Guardianship offers legal protection for individuals who are unable to care for themselves or make necessary decisions about their livelihood due to age, illness, mental incapacity, or other disabilities. The legal matters surrounding guardianship can be complicated, and each situation may come with its own set of complex nuances. When faced with these situations, you might find yourself wondering, “What is required for legal guardianship in Oklahoma?”
The reality is that guardianship is not a universal concept. It grows and changes depending on the circumstances of a specific case. Understanding guardianship requires a vast knowledge of the surrounding laws, as well as an understanding of the responsibilities that come along with securing guardianship. Because each case of guardianship or potential guardianship is different, the knowledge of a Tulsa guardianship attorney can prove essential.
Who Qualifies for Legal Guardianship in Oklahoma?
Determining who can have guardianship is crucial to maintaining the well-being and safety of the person in need. The state of Oklahoma lays out specific requirements for those seeking to be guardians. This is a serious role and responsibility not to be taken lightly. For this reason, the state takes its appointment of such roles seriously.
First and foremost, someone petitioning to become a guardian must be a competent and legal adult who is of sound mind. The courts will also dive into the moral character of the individual and analyze their ability to manage finances if the role requires the management of property. They will also determine if the individual petitioning to be a guardian is physically able to take on the role.
Additionally, the courts will take into account the relationship the individual has with the potential ward. Relatives tend to take precedence, especially if the individual seeking to become a guardian is the parent of the minor ward or the spouse or adult child of an adult ward. However, if no family relative petitions for guardianship, the courts have the ability to appoint a professional guardian.
It is important to keep in mind that the courts will act in the interest of the ward. Even if the individual petitioning for guardianship meets all the above requirements, if the courts determine the appointment would not be in the interest of the ward, the individual will not be appointed.
Common Kinds of Guardianship in Oklahoma
The state of Oklahoma recognizes a variety of different kinds of guardianship, each serving a unique set of needs. Common types of guardianship might include:
- General Guardianship: This kind of guardianship grants the guardian command over all financial and personal decisions regarding the ward in cases where the ward is unable to control these aspects themselves.
- Special Guardianship: This kind of guardianship is created when the ward is in need of a guardian for certain special situations.
- Limited Guardianship: This kind of guardianship allows the ward partial control or independence, only giving the guardian control over specific aspects of the ward’s life and well-being.
The Process of Securing Guardianship in Oklahoma
The legal process of guardianship in the state of Oklahoma includes various steps that must be taken. The first step is filing a petition of guardianship with the court, followed by an investigation into your abilities as a guardian and then a hearing. Once the court appoints a guardian, that guardian must swear an oath.
- Filing the Petition: The first step in pursuing the role of guardianship in Oklahoma is to file the necessary petition with the courts. This petition is a formal, legal document that lays out your reasons for why someone might be in need of a guardian and why you are suited for the role.
- Notice of Hearing: Once the petition has been received, the court system will schedule a hearing. The parties involved will be notified of the hearing, including the ward, their relatives, and any other individuals with interest in the petition of guardianship.
- Investigation: An investigator will be appointed to look into the circumstances of the proposed ward and evaluate the need for a guardian.
- Hearing: The judge will review the petition for guardianship during the hearing while taking the investigator’s report into consideration. The judge will also hear testimony from the potential ward and any other relevant parties. They will determine if guardianship is necessary and who should serve the significant role.
- Guardianship Appointment: If the judge decides a guardian is necessary, they will issue an order stating who that guardian will be. This individual may be the person who filed the original petition or someone else.
- Oath: The guardian must then swear an oath stating they will fulfill the duties of their role responsibly.
- Reporting and Oversight: Once appointed to the role, the guardian will commence their required duties, including giving regular reports to the court system. These reports must include the health and well-being of the ward and the condition and management of their affairs.
FAQs
Q: How Can You Become a Legal Guardian in Oklahoma?
A: In the state of Oklahoma, in order to become a guardian, one must petition the courts to explain why they think they are fit to become a guardian and why the proposed ward is in need of one. You must be able to show that you are of sound mind and have the physical and mental capability to take care of the individual who would benefit from the guardianship.
Q: How Much Does It Cost to File Guardianship Papers in Oklahoma?
A: In the state of Oklahoma, the typical court fee for filing guardianship papers for the guardianship can range from $57.00-$204. This amount, however, does not take into account any lawyer fees that may arise during the proceedings for being appointed guardian. Many factors are taken into account when determining the amount one must pay when filing a guardianship petition, including the age of the proposed ward.
Q: How Much Do Guardians Get Paid in Oklahoma?
A: In the state of Oklahoma, guardians are to be paid a reasonable amount for any expenses incurred during the execution of their duties. A guardian’s compensation for their care of the ward should not exceed 7.5% of the ward’s income. This income includes any funds that the guardian accounted for and received on the ward’s behalf.
Q: How Long Does Guardianship Last in Oklahoma?
A: In the state of Oklahoma and in the cases of minor guardianship, the guardianship can last until the minor ward comes of age. In cases of guardianship for an adult ward, the appointment of a guardian can last until the ward’s passing or until the guardianship is terminated for various reasons.
Contact a Trusted Oklahoma Guardianship Lawyer Today
The process of petitioning and appointing a guardian is long and complicated. There are many steps involved that, if taken incorrectly or missed, can cause you to lose out on your chances of becoming a guardian. It is crucial to have the guidance of an experienced Oklahoma guardianship lawyer who can assist you in navigating the process. Contact the Stange Law Firm today to schedule a consultation and see how our services may fit your needs.
