ESTATE PLANNING ATTORNEY · AKRON, OH
Guardianship Designation for Minor Children in Akron, OH
Spatz Law Group helps parents in Akron and across Northeast Ohio name the people they trust to raise their kids, so that choice stays with you, not a judge who never met your family.
Who raises my kids if something happens to us
It's the question that keeps parents up at night, and it's the one most often left unanswered. If both parents are gone and nothing is in writing, the probate court appoints a guardian based on whoever comes forward, and that may not be the person you would have picked. Debra is a mom of five, and she understands how heavy this decision feels. She helps you work through it calmly, so you leave knowing exactly who would care for your children. For the full plan young parents need, see Estate Planning for Families with Young Children.
Raising your kids and managing their money can be two different jobs
The person best suited to raise your children isn't always the best person to manage the money you leave them. Ohio treats these as separate roles, so you can name one person to raise your kids and another to handle their inheritance. Pairing your guardian choice with a trust also means your children don't receive everything outright at 18, and the money is used for their care, schooling and future the way you intended.
Backups, so your kids never end up with someone you'd never choose
Your first choice may move away, get sick, or simply not be able to say yes when the time comes. Naming backup guardians, in order, keeps the decision with you even then. Ohio also lets you sign a separate designation of guardian and file it with the probate court in your county during your lifetime, which for Akron families is Summit County Probate Court, so your choice is already on record if it's ever needed.
Your attorney
Debra A. Spatz
Licensed in Ohio since 2008 · Ohio Supreme Court Reg. #0083356
Chicago-Kent College of Law · University of Illinois, Finance
Meet DebraBefore your first conversation
Talk with your spouse or co-parent about your first choice and a backup. Bring their full names and where they live.
★★★★★Google review
If you are looking for a local estate attorney in Bath, Ohio, Deb Spatz with Spatz Law Group is truly exceptional. I know several people who have worked with Deb, and they consistently share nothing but positive experiences. Deb takes the time to get to know you and your story, allowing her to create a plan that brings real peace of mind for you and your family. She even offers the option to record a legacy video for your loved ones, which is an incredibly meaningful and lasting gift. Do not wait until it is too late. I highly recommend calling Deb today.
Frequently Asked Questions
Does the court have to follow my choice of guardian?
The probate court gives strong weight to the guardian you name in writing, but it must also act in your child's best interest, and your choice must be willing and able to serve. Naming backups and keeping your choice current makes it far more likely your wishes are followed.
What happens to the money I leave my children if I don't set up a trust?
A minor can't manage an inheritance, so the probate court usually appoints a guardian of the estate to handle it, with court supervision and regular reports to the court. When your child turns 18, whatever is left goes to them outright, all at once. A trust lets you choose who manages the money, skip the court supervision, and decide when your children receive it.
What happens if the other parent is still alive?
In most cases, a surviving parent with parental rights keeps custody of your children. Your guardian designation matters when neither parent is able to care for them. If you're divorced or separated, Debra can explain how your designation fits with the other parent's rights.
Should I name a married couple as guardians?
You can, but plan for what happens if they separate or one of them passes away. Many parents name one person from the couple, or say clearly which of them should continue as guardian. Thinking it through now avoids confusion later.
Can I name different guardians for different children?
Yes. Some families name a different guardian for an older child, or for a child from a prior relationship. Keep in mind that splitting siblings up is a big decision, and the court will still look at what's best for each child.
How often should I revisit my guardian choice?
Whenever life changes for you or for them. A guardian who moves out of state, has health problems, divorces or simply gets older may no longer be the right fit. Debra recommends revisiting your guardian choice after any big life change, for you or for them.