What is Adult Guardianship in Oklahoma?
Adult guardianship in Oklahoma is a legal process where the court appoints someone to manage the personal and/or financial affairs of an adult person deemed to be incompetent. In Oklahoma, there are over 20,000 adults currently under the supervision of a guardian, which reflects the ongoing need for this legal construct across the state.
The purpose of adult guardianship is to protect individuals who are unable to care for themselves due to physical or mental conditions. It covers several areas of life, including medical decisions, financial management, and personal affairs. Typically, adults requiring a guardian are unable to manage their own affairs. This may include persons with developmental disabilities , dementia, brain injuries, or age-related cognitive decline. A guardian can be a family member, a friend, or a professional fiduciary.
The decision to pursue guardianship is serious and requires careful consideration. The court will appoint a Guardian Ad Litem, an unbiased attorney to investigate the facts, verify the contents of the Petition, and appear on behalf of the Respondent at the hearing. The person petitioning for guardianship will have to prove the necessity and best interests of the Respondent. Once established, adult attendance is required at the final hearing as well as all hearings prior to appointment if the individual is physically and mentally able to attend and go to court.
Different Types of Guardianship for Adults
A guardian appointed by the Court makes decisions on behalf of the protected person after taking into account the protected person’s views as much as possible. A limited guardianship can be ordered after the judge determines that the function of a full (plenary) guardianship is not needed. A limited guardianship places restrictions on the guardian’s decisions and requires the judge to appoint a representative payee where appropriate. A limited guardianship can be as restrictive as necessary to meet the protected person’s needs. Temporary guardianships are rarely granted, but the statute allows such appointment only if the need is urgent and an emergency action is necessary to prevent reasonably foreseeable injury to the respondent or respondent’s estate. Temporary guardianships are to be promptly reviewed by the judge who will appoint a full- or limited-guardian as required.
Requirements for Becoming a Guardian
The guardianship of an adult in Oklahoma is a serious matter, as it strips the person of various rights. As such, it is important to determine who is legally eligible to become a guardian in this state. When there is a question of eligibility, the court will need to hold a hearing to discuss the matter and determine eligibility.
Per the Oklahoma statutes, to become a guardian of the person (as in sole responsibility for the care of the individual), there are several criteria that must be met. If none of the following criteria are met, the person cannot serve as the guardian:
Certain restrictions also exist for those convicted of certain crimes. If an individual has been a convicted felon of any crime (excluding minor traffic offenses), they cannot serve as an adult guardian. These crimes include:
If a prospective guardian has only been charged with or arrested for one of these offenses, they can be appointed by the court, as long as the charge was dismissed and the individual was not convicted.
Essential Guardianship Forms in Oklahoma for Adults and Where to Obtain Them
Oklahoma courts require specific forms to initiate guardianship proceedings. The forms can be long and complicated to complete and will generally require several key pieces of information pertaining to the proposed ward, including school records, medical records, tax returns, immigration documents and financial records. In addition, the forms will include a request for potential witnesses for the court to consider, the names of any persons who may be required to attend hearings, and sources of income for the proposed ward. Other information required on the forms may include information regarding physical and financial limitations of the proposed ward, the specific limitations requested by the applicant, or others, and how the guardian should administer the estate of the proposed ward.
These forms are the official statewide guardianship forms created by the Oklahoma Judicial Conference for all 77 counties in Oklahoma. The forms can be purchased at any local courthouse. Many counties make the forms available online in PDF format as well for download or electronic filing. When completed, the forms must be filed in the appropriate district court for the county in which your proposed ward resides. Fees for filing guardianship forms with the district court vary by county, but generally range from $150 to $250.
Filing for Guardianship in Oklahoma
In order to become a guardianship for an adult in Oklahoma, the process begins with the filing of a petition. This petition must include the information about the proposed ward which is the person who will be subject to the guardianship, as well as information about the proposed guardian. There are a series of Oklahoma guardianship forms that must be included in the file when it is presented to the judge. These include:
• The Uniform Guardianship Report;
• Inventory if the Ward has physical assets or property including a checking account;
• Where the proposed ward lives (the Wards location statement);
• Visitation form;
• Welfare checklist which is an assessment of the best interests of the proposed ward with regards to their care under the proposed guardian;
• and any other forms that may be specific to the county in which the process is taking place.
Once the petition is filed with the court clerk, the judge will assign a hearing date. Notice must be served to the proposed ward , all of his or her next of kin, and the Oklahoma Department of Human Services, as well as the proposed guardian. After this notice is provided, a hearing is held in front of the judge before guardianship can be granted. If guardianship is granted, a copy of the order must be filed with the court clerk. At this point, several other steps are taken to finish out the process:
• A new guardianship account is usually opened with the proposed guardians as the signer on the account.
• The guardianship checkbook is issued.
• Once the checkbook is received, a certified copy of the guardianship order must be filed with the bank as mandated.
• An attorney returns to the court and hands over the bond.
• Then, Oklahoma guardianship forms are filed which provide a plan for the ward’s visitation including a list of people who can see the ward, and details about how meetings will be arranged.
• Finally, the inventory list is filed with the court, showing both contents and values of the mobile home and trailer.
The Legal Duties of an Adult Guardian
When an adult is appointed guardian, the appointed individual or entity becomes a fiduciary. In essence, this means that the adult seeks to have the court impose traditional fiduciary duties and responsibilities upon the appointed individual / entity in the context of guardianship.
Oklahoma form Guardian Reporting Requirements CJA-4E and CJA-4F require the guardian to, among other things, conduct a final review of the files and assistance of legal counsel in preparing the Ward’s final report. Thereafter, the guardian must file the completed report in a .. personal actions (intermediate & final) and .. personal trust actions (annual & final). As noted in the form Final Report Of Guardian Or Limited Guardian Of The Person, the guardian shall, in addition to all other information required: … 1. List the current address and telephone number of the Ward[.] .. 2. Identify the date the Ward was last seen by a physician, physician’s assistant, or advanced nurse practitioner, and include a copy of the physician’s (or other medical professional’s) report. . 3. ID the Ward’s diagnoses and medications. .. 4. State whether the Ward continues to require a guardian for his or her person. Because guardians owe fiduciary duties, the court should look for evidence of compliance with the guardian’s legally-required duties.
Oklahoma Guardianship Forms FAQs
In addition to the steps necessary to apply to be an adult guardian in Oklahoma, you may have questions about the forms themselves and the application process. Consider the following FAQs from others regarding guardianship forms and the guardianship application process.
Do you have to fill out every single form in the packet?
Not necessarily. A guardian durd can choose to ignore any form that does not apply to them. Most importantly, you must fill out the "Case Information Sheet" and "Application for Appointment of Guardian."
How long does it take to receive the appointment if I apply for a guardianship in Oklahoma?
The guardian appointment process can take a least a few months to process. If you need a temporary guardianship , however, the process can move much more quickly. Try to allow as much time as possible to go through the application process before your proposed guardianship becomes necessary.
What paperwork do I need to bring with me to court?
If you are a guardian or appointed guardian for an adult, you will receive official letters of guardianship from the court. Once you have these letters, take them to the Social Security Administration Building (or other governmental offices where the adult depends on you for support). Present these letters, along with any other requested documentation, to access benefits on behalf of the ward.
