As parents in Raleigh, we all want to believe we’ll always be there for our children. But responsible parenting includes preparing for the unthinkable. Without proper legal planning, your children could temporarily end up in Child Protective Services if something happens to you, even if you have family nearby.
A comprehensive Kids Protection Plan® goes beyond a simple will to ensure your children are never left in the care of strangers or family members you wouldn’t choose. This guide outlines the essential elements every Wake County parent needs in their protection plan.
Naming Guardians Legally in NC
In North Carolina, properly naming legal guardians for your children involves several critical steps:
- Identify primary guardians – Choose people who share your values and parenting philosophy. Consider their physical and emotional capacity to raise your children, as well as their geographic location and family situation.
- Document your choices legally – In North Carolina, guardian nominations should be documented in your will, but this alone is insufficient for complete protection. According to the North Carolina Judicial Branch, your Kids Protection Plan® should include additional legal documents that work immediately if you’re incapacitated.
- Create temporary authorization – Develop legal documents that authorize short-term guardians to care for your children until your permanent guardians can arrive, particularly important for Wake County families whose chosen guardians live out of state.
- File exclusion declarations – If there are specific family members you would never want raising your children, proper legal documentation can help prevent a court from choosing them, even if they are the closest relatives.
- Include detailed qualification statements – Explain to the court why your chosen guardians are qualified and why any excluded individuals shouldn’t be considered.
Remember that in North Carolina, the court makes the final decision on guardianship based on NC General Statute Chapter 35A, but properly executed legal documents significantly influence this decision in favor of your choices.
Beyond Guardians: Care Instructions
Guardian nomination is just the beginning. A complete Kids Protection Plan® includes detailed instructions about how you want your children raised:
Medical care preferences – Document your wishes regarding healthcare decisions, including preferred providers, medical treatments, and religious considerations that affect medical care. The American Academy of Pediatrics recommends maintaining detailed medical information for caregivers.
Educational continuity – Specify your preferences about schools, educational approaches, and activities you want maintained. This is particularly important for Raleigh families with children in specialized programs or Wake County Public Schools or private schools.
Religious and cultural upbringing – Provide guidance about religious education, cultural practices, and traditions you want preserved.
Daily routines and comfort items – Include information about bedtime rituals, favorite toys, foods, allergies, and other details that will help maintain stability during a traumatic transition. The National Child Traumatic Stress Network offers guidance on maintaining stability during family transitions.
Access to family connections – Detail relationships you want maintained with extended family members, close friends, and community connections that are important to your children’s sense of identity.
These instructions help your chosen guardians maintain consistency in your children’s lives during an incredibly challenging time, reducing trauma and providing security when they need it most.
Backup Plans for the Unexpected
Life is unpredictable, and your Kids Protection Plan® should account for various scenarios:
Secondary and tertiary guardians – Name at least two backup guardians in case your first choice is unable or unwilling to serve when needed. Many Raleigh parents create a list of 3-5 options in order of preference.
Emergency guardian cards – Carry wallet-sized cards identifying short-term guardians authorized to care for your children if you’re in an accident. These cards prevent police or medical personnel from calling Child Protective Services when you’re temporarily unable to care for your children.
Caregiver authorization forms – Create legally valid documents authorizing caregivers like babysitters or relatives to seek medical care for your children if you can’t be reached. The American College of Emergency Physicians recommends having proper authorization forms available for all caregivers.
Financial support mechanisms – Establish financial resources your guardians can access immediately to care for your children, rather than waiting for probate or trust distributions. This might include life insurance policies, specialized trusts, or other financial tools recommended by the Consumer Financial Protection Bureau.
Regular review schedule – Set calendar reminders to review your Kids Protection Plan® annually and after major life events (births, deaths, divorces, relocations) to ensure it remains current with your wishes and circumstances. The NC Department of Health and Human Services offers resources for parents planning for their children’s care.
These backup measures create layers of protection that function in different scenarios, from temporary emergencies to permanent guardianship transitions.
Why The Walls Law Group Is Your Partner
Creating a legally sound Kids Protection Plan® requires more than downloading forms from the internet. Wake County parents need personalized guidance from attorneys who understand North Carolina guardianship laws and the local court system.
At The Walls Law Group, we focus on creating comprehensive protection plans that address both obvious and overlooked vulnerabilities. Our approach includes:
Personalized planning sessions – We take time to understand your family dynamics, values, and concerns to create truly customized protection documents.
Legal expertise specific to NC – Our team stays current with North Carolina guardianship laws and Wake County court procedures to ensure your documents will function as intended when needed.
Complete document preparation – We prepare all necessary legal documents, including temporary authorization forms, exclusion declarations, and detailed instructions that courts and guardians will respect.
Ongoing support – Family circumstances change, and we provide regular review opportunities to keep your plan current as your children grow and your family evolves.
Peace of mind – The greatest gift of a proper Kids Protection Plan® is knowing your children will always be cared for by people you trust, according to your wishes.
Don’t wait to protect what matters most. Contact our Raleigh office today to schedule a Kids Protection Planning session. The process is more affordable and straightforward than most parents expect, and the peace of mind is invaluable.
For additional resources on planning for your children’s future, visit the North Carolina Bar Association’s public resources page or the Legal Aid of North Carolina family resources.
Your children deserve the protection that only proper legal planning can provide. Don’t leave their future to chance or to a judge who doesn’t know your family.