Guardianships

In this week's post, we'll be going over the basics of guardianships in Oklahoma. Read on to learn more!

A guardianship, sometimes also called a conservatorship, is an important legal device that can be used to help someone when they are unable to make decisions for themselves. The Oklahoma Guardianship and Conservatorship Act allows a trusted family member or friend to step in as the "guardian" for a minor as well as a fully or partially incapacitated adult, called the "ward." Guardians are indefinitely responsible for the general welfare of the ward as it pertains to their personal, medical, and financial needs. A minor may benefit from a guardianship when his or her parents are unable to provide proper care. When someone lacks understanding or capacity to make and communicate decisions due to impairment, for example from physical or mental illness, they are considered incapacitated, and as such may also benefit from a guardianship. 

Guardianships can only be granted by a court order. The court oversees the guardianship process, which includes the appointment of a guardian. This process involves filing a petition with the court, completing a background check, and going to a court hearing. Not everyone may qualify to be a guardian and certain individuals may take priority of appointment. Priority is given first to the person nominated by the ward, then to the person nominated in the Last Will and Testament of the deceased parent or caregiver of the ward. Next, priority is given to the spouse of the ward, then to the adult child of the ward, followed by the parent of the ward, and finally to the sibling of the ward. The court can hold guardians liable if it's found that they violated their duties to the ward. The court also oversees the termination process of all guardianships, which requires a court order. A guardianship may terminate if the guardian is not performing their duties or if the court determines that one is no longer necessary. 

Oklahoma recognizes three types of guardianships: general, limited, and special. With a general guardianship, the guardian has all powers available under the law pertaining to the ward and all of the ward's property located in Oklahoma. A limited guardianship, on the other hand, limits the guardian's control over the ward and the ward's Oklahoma property so that the guardian has only those specific powers as granted by the court's order. A special guardianship is granted for emergency purposes and typically does not last longer than 30 days.