Guardianship in Oklahoma involve an arrangement in which one person (the guardian) is appointed by the court to make decisions on behalf of another person. The other person is called a ward and they are generally unable to make decision because of an incapacity or disability. In Oklahoma, guardianship is a crucial legal tool that can provide protection and support for individuals who are unable to care for themselves. There are many different kinds of guardianships. Understanding the types of guardianship available and the requirements to obtain guardianship is essential to understanding the legal process involved.
Types of Guardianship
In Oklahoma, there are several types of guardianship. Depending on what you are trying to achieve determines the type guardianship you want. For example, each type is designed to meet the specific needs of the individual in question:
- Guardianship of the Person: This type of guardianship grants the guardian authority to make decisions regarding the personal care and well-being of the ward. This is decision making that’s made on a day to day basis. It can involve decisions about medical treatment, housing, education, and day-to-day activities. Guardianship of the person is comprehensive and intended to meet the needs of the ward.
- Guardianship of the Estate: Guardianship of the estate gives the guardian the authority to manage the financial affairs and assets of the ward. This may involve paying bills, managing investments, and making financial decisions on behalf of the ward.
- Limited Guardianship: Limited guardianship grants the guardian authority over specific aspects of the ward’s life, rather than full decision-making authority. This type of guardianship is often used when the ward is capable of making some decisions but requires assistance with others.
- Emergency Guardianship: Temporary or emergency guardianship is appointed for a limited period. It is typically granted in emergency circumstances. The emergency must be immanent and it must be supported by evidence. It may be granted until a permanent guardian can be appointed or until the emergency situation is resolved.
Requirements for Guardianship
Obtaining guardianship in Oklahoma involves a detailed legal process and must meet certain requirements:
- Petition for Guardianship: All things start with drafting a petition. The first step in seeking guardianship is filing a petition with the appropriate court in Oklahoma. This petition outlines the reasons for seeking guardianship and provides information about the proposed guardian and the ward. Further, it may contain exhibits or other evidence for the court.
- Notice: Notice of the guardianship proceeding must be provided to all interested parties, including the ward (if possible), relatives, and any other individuals with a legal interest in the proceedings. There can be as many as two or three notice periods to go through. It’s also best to use a process server to give the notice.
- Evaluation: The court may appoint a guardian ad litem or other professionals to evaluate the situation and provide recommendations to the court. The court appointed guardian is a disinterested third party. they are supposed to give objective opinions in the case. They provide a report to the court regarding the need for guardianship and the suitability of the proposed guardian.
- Court Hearing: A court hearing will be held to review the petition for guardianship and any evidence or testimony provided. The judge will consider the best interests of the ward when making a decision about whether to grant guardianship.
- Bond: In some cases, the guardian may be required to post a bond to ensure that they fulfill their duties responsibly and ethically. Thus, the reality is that most bonds are waived by the judge in the guardianship.
- Annual Reporting: Once guardianship is granted, the guardian is typically required to file annual reports with the court detailing the ward’s status, financial transactions, and other relevant information.
Guardianship Guidance in Oklahoma
Guardianship can provide invaluable support and protection for individuals who are unable to care for themselves. This is usually due to incapacity or disability on the part of the ward. Getting a guardianship in Oklahoma requires that certain procedures are met. Further, by understanding the types of guardianship available and the steps involved you can better serve the person in need. For a Free consultation with a Tulsa guardianship attorney at Divorce Attorneys & Associates call 539-302-0303. Or you can send an online guardianship question by clicking this link.