Ohio law expands grandparent authority in child medical and educational decisions

On April 9, 2025, the Ohio Legislature introduced Senate Bill 174, a significant piece of legislation aimed at clarifying the rights and responsibilities of grandparents acting as caregivers for their grandchildren. This bill seeks to streamline the process by which grandparents can obtain power of attorney for medical and educational decisions, thereby addressing the growing need for alternative guardianship arrangements in families.

The primary provisions of Senate Bill 174 allow grandparents to act as attorneys-in-fact for their grandchildren, enabling them to make crucial decisions regarding healthcare and education. Notably, the bill stipulates that school districts must honor the decisions made by grandparents under this power of attorney, provided that the necessary documentation is completed and notarized. Additionally, the bill ensures that school officials and healthcare providers who rely on this power of attorney in good faith are protected from civil or criminal liability, fostering a more supportive environment for grandparents stepping into caregiving roles.

One of the key issues this bill addresses is the increasing number of grandparents who are raising their grandchildren due to various circumstances, including parental absence or incapacity. By simplifying the legal framework for grandparents, the bill aims to reduce barriers to accessing essential services for children, thereby promoting stability in their lives.

However, the bill has not been without controversy. Some lawmakers and advocacy groups have raised concerns about the potential for misuse of power of attorney arrangements, particularly regarding the rights of biological parents. Critics argue that the bill could inadvertently undermine parental authority and complicate custody arrangements. In response, proponents of the bill emphasize the importance of safeguarding children's welfare and ensuring that loving family members can step in when needed.

The implications of Senate Bill 174 extend beyond legal technicalities; they touch on broader social issues, including the changing dynamics of family structures and the increasing reliance on extended family members for child-rearing. Experts suggest that this legislation could lead to improved outcomes for children in non-traditional living situations, as it provides a legal framework that recognizes the vital role grandparents can play.

As the bill moves through the legislative process, its future remains uncertain. Lawmakers will need to balance the interests of grandparents seeking to support their grandchildren with the rights of biological parents. The ongoing debates surrounding Senate Bill 174 highlight the complexities of family law in Ohio and the need for thoughtful solutions that prioritize the best interests of children.