Contingency planning for undocumented individuals is more important now that it has ever been. Recent changes in the political atmosphere of United States immigration laws have alarmed many families in the U.S. who may have undocumented family members. The question of what happens to an individual’s property, children, and other assets requires serious consideration. This article will focus on some practical considerations that should be made by undocumented individuals who may be at risk of removal or deportation from the United States.
Executing a Power of Attorney During Contingency Planning
Oftentimes, an undocumented parent may have U.S. Citizen children. As a parent, it is very important to understand what could happen to your children if you are ordered removed from the United States. Who will take care of them? Will they still be allowed to go to the same school? What if they have medical needs which need to be addressed? These questions are an important aspect of contingency planning.
This is why it is important to execute a financial power of attorney which will designate a trusted caretaker for your children. This way,your child’s caretaker will be able to access some of your money to help take care of your child and they would be authorized to make certain decisions in the child’s best interests. It would be wise to consult with an attorney who could explain what the power of attorney entails and what kind of authority you are granting to the designated caretaker.
Who to Choose as a Caretaker?
During contingency planning, identifying a caretaker for your children is a difficult task. The caretaker should be a person who is not only willing to take care of your child for an indefinite period of time, but a person whose living arrangements and whose household is in accordance with your preferences. It is important for a caretaker to have a list of information about your child, such as:
- Your child’s school information;
- Medical needs and information pertaining to any health conditions;
- A list of emergency contacts;
- Helpful things to know about your child.
Creating a Central Location for Important Documents
Because of the immediate impact which a deportation order can have on a family, it is very important for those left behind in the United States to have access to vital information such as:
- Birth certificates for all family members (with translation, if necessary);
- Any immigration records for family members;
- Titles to property;
- Prescription and Health records;
- Password and Login information;
- Contact information for individuals in country of origin, where parents may be staying with after they comply with an order of deportation;
- Instructions on how to access emergency funds;
- Contact information for your family’s immigration attorney.
If you or someone you know is interested in setting up a power of attorney or other contingency planning, consider setting up a consult with an attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries.
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