"What are the legal documents every parent should have?”

As parents we are supposed to plan ahead and consider the unthinkable. You absolutely must prepare some documents ahead of time to preserve your family’s safety and security. This can save you hours of worry and thousands of dollars.

Lindsay Blanks, a Charleston attorney whose practice areas include wills and estates, offers some answers about what documents parents need. (For more information, visit www.charleston-lawyer.com.)

Court Orders Custody/Visitation Papers

If you have ever been involved in any legal actions with the other parent or your child, always keep a copy of the court order relating to custody and visitation on hand. Assume the following scenario: You and the other parent share custody. One parent says this is my weekend for visitation; you say it’s your weekend. Having a set of custody/visitation papers handy can prevent a nasty fight. You probably should keep a small calendar with the papers, too, so you can refer to it as needed. In a worst-case scenario when the police are called, they may not be able to help resolve the dispute without a copy of the court order. Never call the police to help with visitation unless absolutely necessary. The police may not help even with a copy of the court order, but without it, they absolutely will not help.

Last Will And Testament

Every parent needs a will. If you die without a will South Carolina law will equally divide your estate between your spouse and the children. This can leave the surviving spouse strapped for money since the child’s half of the estate will be inaccessible until they reach the age of 18. This can also lead to some undesirable results, such an 18- or 19-year-old receiving a large sum of money. The child probably is not mature enough at 18 or 19 to handle the money wisely. A will would allow you to parcel this money out so that the child receives part at age 18 (say 25 percent) and the rest later when he is older. If your children are very young you can select someone (called a trustee) to manage the money for the child. Usually the will says the trustee will only use the money for the child’s education or support. This also has the benefit of allowing you to select the person or entity, such as a bank, who will serve as trustee. Having a will also allows you to designate the person you would like to care for your children. The courts do not have to follow your recommendation, but they will consider it. This would give the person you designate as custodian a significant advantage if there is a custody dispute after your death. It is usually best to have a lawyer prepare a will for you to avoid any challenges.

Living Will

A living will is a document that tells the hospital what you would like to do in the event you are severely injured and require life-sustaining measures. For example do you want the hospital to withhold food and water if your death is imminent? Would you want the hospital to keep you alive (provide food and water) if you are in a vegetative state and not going to recover? The purpose of this document is to relieve your family of the responsibility of making these decisions and to make your own wishes known.

Durable Power Of Attorney

A power of attorney allows a person you designate to sign documents and make decisions for you in the event you become incapacitated. For example, if you have a stroke or heart attack your spouse, child or trusted family member might need access to money to pay bills or the right to endorse checks to deposit money in the bank accounts. A power of attorney is a dangerous document because, in the wrong hands, it can be abused. You should be very careful about who you choose to have a power of attorney. I have handled several cases where parents were forced to sue their own children to recover money that was taken through the misuse of power of attorney. Despite its danger, if the power of attorney is carefully drafted it can save thousands of dollars in unnecessary legal fees.

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