If you’re wanting to get an adult guardianship in Oklahoma, there are certian criteria you’ll need to meet. When an adult can no longer make safe and sound decisions for themselves due to illness, disability, or cognitive decline, Oklahoma law allows another person to step in as their guardian. Below is a clear, step-by-step guide to help you understand how the guardianship process works in Oklahoma.
1. Determine the Need for Guardianship
You must show the court that the adult (called the ward) is incapacitated and unable to manage their personal or financial affairs. Examples include severe mental illness, cognitive impairment (e.g., dementia), and physical or developmental disabilities that impact decision-making.
2. Select a Prospective Guardian
The court will consider family members and close friends for guardianship. However, in absence of willing relatives, a professional guardian or public guardian may be appointed. Choose someone who:
- Can act in the ward’s best interests
- Is reliable, organized, and financially stable
- Is willing and able to serve long-term
3. File a Petition for Guardianship
Submit a formal Petition for Guardianship in the district court of the county where the ward resides. The petition typically includes information such as:
- Petitioner’s name, address, and relationship to the ward
- Information about the ward’s medical and mental health status
- The specific type of guardianship requested (e.g., personal, financial, or both)
- Reasons why guardianship is necessary
4. Serve Notice to Interested Parties
Oklahoma law requires notifying a range of people, including:
- The ward (if capable)
- The ward’s spouse or next of kin
- Any named health care agents or attorneys-in-fact
- Other interested parties as directed by the court
This ensures that everyone is able to object or offer input.
5. Attend the Guardianship Hearing
In court, the judge will:
- Review the petition and supporting evidence
- Listen to testimony from you, medical professionals, and possibly the ward
- Determine whether guardianship is necessary and whether you are an appropriate guardian
6. Receive the Court Order and Letters of Guardianship
If the judge approves your request, the court will:
- Issue an order appointing you as guardian
- Grant Letters of Guardianship, which legally authorize you to act on the ward’s behalf
These documents may be required to access bank accounts, make health care decisions, or manage living arrangements. Oklahoma courts oversee guardianships carefully, so any significant changes, such as relocation or asset sales, often require court approval. Additionally, reports and accountings may be requested annually or at set intervals.
Can I Modify or Terminate the Guardianship?
Guardianship is not necessarily permanent. If the ward regains capacity or their condition changes, you or the ward can petition the court to modify or terminate the guardianship. When this happens, the court may review the ward’s capacity again and decide on the next steps
Wagoner Guardianship Attorneys
The process of obtaining adult guardianship involves nuanced steps and substantial responsibility. If you’re considering guardianship, our team here at Wagoner County Attorneys is comprised of skilled guardianship attorneys who can look at your situation and help you decide your best course of action. If you need help, reach out to us at 918-283-7394 or ask a question online.