Oklahoma Guardianship Attorney
Wanting to care for a loved one who cannot care for themselves is a natural response. In Oklahoma as well as most other states, guardianship does not just refer to minor children. Incapacitated adults that cannot provide also fall under the conservatorship laws. The court may be appoint someone to make important decisions regarding health care, finances, and medical and personal matters. Therefore, a guardian is completely responsible for the welfare of the person they are appointed to take care of. A guardian is specifically defined as someone who is assigned to take care a person or property of another. The person who is assigned a guardian over them is called a ward.
Without a court order, no one has any guardianship power over another. There may be some cases where someone would want to become a guardian, but without legal intervention and a court order, there is no conservatorship. Not everyone wants to become a ward and not everyone wants the power of being a guardian. You may need to speak with an Oklahoma guardianship attorney about your options.
What Kinds Of Guardianships Are There?
There are several types of guardians all that control different things. The different degrees depend on the type of guardianship needed.
General Guardians: Have court appointed responsibility over the person and property of the ward.
Limited Guardians: Have very limited powers of the person and property of the ward.
Special Guardians: A temporary guardian. These are appointed in events like emergencies and usually only last around 30 days. Longer if the situation calls for it. However this time may be used to become the general guardian of the ward.
Regardless of the type, there are still obligations that must be fulfilled and maintained in order to remain the guardian of someone. Oklahoma guardianship attorney Keri Palacios can answer your questions regarding the varying types and what would be best for your situation.
Who Can Be A Ward?
When we think if a ward, usually the assumption is that the person is a minor child. However, there are other circumstances in which a person may be designated a ward by the court. If a person becomes incapacitated due to
- physical illness
- physical disability
- mental illness
- addiction or dependency
- no capacity for health or physical wellness
- lacks communication
- unable to manage financial resources
then they may also become a ward with a designated guardian. If an adult can handle some of these things but not all, they may be assigned a limited guardian.
In the event of minor children, the state holds that the parents are the natural guardians. In some cases, even parents cannot be a full and proper guardian. Events like illness, incarceration, and other situations may result in a family member or friend being assigned guardianship of the child. If the child is 14 years or older, they may have a voice in who that guardian is.
Who Can Be A Guardian?
While parents may be considered natural guardians, this is not always in the best interest of the child(ren). As previously stated, subjects above 14 years old may be able to nominate their own guardians. As far as who can become a guardian, the court does have preference. Those people would be
- The person chosen by the subject
- A previously nominated guardian from another jurisdiction
- A person nominated in a will if the previous guardian is deceased
- The spouse of the subject
- Adult children
- A parent
- A sibling
- Someone with whom the subject was living with for more than 6 months
When it comes to children, Oklahoma courts will always try to stay with family members when possible. This included grandparents, aunts and uncles, older siblings, and adults that are blood related to the child.
Contact A Guardianship Attorney.
Message Keri D. Palacios
Being tasked with the care of another person is a very large responsibility. Guardianships may also be terminated at any time for several different reasons. If you have a question about becoming a guardian or conservator in the state of Oklahoma, call our office today at 918-948-9270 or send us a message here and our Oklahoma guardianship attorneys will be in touch with you soon to talk about your case.