Guardianship Attorneys Explain the Process to You
Ohio Family Law Firm Assists With Guardianship of Children
When parents die or unable to act in their children's best interests, minor children may need to have a legal guardian appointed for them. The state of Ohio provides for two types of guardianships in such cases:
- A guardianship of the person – a guardian who protects and makes decisions for the benefit of the minor children based upon their best interests. The guardian of the person is responsible for providing suitable care and education for the minor children, depending upon the assets held by the guardian of the estate.
- A guardianship of the estate – a guardian who collects and inventories the property left to the minor children. Any and all funds the guardian receives must be placed in an Ohio bank and must be invested in a lawful way not subject to large market fluctuations, and must not be spent on behalf of the minor children without prior court approval.
Appointing a Guardian
The court may appoint one person to be the guardian of the person and another person to be guardian of the estate, or one person can serve as both the guardian of the person and the guardian of the estate.
The selection of a guardian is usually set forth in a will, but it can also be made through a separate document that must be dated and signed by the individual nominating the guardian, and must also be witnessed by two disinterested persons.
How Long Do Guardianships Last?
Both types of guardianships continue until the minor children reach the age of majority, 18 years of age in Ohio, unless a child has a mental or physical disability that requires the guardianship continue into adulthood. In this case, a new guardianship application must be filed because a minor guardianship cannot transfer into an adult guardianship without a separate court order.
If you have questions regarding guardianships for children, the attorneys at Manning & Manning, LLC will provide you with competent legal advice. Contact them online or call 440-290-5970 to set up your free initial consultation today.