Guardianship in Oklahoma

In Oklahoma, guardianship is a legal process; the process begins with the person seeking the court's appointment as guardian filing a petition. The court may appoint a guardian over an adult; an adult is a person over the age of eighteen (18), provided that the adult is incapable of making competent decisions concerning their health and finances. The court may appoint a guardian over a minor; a minor is a person under the age of eighteen (18), provided the guardianship is needed due to either the parents of the child being unfit or being unable to care for their child.

A court may appoint a guardian. The court-appointed guardian will be responsible for providing care to and for the person, the property, or both. A guardian is responsible for the health, well-being, finances, and property of the ward. A ward is a person who is the subject of the guardianship.

In Oklahoma there are different types of guardianship. General, limited, and special are types of guardianships that differ slightly. In a general guardianship, the court grants the guardian broad authority to care for the ward and/or the ward's property. In a limited guardianship, the court grants the guardian limited powers over the ward and/or the ward's property. In a special guardianship, the court temporarily appoints a guardian, usually because of an emergency.

The court must terminate a guardianship. The court may terminate a guardianship if it determines that the guardianship is no longer needed or if the guardian is not performing their duties to care for the ward and/or the ward's property.