In Oklahoma, a guardianship is a legal relationship in which a person, known as the “guardian,” is appointed by the court to make decisions and take care of the personal and/or financial matters of another individual, referred to as the “ward.” Guardianships are typically established when the ward is unable to make or communicate decisions due to a physical or mental incapacity, or because the ward is a minor child.
Oklahoma recognizes two main types of guardianships:
To establish a guardianship in Oklahoma, an interested party must file a petition with the appropriate court. The court will review the petition and determine whether a guardianship is necessary and in the best interests of the ward. The court will also assess the qualifications and suitability of the proposed guardian. Typically, the ward’s incapacity must be supported by evidence or testimony.
Once appointed, the guardian assumes certain responsibilities and duties towards the ward. These may include ensuring the ward’s safety, providing for their physical and emotional needs, making healthcare decisions, managing finances, and reporting to the court periodically as required.
Limited Guardianship: In some cases, the court may establish a limited guardianship, where the guardian’s authority is restricted to specific areas of decision-making or certain aspects of the ward’s life. This type of guardianship is designed to allow the ward to maintain as much independence and autonomy as possible.
A guardianship in Oklahoma may be terminated if the ward’s capacity improves, the ward reached the age of majority and becomes an adult, the ward passes away, or if there are compelling reasons to modify or end the guardianship. The court has the authority to modify or terminate the guardianship upon proper petition and evidence presented.
It’s important to note that guardianships involve significant legal responsibilities, and the process can be complex. Seeking the guidance of an attorney experienced in guardianship law in Oklahoma is recommended to navigate the legal requirements and ensure the best interests of the ward are protected.
The Smith Firm attorneys are experienced and prepared to assist you in your guardianship matter. Schedule a consultation with The Smith Firm today.