As parents, securing your children’s future can weigh heavily on your minds. While your goal should be to focus a lot of your effort on providing your children with love, support, and care, you should also put some concerted effort into planning for their protection in the unfortunate event of your and your spouse’s death.
When it comes to figuring out how to appoint a guardian for your child if you die or become incapacitated, the most important thing to do is to give yourself time to consider your options thoughtfully. Once you’ve made the decision, you can explore the important steps involved in appointing a guardian, ensuring that your child’s care remains in capable hands, and securing their future no matter what life brings.
The Role of a Guardian in Your Child’s Life
A guardian is an individual appointed to care for and make decisions on behalf of your children when the parents are unable to do so because of a severe illness or death. The designated person will be solely responsible for the children’s emotional, physical, and financial well-being.
Some of these responsibilities include:
- Educational decisions
- Healthcare
- Living arrangements
If you and your spouse fail to appoint a guardian before tragedy strikes, your children could be subject to court-appointed guardianship, which may go against your wishes or values. By not explicitly naming a guardian, the fate of your children’s future is at the mercy of the legal system in your state.
How to Appoint a Guardian for Your Child if You Die
When it comes to legally appointing a guardian for your children, the specific process can vary from state to state. In Ohio, the process will follow this order:
- Create a Will: The first step is to create a last will and testament. In your will, you can specify your choice of guardian for your child in the event of your death.
- Choose a Guardian: After careful consideration, choose a guardian that will be best suited to provide proper care to your children and ensure they are willing to accept the responsibility.
- Consult With an Attorney: Meeting with a family law attorney specializing in Ohio’s legal requirements can help you draft your will and ensure it is properly executed in the presence of two or more witnesses.
- Keep Your Will Safe: Store your will in a safe and accessible location, and inform your appointed guardian where they can find it in the event of an emergency.
It’s important to note that the Ohio courts will consider your wishes and the best interests of the children when making the final decision. The court has the authority to appoint a different guardian if it believes your choice is not in the children’s best interests.
Choosing a Backup Guardian
While the majority of your thought and consideration should go into choosing your children’s primary guardian in the event of your death, it’s also helpful to choose a backup or contingent guardian.
Since circumstances may change over time, your primary guardian may become unfit or unavailable. You can further protect your children’s interests by designating a trusted backup guardian in your will.
By working with a knowledgeable family lawyer, you can more easily navigate the process of creating a will, appointing a guardian for your children, and safeguarding their future in the unfortunate event that something happens to you and your spouse. By working with a trusted lawyer, you can go through the process quickly and efficiently so you can focus on raising your children in the present with the peace of mind that they are protected no matter what life brings in the future.
Schedule a Free Consultation With an Ohio Family Lawyer Who Has Your Best Interest at Heart
At the Law Offices of Kenneth R. Kline LLC, we understand how challenging it can be to plan for your children’s future, especially when you are so focused on the present. Contact us today for a free consultation to discuss your options for creating a will and appointing a guardian for your children.