Oklahoma law provides specific direction on how you may seek the legal right to provide personal care for those who cannot care for themselves. This includes the ability to provide personal care, but also the ability to safeguard any financial matters for the person in need.
These are situations where you may need to provide care for minor children that are not your biological children. They may be your grandchildren, your nieces or nephews, and sometimes even a step-child when the biological parents are not currently in a position to provide that care. Should you find yourself needing information about becoming the guardian of a minor child you should prepare to offer the following:
These are situations where you may need to provide care for an adult who is unable to fully care for themselves. They may be your parents, aunts or uncles, or a special needs child of your own who is unable to live independently. Should you find yourself needing information about becoming the guardian of an adult you should prepare to offer the following:
Under Oklahoma law, guardianships are temporary in nature. Should your situation change in a way that makes the guardianship no longer necessary, or you are unable to fulfill your duties as a guardian, the law provides specific steps to terminate the guardianship. Persons who may apply to the Court for a termination of guardianship:
Every guardianship has specific facts related to the person in need of care. There may be issues of inadequate care in their past or exposure to traumatic events. We have seen cases with financial abuse of an elderly person that need to be corrected. Our team is prepared to assist you through every step of the process to ensure that a person who needs a guardian may receive the proper paperwork for that to happen.
Custody is decided between a child's parents. A guardianship gives someone who is not the parent, such as a grandparent, aunt or family friend, the legal authority to care for a child or an incapacitated adult. A guardianship of a minor does not end the parents' rights; it fills in while the parents are unable to provide care.
It depends on the situation. When a child or adult is in immediate danger, the court can grant an emergency or temporary guardianship within days. A general guardianship requires notice to the parents and other interested relatives, background checks and a hearing, which usually takes several weeks to a few months.
Consent makes the case much simpler and faster. If a parent objects, the court holds a hearing and decides whether the guardianship is necessary for the welfare of the child. Our attorneys handle both agreed and contested guardianships in Tulsa County and the surrounding counties.
No. The parents keep their rights and can ask the court to end the guardianship when they are able to resume caring for the child. Only an adoption or a separate termination of parental rights case ends those rights.
A guardian must file an annual report with the court about the ward's condition and care, manage the ward's money and property carefully and keep records, obtain court approval before major decisions such as selling property, and keep the court informed of any change of address for the guardian or the ward.
Sometimes. If your parent still has the capacity to sign documents, a durable power of attorney and an advance directive for health care can cover most decisions without a court case. Once capacity is lost, those documents can no longer be signed and a guardianship is often the only option. Read our guide on securing guardianship for an aging parent.
