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Are There Alternatives To Guardianship That Should Be Considered?


Once a person has become incapacitated, there are not really any alternatives to a guardianship. However, prior to becoming incapacitated, a person may execute a power of attorney. The person appointed could be given the same powers that a guardian has without having to go before a judge. This is a much cheaper and faster alternative, but it does require advance planning.

What Is The Process For Appointing A Guardianship?

If you have an elderly or incapacitated relative, it would be wise to take legal steps to protect them. In general, a guardianship action is appropriate. Within a guardianship case, your attorney will file a document called a petition. This document will state why a guardian is necessary and who should be appointed as the guardian. There will then be a hearing where the Judge will question the parties involved and review medical records and other documents provided. At this hearing, the Judge will determine whether a guardianship is necessary and who should be appointed as guardian.

It is important to note, that there are steps you can take to protect yourself and your relatives before they become incapacitated that may alleviate the need for a guardianship in the future.

How Long Does A Guardianship Of A Minor Or Adult Last?

A guardianship of an adult will last indefinitely. The Guardian will be required to report to the court each year and testify that the guardianship is necessary. If the guardianship becomes unnecessary at any time, it may be terminate by a court order.

The guardianship of a minor child will last until the child becomes an adult.

Can A Guardianship Be Challenged?

Yes, a guardianship may be challenged for a variety of reasons. The potentially incapacitated person may challenge the guardianship as unnecessary or they may challenge the appointment of a particular guardian.

Likewise, other family members may challenge the guardianship as unnecessary or the appointment of a particular guardian.

In general, a judge will determine if a person is suitable by looking at evidence of their financial capabilities, relationship to the Ward, and general character of honesty and integrity.

Can A Guardianship Be Made Permanent?

No a guardianship is never permanent and could always be terminated if no longer necessary.

What Is The Difference Between A Guardian And A Conservator?

Often the term “guardian” encompasses the term “conservator.” However, technically speaking, a conservator is a person who is given authority to manage a person’s finances without the authority to manage their physical person (living conditions, medical decisions etc.)

For more information on Alternatives To Guardianship In Oklahoma, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 880-8960 today.

Terrell Monks, Esq.

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