Kentucky Bankruptcy Law

Counsel with Care

Provide your child with a Guardian:

If you are a parent, you have thought about what would happen to you child should he or she be left parentless. For many single parents, they are skeptical of the other parent’s ability to care for your child in the way you hope. What you want is a standby guardian. The good news is that in Kentucky, you can nominate the person you wish to be your child’s guardian, in the event of your death, through a clause in your will. While this is not binding in the sense that the court has to honor your nomination, they nearly always do honor it absent some clear reason the person you named would not be in the child’s best interest.

The bad news, if the other’s parenting ability is questionable, is that this nomination has no effect if the other parent remains alive and wishes to assume care, custody and control of his or her child. Unless that parent seriously endangers their wellbeing, they will have custody. The best hope here is to try and talk with the other parent and come to an agreement about the guardian for your child should you pass away first. At the very least, try to reach an agreement, and have it reflected in each parent’s will, who the guardian will be should you both predecease the child.

April 29, 2007 Posted by | Estate Planning, Family Law | Leave a comment

Why I use Counselor at Law rather than Attorney at Law:

Occasionally I am asked why I refer to myself as a Counselor at Law rather than Attorney. It is a sublety that most miss, but it actually encapsulates a key philosophy to my practice. An Attorney is an agent. They go and do what they are told to do by the principal. I remember going to an attorney in my prior life over an employment issue. I really needed to understand what was happening, but this highly recommended attorney told me very little. I later realized that this was because he either: 1) did not know what he was doing so stayed silent to look wise, or 2) said very little to minimize any liability on his part.

Anyway, he went and did what I asked him to do, but I was very dissatisfied with the process because I felt very much in the dark most of the time. I mean for my clients to feel informed. This is one thing a counselor does. They help you understand what you are going through.

Secondly, a counselor counsels. In my example above, I sought wise counsel as well as understanding. This is because I was faced with something outside of my experience. I recognize that it was ultimately my decision to make as to whether or not to pursue the matter, but I needed at least some rough estimates about the expected outcomes would be depending on my decision. So, as a Counselor at Law I take the risk I believe my profession calls upon me to take to explain options and the likely outcomes of each.

April 29, 2007 Posted by | Life & Law, Solo & Small Firm | 1 Comment