Adult guardianships in Tulsa require the signature of an Oklahoma Family Court Judge before its granted. An individual who is at least 18 years of age, and is impaired due to physical or mental illness or disability, drug dependence, or other such reasons – which results in them not being able to care for their physical or financial safety, is known as an “incapacitated person” according to Oklahoma law.
How is a Guardian Appointed for an Adult?
A guardian who has the legal authority to decide on personal and financial matters for an incapacitated adult is appointed by an Oklahoma court. The guardian will ensure that the person’s basic safety and health requirements are met and their financial resources and/or estate are managed for the benefit of the Ward.
Examples of Adult Guardianships in Oklahoma
· General Adult Guardianship: In this case, the guardian gets the authority over the adult person and/or the entire property of the person in Oklahoma.
· Limited Guardianship: In this case, the court will give the guardian only certain limited authority over the person and/or their property.
· Special Guardianship: The court may appoint this guardian for a special or emergency purpose. This type of guardianship typically lasts for 30 days or less.
Obtaining Guardianship of an Adult
In Oklahoma, in order to attain the guardianship of an adult, you should submit a petition (preferably through a knowledgeable attorney), which specifies the following information:
· The name and address of the individual entitled to notice.
· The nature and extent of their claimed incapacity.
· An estimate of the value of the ward’s intangible personal property.
You may also be required to provide copies of evaluation reports of qualified professionals regarding the ward as well as the details of your guardianship plan. In Oklahoma, the courts will usually investigate your civil, as well as criminal background while considering you as a prospective guardian.
Can an Adult Self-Nominate a Guardian?
An adult who is at least 18 years old, possesses a sound mind, and is not acting under influence, duress or fraud, can nominate you as a guardian of his or her person and/or property. If an actual incapacitation occurs, this nomination will become legally binding after approval from the court. The self-nomination should be made in writing. You have a right to refuse to serve, even if someone nominates you, or the court may find that you are not qualified to serve.
Priority List for Guardianship Rights
The following individuals may receive guardianship rights in the given order of priority when it comes to becoming a guardian of an incapacitated adult in Oklahoma:
· The person who has been nominated by the ward
· The person who is currently a court-appointed guardian
· A person nominated by another guardian’s will
· The subject’s spouse
· An adult child
· The subject’s parent
· The subject’s sibling
· A person who has been living with the subject for at least six months (and obtains court’s approval)
Adult Guardianships Attorney in Tulsa
Adult guardianship is a serious matter for Oklahoma courts. Our Estate Planning attorneys have handled countless guardianship cases throughout the State. Each case is nuanced and requires a personal touch that meets the needs of each specific case. Get a free and confidential consultation with one of our Estate Planning family law attorneys in Tulsa 918.743.2233 or complete this online form.