How to Get Legal Guardianship in Oklahoma?

At Yarborough Law Group, our Oklahoma City family law attorneys frequently guide clients through the complex process of obtaining guardianship. Whether you're seeking guardianship of a minor child or an incapacitated adult, understanding the legal requirements and procedures is crucial for a successful petition.

What Is the Purpose of Legal Guardianship?

Legal guardianship is a temporary arrangement where someone other than a child's parents or an incapacitated adult's family members take responsibility for their care.

A guardian assumes the powers and responsibilities to make decisions about the ward's physical health, education, and financial resources. The court appoints guardians when necessary to ensure the ward's well-being and protect their interests.

Types of Guardianship Available in Oklahoma

The Oklahoma court system recognizes several types of guardianship:

• General guardianship: Gives the guardian complete authority over the ward's person and property.
• Limited guardianship: Restricts the guardian's powers to specific areas of decision-making, allowing the ward to retain some autonomy.
• Special guardianship: A temporary arrangement lasting up to 30 days for emergency situations.
• Emergency guardianship: Similar to special guardianship but specifically for urgent circumstances requiring immediate action.

Determining which type of guardianship is appropriate in a given situation requires an in-depth investigation into the potential ward’s health, capabilities, and needs.

Steps to Becoming a Legal Guardian for a Child

The process of becoming a legal guardian involves several crucial steps:

1. Initial Assessment

Determine whether guardianship is truly necessary and whether you qualify as a proposed guardian. Courts consider factors like your relationship with the child, financial stability, and ability to provide care.

2. Background Checks

Complete required background screenings, including:

• OSBI criminal history check.
• FBI fingerprint-based background check.
• Child abuse and neglect registry check.

These screenings are essential for proving your eligibility for holding the responsibility of guardianship.

3. Documentation Gathering

Collect important information about:

• The child's birth date and current living situation.
• Previous living arrangements for the past five years.
• The child's parents' whereabouts and status.
• Any existing court orders or legal proceedings.
• Native American tribal affiliations, if any.

Proper documentation assists the court in assessing your request and streamlines the approval process.

4. Court Filing

Submit your guardianship petition and supporting documents to the district court in the appropriate county.

Filing a Guardianship Petition

The guardianship petition must clearly state why guardianship is "necessary or convenient" and in the best interests of the ward.

Key components include:

How to Gain Guardianship: Forms and Documentation

Working with the court clerk, you'll need to prepare several legal documents:

• Verified Petition for Guardianship
• Notice of hearing
• Letters of guardianship
• Plan for care and treatment
• Background check submissions
• Financial accountability forms

Your lawyer can help you fill out the necessary documents and file them correctly.

The Guardianship Hearing Process

Being ready for your guardianship hearing is essential. With enough preparation, you can help ensure that your hearing goes smoothly.

Preparation

Preparing for your guardianship hearing requires thorough documentation and evidence collection. The court will expect you to present witness testimonies from people familiar with the situation who can speak to your capability as a guardian and the ward's needs.

If applicable, you'll need to gather relevant medical records documenting any conditions affecting the ward. Financial statements demonstrating both your stability and the ward's assets or needs are crucial.

Character references from respected community members, employers, or family friends can strengthen your petition. Perhaps most importantly, you should develop and be ready to present a comprehensive care plan outlining how you'll meet the ward's needs.

During the Hearing

The guardianship hearing is a thorough examination of all aspects of the proposed arrangement. The judge carefully considers your fitness as a guardian, examining your background, relationship with the ward, and ability to provide appropriate care. They must determine whether guardianship is truly necessary and serves the ward's best interests.

Any interested parties who object to the guardianship will have an opportunity to present their concerns. If the ward is fourteen years or older, the court takes their preferences into serious consideration, though these preferences aren't necessarily binding. The judge weighs all these factors to make a decision that best serves the ward's interests and welfare.

Post-Hearing Responsibilities

If the court approves your petition for guardianship, your responsibilities to your ward will begin on a designated date after the hearing.

Initial Tasks

The first few months after being appointed guardian involve several critical responsibilities. Within two months, you must complete a detailed inventory of the ward's assets and submit it to the court. This goes hand-in-hand with developing a comprehensive care plan that outlines how you'll manage the ward's daily needs and long-term welfare.

If you're managing the ward's property, you'll need to establish separate financial accounts to maintain clear boundaries between your assets and those of the ward. Obtaining certified copies of the guardianship order is essential, as you'll need these for various official interactions regarding the ward's care.

Ongoing Duties

Your responsibilities as a guardian continue throughout the duration of the guardianship. The court requires annual reports detailing the ward's condition, including updates on their physical health, living situation, and any significant developments in their life. Financial management requires meticulous attention, with careful record-keeping of all expenses and decisions affecting the ward's resources.

Major decisions, particularly those involving significant financial transactions or changes in care arrangements, typically require court approval. This ongoing oversight ensures the ward's interests remain protected and that the guardianship continues to serve its intended purpose.

How Do You Get Guardianship of an Adult?

Adult guardianship cases involve additional complexities, particularly regarding mental incapacity or alcohol dependency. The court requires clear evidence that the proposed ward cannot manage their affairs or make informed decisions about their physical health and financial resources.

Initiating Adult Guardianship

The process involves:

1. Medical evaluation: Obtaining professional assessments of the adult's capacity.
2. Legal documentation: Preparing comprehensive evidence of incapacity.
3. Notice requirements: Informing all interested parties, including adult relatives.
4. Court review: Presenting evidence of the need for guardianship.
5. Implementation: Establishing appropriate care and financial management systems.

If guardianship is the best option in your situation, an attorney can help you navigate the process and secure your potential ward’s well-being.

Options to Consider Instead of Guardianship

Before pursuing guardianship in Oklahoma, consider less restrictive alternatives:

• Power of Attorney arrangements
• Advanced directives
• Representative payee programs
• Limited bank accounts
• Trust arrangements
• Supported decision-making agreements

Some of these options may be better suited for your case than seeking guardianship. You can explore these tools and systems with the assistance of an experienced attorney.

Get Professional Legal Help with Guardianship in Oklahoma

At Yarborough Law Group, we understand that seeking guardianship is a significant decision. Our family law attorneys can help you go through this legal process, ensure proper documentation, and advocate for your interests in court. Contact us to discuss your guardianship needs and learn how we can assist you in protecting your loved one's well-being.