» Guardians for Children

Seven Tips for Choosing a Guardian for Your Children in Your Will

What's your worst fear as a parent? If you're like many people, it's the prospect of dying prematurely and not being able to care for your young children.

Unfortunately, you have limited control over your health and the length of your life. But you have nearly total control over making sure your children are cared for. If anything should happen to you, they'll need a guardian to stand in your place, and you have the ability to choose whom that will be. If you fail to make a choice, a court will decide for you. The person a court decides—typically a close relative—may not be the person you would choose.

Therefore, it's critical that you think about whom to appoint as your child's guardian in your will or power of attorney. Failing to clearly and effectively appoint a guardian can lead to a legal battle that will be devastating for your child and the rest of your family. The de… Read More

How is a Guardian Appointed for a Child When a Parent Dies?

Ohio parents usually intend to create a will and name a guardian in it for their minor children. Unfortunately, we all know someone who has died suddenly and unexpectedly, long before their time. When that happens, and the person who died leaves behind a minor child who does not have a surviving parent, a guardian must be appointed. Even if a guardian is named in a will, the court must approve that selection.

This article discusses the process that must be followed in Ohio probate courts to appoint a guardian for a child whose parents are deceased or otherwise incapacitated.

Guardian of the Person and of the Estate

At this point it should be noted that there are two types of guardian for a minor child in Ohio. You probably think of a guardian as someone who stands in the place of the parent: taking care of t… Read More