If you have been appointed as a guardian or a guardian was appointed over your children there are certain obligations that go with it. The obligations may also extend to adult guardianships. That title carries with it certain responsibilities and requirements that continue throughout its duration. While guardianship can continue indefinitely, in most cases, it terminates or ends (e.g. no longer a need for a guardian). Still, much like the process of being appointed a guardian, terminating the guardianship typically requires action from the court. If you seek to establish or end a guardianship in Oklahoma, you will want to educate yourself on the laws. Here’s more on guardianship and how to properly end it in the state of Oklahoma.
What Is A Guardianship?
Guardianship is a legal process where the court appoints someone to care for another person and their property. The person who the court selects is known as a guardian. The person that the guardian is appointed to care for is called a ward.
Whether the guardianship is for an adult or a child, the reason for needing one is the same – to provide for the legal care of an individual who cannot care for themselves. When dealing with an adult, guardianship is typically done when the person is incapacitated (unable to make decisions for them-self concerning their health or financial wellbeing).
Minors (those under eighteen years of age) may also be appointed guardians. This usually happens when the child’s parents are unable to care for them. Examples may include neglect, unstable housing, drug abuse, and mental health issues. When this happens, the court typically appoints an adult who has some relation to the child, usually an aunt or grandparent. This is usually part of emergency custody or guardianship.
In either case, a guardian must maintain a close relationship with the ward, carefully follow instructions from the court, ensure that the ward is properly cared for, and periodically report to the court concerning the ward’s health and finances.
How Do I End A Guardianship?
As mentioned, guardianships only exist when there is a need. What this means is that when the need for a guardian no longer exists, the guardianship ends. In the case of a minor, this usually will be when the child turns eighteen or when the reason for the emergency guardianship being issued has been resolved. Concerning guardianship of an adult, if the ward is no longer incapacitated and can manage their affairs, the court typically ends the guardianship.
The court can also remove a guardian if it is found that they are not fulfilling their duties. This can include cases of fraud where the guardian is taking advantage of their ward. In either case, ending a guardianship will require an order from the court. This is typically done by filing a petition in front of a judge, who will then decide. This petition can be filed by the guardian, the ward, or any other interested party. Still, ending a guardianship may be contested, and in those cases, a hearing may be held to decide the matter. Because this is a legal process, it is recommended that you consult with an attorney before you file your petition to end the guardianship.
Tulsa Guardianship Attorneys
Guardianship is a serious legal matter. Because of this, you should consult with an experienced family law attorney who can help you determine how to go about it. Kania Law Office has helped countless clients with family law matters, including guardianship, divorce, child custody, and more. Reach out to the experienced attorneys at Kania Law Office by calling (918) 743-2233 or contacting us online.