Legal Guardianship of a Minor in Ohio

By David Carnes

A guardian must be appointed for a minor under the age of 18 if his parents die or are declared unfit, unless the minor is legally emancipated by virtue of an act such as entering the military or getting married. Ohio law requires a court order to appoint a legal guardian.

Appointment Process

In Ohio, guardians are appointed by the probate courts. The process begins when you file an application for guardianship in the probate court in the county of the child's residence. Each county probate court has its own set of forms that you must complete. Filing fees vary but can exceed $200. The probate court will set a hearing date and notify the child's closest relatives, including any living parents, so that they can contest the guardianship application if they choose. The child may also object to the application; he is also entitled to representation by an attorney. If the guardianship application is successful, the probate court issues an order appointing the applicant as the guardian and the child as a ward.

Guardian Duties

The guardian of a minor ward undertakes legal responsibilities similar to that of a parent towards a child. The guardian is required to act in the best interests of the ward in performing all his duties. He must provide food, shelter, clothing and health care. He must provide education to the extent required by law; he is entitled to make medical decisions on behalf of the ward. If the ward has financial assets, he must manage them in the best interests of the ward.

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Interim Guardianships

If the guardian of a minor child dies, resigns or is declared unfit, an Ohio probate court may use expedited procedures to appoint an interim guardian until a permanent guardian can be appointed. The interim guardian need not be an individual; the court may appoint a social services organization, for example.

Termination of Guardianships

A guardianship for a minor ward is terminated when the ward reaches 18, unless the ward has an impairment, such as mental retardation, that would prevent him from meeting his own needs. If a minor ward marries before reaching 18, the guardian must relinquish authority over the ward's personal needs, but may retain authority only over the management of the ward's financial assets, on the assumption that the ward's spouse will provide for the ward's personal needs.

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Legal Guardianship in Colorado

References

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How to Become a Guardian of a Mentally Disabled Child in Texas

Parents are the natural guardians of their children ("guardian of the person"), and they are authorized to make all decisions relating to the child's health, education and overall well-being until the child turns 18. Parents are not automatically in charge of a child's finances ("guardian of the child's estate"). This means that if a child receives a large sum of money, such as an inheritance, or if a disabled child receives a medical malpractice settlement, the court must appoint a guardian to manage the funds until the child turns 18. The procedure for becoming a child’s guardian in Texas involves taking certain steps, usually in conjunction with advice and assistance from a licensed attorney.

Dissolving Legal Guardianship in Kansas

A Kansas court may appoint a guardian to care for an impaired adult or child whose parents are unfit or unavailable. Such a person is known as a "ward." Guardianships in Kansas are governed by state law. Termination of a guardianship is available on several bases, some of which require a court hearing. Regardless of whether a court hearing is required, termination of a guardianship requires a court order.

Naming a Guardian in Kansas

A legal guardian is a party appointed by a court to care for a minor child or an impaired adult, known as the ward. State law governs guardianship; Kansas guardianship law sets forth comprehensive procedures for naming a guardian. The Kansas state government established the Kansas Guardianship Program to provide guardians for adults who cannot otherwise find guardians.

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