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Guardianship is a legal relationship established by the court that gives one individual the authority and responsibility to make decisions for another person who is unable to care for themselves. This may involve a minor child, an elderly adult, or someone with physical or mental disabilities. Understanding how to obtain guardianship is essential if you’re seeking to protect a loved one’s well-being and legal rights.
At Ball Morse Lowe, our experienced guardianship lawyers are committed to helping Oklahoma families navigate the complexities of guardianship law. Below, we break down the key steps in obtaining guardianship, so you know what to expect and how to prepare.
What is Guardianship?
Guardianship is a court-ordered legal process in which an individual (the guardian) is appointed to care for another person (the ward). The guardian takes on legal responsibility for the ward’s personal affairs, which may include decisions related to healthcare, education, and living arrangements.
There are two primary types of guardianship:
- Guardianship of the Person – Gives the guardian authority over the ward’s personal and medical decisions.
- Guardianship of the Estate – Grants authority to manage the ward’s finances and property.
Sometimes, one person serves in both roles; other times, these responsibilities are split between individuals.
When is Guardianship Necessary?
In Oklahoma, guardianship may be necessary under several circumstances:
- A minor child whose parents are deceased, absent, or unfit.
- An adult with special needs who cannot make independent decisions.
- An elderly individual suffering from conditions such as dementia or Alzheimer’s who can no longer manage their personal or financial affairs.
If you're unsure whether guardianship is appropriate, consulting with a skilled guardianship lawyer can help determine the best course of action.
Step 1: Determine the Type of Guardianship Needed
Before filing for guardianship, it’s important to understand what kind of guardianship is needed. In Oklahoma, options include:
- Temporary Guardianship – Granted in emergencies, usually lasting up to 30 days.
- Limited Guardianship – Appointed when the ward can make some decisions but needs assistance in specific areas.
- Full/General Guardianship – Appointed when the ward is completely unable to care for themselves or make sound decisions.
A knowledgeable family lawyer can help assess your situation and recommend the most suitable type of guardianship.
Step 2: File a Petition with the Court
To begin the guardianship process, you must file a formal petition with the district court in the county where the ward resides. The petition must include:
- Your relationship to the potential ward
- The reason guardianship is necessary
- Information about the ward’s current living situation
- Any available documentation supporting your request (medical records, evaluations, etc.)
After the petition is filed, the court will schedule a hearing.
Step 3: Notify All Required Parties
Once your petition is filed, you must legally notify all interested parties. These may include:
- Biological parents (for minors)
- Spouse or adult children (for adults)
- Other family members
- The proposed ward, if capable
Each party must receive formal notice of the guardianship proceedings. Failing to follow proper notice procedures may delay or jeopardize your case.
Step 4: Participate in a Background Check and Home Study
Oklahoma courts often require prospective guardians to undergo a criminal background check and possibly a home study. This step ensures that the guardian’s home is safe and that they are capable of caring for the ward.
- A background check verifies that you have no criminal history or issues that might compromise the ward’s safety.
- A home study may include interviews and an in-home visit by a social worker or guardian ad litem.
Step 5: Attend the Guardianship Hearing
At the scheduled court hearing, the judge will review all submitted evidence, hear testimony from interested parties, and evaluate the best interests of the proposed ward. You should be prepared to explain:
- Why guardianship is necessary
- Your relationship with the ward
- Your plan for their care and well-being
The court may appoint an attorney or guardian ad litem to represent the interests of the ward.
Step 6: Receive the Court’s Decision
If the judge finds that guardianship is necessary and that you are the best person for the role, they will issue a formal guardianship order. This order gives you the legal authority to make decisions on behalf of the ward.
Keep in mind that guardianship comes with ongoing responsibilities. You may be required to:
- Submit annual reports to the court
- Keep detailed records of medical and financial decisions
- Notify the court of any changes in the ward’s status
Do I Need a Guardianship Lawyer?
While it is possible to file for guardianship without an attorney, it is not recommended. Guardianship laws can be complex, and mistakes can result in delays, denials, or unnecessary emotional stress. A skilled guardianship lawyer from Ball Morse Lowe will:
- Help prepare and file the necessary legal documents
- Ensure all notification requirements are met
- Represent you at the court hearing
- Provide ongoing legal guidance for fulfilling your guardian responsibilities
Let Ball Morse Lowe Help You Protect Your Loved Ones
If you're considering guardianship in Oklahoma, the compassionate and experienced team at Ball Morse Lowe is here to help. Our dedicated family lawyers and guardianship lawyers have guided countless families through this important process with care, clarity, and confidence.
Call us today at 405.701.5355 to schedule a consultation and learn how we can help you take the right legal steps to protect your loved ones.
