Visit Us
1350 Euclid Ave., #280 Cleveland, OH 44115
As a parent, your days can be filled with providing for a young child’s needs—waking them up for school, helping with homework, cooking meals, and tucking them into bed. But what happens if you’re no longer around to fulfill that role? Or if an accident or illness renders you unable to make decisions on their behalf?
Estate planning is all about protecting what matters most, and families with children (especially those with minor children) tend to rank their children at the top of that list. In Ohio, proactive estate planning allows parents to nominate trusted individuals to care for their minor children in the event of death or incapacity. Without such a plan, life-altering decisions may fall to the probate court, potentially leading to outcomes that don’t align with your wishes.
In this post, we’ll discuss one of the main reasons why estate planning is important for Ohio families—your children—and how strategic planning can provide peace of mind and security, and allow you to leave a lasting legacy of love.
Imagine this: You and your spouse die in a car accident on your way home from vacation. You never officially named a guardian. Your parents live nearby, but your sibling—whom you always wanted to raise your children—is across the country. A judge may default to the geographically closer relatives without understanding your true wishes. That’s the reality many Ohio families face without a clear estate plan.
Naming a guardian is one of the most significant estate planning decisions parents can make, and part of the reason why estate planning is important. This person will be responsible not just for providing a roof over your child’s head but also for guiding their emotional development, education, healthcare, and more.
Without a legally valid estate plan in Ohio, your child’s future may be decided by a probate judge. Ohio law (Ohio Revised Code § 2111.02) gives probate courts the authority to appoint guardians when a minor is left without a legal caregiver due to death or incapacity of the parents. The court will look to surviving relatives in a predetermined order. However, the court may not have insight into your family dynamics, values, or personal preferences. Also, if the court cannot find a suitable family member to take guardianship of your child, they may be placed in the foster care system until they are 18 years old. As such, by not planning in advance of when your night comes, you could be leaving your children in the wrong hands.
Important Note: Under Ohio law, so long as the court appoints a guardian for a child who is under 14 years old, the guardian will remain responsible for that child until they turn 18 unless the guardian is removed for good cause.
By setting up an estate plan you get to control who has custody of your child after your death. Most people provide for guardianship in their wills. It is important that you designate at least one alternative guardian for your child in your will in case the first guardian you choose dies before you, refuses to serve, or becomes otherwise incapacitated. It is also important that you review your estate documents periodically to ensure that who you wish to be the guardian of your child is still accurate because the person named in your will will become your child’s guardian.
In Ohio, the most common way to name a guardian is through a last will and testament. You can also execute a separate “Nomination of Guardian” document.
Although most people only think of appointing a guardian for your child in case of your death, there are circumstances in which a guardian may need to be appointed if you yourself become incapacitated and cannot care for all your child.
Just like if you died without a will, the court will have to decide if you have not named a guardian for your child. Again, this means that the person the court chooses may not align with your own wishes for your child. Under Ohio law, family members are generally given preference, but it is not guaranteed.
If you have created a comprehensive estate plan, it should include an incapacity plan in which you nominate a guardian for your child if you become incapacitated and cannot make decisions for yourself or for them. This person does not need to be the same person in charge of your financial affairs or healthcare decisions if you become incapacitated. Again, nominating the guardian in this paperwork allows you to make the decision about who cares for your child if you cannot.
It is also important to note that depending on the nature of your incapacity, the need for a guardian may be temporary in which case responsibility for your child will revert to you once you are no longer incapacitated. It is important to review your estate planning documents periodically to ensure that the person you’ve named as a guardian is still alive, willing to serve, and still matches up with your wishes for your child.
Occasionally, parents must travel without their children and leave them in the care of another person temporarily. While no one wants things to go wrong while they are away, it is better to make plans just in case.
Even if you are out of town for a short time, circumstances may still arise in which your child needs parental consent such as for medical care or to participate in a school activity. If you do not provide proper authorization to the person watching your child, they may face roadblocks in getting them thorough medical care or permission to participate in the school activity. This is especially true if your trip will make it difficult for you to be contacted, such as if you were on a cruise or in a remote area. While it is unlikely that medical attention will be denied to your child entirely not giving the proper authorization makes things far more difficult.
Ohio recognizes Limited Power of Attorney for the Care of a Minor Child, which allows you to grant another adult temporary authority to make medical, educational, and other legal decisions while you’re away. These documents are usually valid for six to twelve months and must be updated periodically. Therefore, if you are going on a trip where it will be difficult for you to be contacted, it is advisable that you grant this limited power of attorney to the person you are leaving your child with so that they can do things such as seek medical care or give permission for your child to participate in activities in your absence.
A comprehensive estate plan for families with minor children should include:
In 2021, an Akron couple tragically died in a motorcycle accident, leaving behind two young children. Because they had no estate plan, a contentious guardianship battle ensued between the grandparents and the children’s aunt. Both parties had good intentions, but without legal documentation, the court was forced to rely on testimony and personal judgment. The children spent months in a temporary placement while the case was resolved.
This heartbreaking example underscores the importance of making your wishes known in advance—not just for your peace of mind but to spare your loved ones from unnecessary conflict during an already painful time.
One of the most common myths about estate planning is that it’s only for wealthy families with significant assets. But if you have a child, a bank account, or a car—you have an estate. More importantly, if you’re a parent, you have a responsibility to plan for your child’s future care.
According to various sources, fewer than 40% of Americans have any estate planning documents in place. The number is even lower among parents under 45. That leaves millions of families vulnerable to chaos in the event of an emergency.
Ohio has its own set of probate and guardianship rules. While courts are generally respectful of family preferences, they are limited by statute. Estate planning ensures your voice is heard and your children are protected, no matter what happens.
Key reasons why estate planning is important for Ohio parents:
If you’re a parent in Ohio and haven’t yet created an estate plan, now is the time. Planning ahead means fewer emergencies, less conflict, and greater protection for the people who matter most to you.
At Rhodium Law, we craft estate plans tailored to the unique needs of Ohio families. We’ll walk you through each step, answer your questions, and help you plan, protect, and prosper your child’s future in case the night comes for you unexpectedly. Schedule a strategy session with a member of our compassionate, experienced team today!
