rely on to confirm legal authority.

Yes. Even trusted family members cannot automatically make medical or legal decisions for your child without written legal authority.

Don't Leave Your Children Unprotected in an Emergency

Life doesn't give warnings — but your legal plan can.

A Kids Care Plan ensures your children are cared for by the people you trust, with the legal authority they need, exactly when it matters most.

What Documents Can We Prepare?

Foundational Documents

  • Wills
  • Trusts
  • Financial Power Of Attorney
  • Medical Power Of Attorney
  • A Living Will (also called an Advanced Directive)
  • Guardianship Documents
  • Standby Guardianship Documents

Living Trusts

  • Irrevocable Trusts and Revocable Trusts
  • Asset Protection Trust
  • Real Estate Trusts
  • Special Needs Trusts
  • Educational Trusts or Student Fund Trusts
  • Pet & Gun (NFA) Trusts
  • Kids Care Plan

Asset Protection

Asset protection is a critical aspect of estate planning, designed to safeguard your wealth from creditors, lawsuits, and unforeseen financial risks. By implementing effective legal strategies, you can preserve your assets for future generations while maintaining control over how they are distributed. With proper asset protection, your legacy remains secure, no matter what challenges arise.

Kathleen O'Day

Estate Planning Attorney

I'm Attorney Kathleen O'Day. I've lived in North Carolina for 10+ years and have 25+ years experience as an attorney.

My planning approach is like an architect designing a custom home for my clients. In our meeting, we will create a "blueprint" together for your custom estate plan that has the features and benefits you request and need. Then, once we finish the design of your estate plan, I will create an estate plan like a contractor, building it nest egg by nest egg.

What Clients are Saying

"Kathleen and team were terrific partners in helping me craft a comprehensive estate plan. I am so happy that this important effort is completed and I highly recommend the O'Day Law Firm!" – Erin Reiff

"Kathleen is a smart rock star at what she does. She's so easy to work with, legal issues are actually fun with her! She communicates without jargon and confusing legal terms which we really appreciated to help understand the process. Everything was buttoned up and personalized. We've already recommended her in conversations with friends and family." – Laura McGuire

"Working with Kathleen and her team at O'Day Law Firm was amazing. They truly care about their clients and go out of the way to make the process easy. Highly recommend to anyone needing to update their estate plans, create or update their will to contact Kathleen and her team." – Christina Humble

Questions Your Attorney Will Ask You…

  • List of Assets, including approximate value – if you have investment assets, please bring a recent statement from the brokerage house that holds the assets

  • List of names, addresses, and phone numbers for those to whom you plan on leaving assets in a will – usually this is children, relatives, or even charities
  • A copy of the deed to any real estate you own – if you can find it
  • Decide who you want to use as your agent under a power of attorney, and that person's name, address, and phone number, if not included above
  • Decide who you want to be in charge of distributing your assets upon your death, including that person's name, address, and phone number, if not included above

Want to learn more? Join us for an upcoming event.

Pints & Planning

March 25 @ 6:30 pm - 8:00 pm