If you have an estate plan in Ohio, you may have designated a guardian for your minor children or for yourself in case of incapacity. Guardianship designations are important to ensure that your wishes are respected and that your loved ones are protected.
However, life circumstances may change, and you may want to change your guardianship designation at some point. For example, you may have moved to a different state, divorced or remarried or your designated guardian may have become unavailable or unsuitable. How can you change the guardianship designation in your Ohio estate plan?
Minor children
If you have minor children, you can name a guardian for them in your will or in a revocable living trust. To change the guardian for your minor children, you need to update your will or trust document. You can do this by executing a new will or trust that revokes the previous one, or by executing a codicil or amendment that modifies the existing document.
Changing your guardian
If you have an estate plan in Ohio, you may have also designated a guardian for yourself in case of incapacity. To change the guardian for yourself, you need to update your estate planning documents that include a guardianship designation.
These may include a durable power of attorney, a health care power of attorney, a living will or a revocable living trust. You can do this by executing new documents that revoke the previous ones, or by executing amendments that modify the existing documents.
Notice
You should also inform the person you have chosen as the new guardian and make sure they are willing and able to serve. You should also inform the person you have removed as the guardian and explain your reasons.
Enforceability
However, changing your guardianship designation does not guarantee that the court will appoint the person you have chosen as your guardian if you become incapacitated. The court has the final authority to appoint a guardian based on what is in your best interest. The court will consider your wishes, but it may also consider other factors, such as the suitability of the potential guardian, their relationship with you, their availability and willingness to serve and any objections from other interested parties.
Therefore, it is important to communicate your wishes clearly and frequently with your family members, friends and health care providers. You should also review your estate plan regularly and update it as needed to reflect any changes in your situation or preferences.