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Oklahoma Estate Attorneys, PLLC.

What Is Adult Guardianship In Oklahoma? When Is It A Viable Option For A Loved One?

An adult guardianship is a court proceeding wherein a person can be given the necessary authority to take care of a loved one. The authority may include the right to manage finances, make necessary healthcare decisions, determine residency, and in general take care of day-to-day needs. A guardianship is a viable option whenever you have a loved one who is incapable of taking care of herself due to physical or mental incapacities.

What Legal Steps Can You Take To Protect An Elderly Or Incapacitated Relative?

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.

What Are The Rights And Responsibilities Of A Legal Guardian?

A legal guardian is responsible to take care of the incapacitated person, called the “ward.” These responsibilities may vary from case to case, but will usually include, managing finances, making sure the Ward is physically provided for and safe, and making sure the Ward is going to necessary doctor appointments.

As with responsibilities, the rights of a legal guardian will vary from case to case. However, they generally include: the right to access financial records, the right to spend money on the Ward’s behalf as approved by the court, the right to access medical records, the right to hire caretakers, and the right to determine where the Ward will live.

Who Needs A Legal Guardian And Why?

A person may need a legal guardian when they are unable to make decisions on their own or they are physically incapable of doing certain things. This may be necessary so that bills continue to be paid, the person continues to see a physician, and the person remains safe.

Is A Legal Guardian Financially Responsible?

In general, no a legal guardian does not have any personal financial responsibility. However, if a legal guardian acts inappropriately or abuses the Ward’s finances, there may be financial repercussions.

When Should Parents Set Up Guardianships For Their Children?

It is wise for parents to nominate a guardian for their children when they do any sort of estate planning. Should something happen to the parents, the nominee will be able to use the documents to become appointed as the guardian of the children.

Parents may also need to set up a guardianship for their children if they are unable to care for their children.

As Parents, Do We Need A Guardian Selected For Our Child To Be Involved In Setting Up The Guardianship?

If you are going to nominate someone as the guardian for your children, it would be wise to inform them of this nomination.

Do We Also Need To Select A Trustee For Our Child’s Interests And Care In Addition To Selecting A Guardian?

Parents can nominate someone to be a guardian of their children’s physical persons and someone to be a guardian of their children’s finances. This can be the same person or different people. It is important that the guardian of the children’s physical person is able to care for the child in their home. The guardian of a child’s finances needs to be someone who is able to manage money.

For more information on Adult Guardianship In The State Of 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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