In Oklahoma, when an adult parent can no longer make sound decisions due to illness, disability, or cognitive decline, a child may petition the court for guardianship. This process gives the guardian legal authority to make certain decisions on the adult’s behalf. If you’re in Tulsa and wondering how to get guardianship over your parent, understanding Oklahoma’s guardianship laws and procedures can help you navigate this sensitive process with clarity and confidence.
What Is Adult Guardianship in Oklahoma?
Adult guardianship is a legal arrangement established under Title 30 of the Oklahoma Statutes, where a court appoints one person (the “guardian”) to make decisions for another adult (the “ward”) who has been found legally incapacitated or partially incapacitated.
A guardianship is meant to protect adults who can no longer make safe, informed decisions regarding their health, finances, or living arrangements. Guardianship can be limited (covering only specific areas such as finances or medical decisions) or general (covering all major life decisions). The goal of the court is to preserve as much independence for the ward as possible, while still ensuring their safety and well-being.
When Is a Guardianship Needed?
Guardianship may be necessary when an adult parent:
- Has advanced dementia or Alzheimer’s disease;
- Suffers from mental illness that impairs decision-making;
- Has a developmental disability or brain injury; or
- Is otherwise unable to manage personal, medical, or financial matters safely.
For instance, if your parent forgets to pay bills, neglects medical appointments, or is easily taken advantage of financially, a guardianship may be needed to protect their interests.
However, guardianship is considered a last resort. The court will explore whether less restrictive alternatives—like a power of attorney, joint bank account, or representative payee arrangement—could meet your parent’s needs before granting a full guardianship.
Step 1: Filing a Petition for Guardianship in Tulsa County
To begin the process, you must file a Petition for Appointment of Guardian in the Tulsa County District Court. The petition must include:
- The name, age, and address of your parent (the proposed ward);
- The reasons you believe your parent is incapacitated;
- The type of guardianship you are requesting (limited or general);
- A statement describing your relationship to the parent; and
- The proposed guardian’s qualifications and contact information.
The petition should also list any next of kin (such as siblings or other adult children) and explain whether they consent to or object to the guardianship. Upon filing, the court will assign a case number and schedule a hearing date.
Step 2: Providing Notice to Relatives and Interested Parties
Oklahoma law requires that certain people receive formal notice of the guardianship proceedings. This includes the proposed ward (your parent), adult siblings, and other close relatives.
The court may appoint an attorney for the ward (if they don’t have one) to ensure their rights are protected. If there are family disputes or concerns about the proposed guardian, these issues are typically raised before or during the hearing.
Step 3: Medical or Psychological Evaluation
The court often orders an evaluation by a licensed physician or psychologist to assess your parent’s mental and physical capacity. The evaluator’s report helps the court determine whether guardianship is necessary and what type of authority should be granted.
The evaluation should address:
- Whether the parent understands their decisions;
- Whether they can manage their finances;
- Their ability to meet personal needs; and
- The level of support required to ensure their safety.
This step is crucial because the court must make a finding that your parent is legally incapacitated before appointing a guardian.
Step 4: The Guardianship Hearing
At the hearing, the judge will review evidence, hear testimony, and determine whether guardianship is warranted. You (the petitioner) will explain why guardianship is necessary and show that you are suitable to serve as a guardian.
If other relatives object, the court may hold a contested hearing, where both sides can present evidence. The court may also consider whether a limited guardianship would meet your parent’s needs instead of a full one. If the court grants guardianship, the judge will issue Letters of Guardianship, which legally authorize you to act on your parent’s behalf.
Step 5: Fulfilling Your Duties as Guardian
Once appointed, you must take an oath to faithfully perform your duties and may be required to post a bond (especially if you will manage your parent’s financial assets).
As a guardian, your responsibilities may include:
- Making medical and health care decisions;
- Managing income, property, and expenses;
- Arranging safe housing and daily care;
- Filing required court reports and accountings; and
- Acting in your parent’s best interests at all times.
The court retains oversight through periodic reviews, ensuring the guardian continues to act responsibly.
How Long Does the Process Take?
The timeline can vary depending on whether the guardianship is contested and how quickly documentation (like medical reports) can be completed.
In uncontested cases, guardianship can often be finalized within 30 to 60 days. However, if there are family disagreements or challenges to capacity, the process can take several months.
In emergencies—such as when your parent is in immediate danger—the court can issue a temporary (emergency) guardianship, typically valid for up to 30 days.
Tulsa Guardianship Attorneys
Obtaining guardianship of an adult parent in Tulsa is a significant legal step that should be taken only when necessary. The process is designed to protect vulnerable adults while respecting their independence and dignity. With the help of an experienced guardianship lawyer, you can ensure your parent’s needs are met and their rights preserved. If you want to discuss getting guardianship of an adult parent, contact us today at Tulsa Divorce Attorneys & Associates by calling 539-302-0303 or contact us online.