Guardianship of an Adult

An adult who is incapacitated or partially incapacitated may need help taking care of their physical health and financial resources. A court appointed guardian can help ensure that the individual in question has help making these decisions.

Forms of Guardianship:

In Oklahoma, there are three basic types of guardianship:

• General - a guardian who has control over the ward and/or all of the ward's property in Oklahoma.
• Limited - a guardian who only has limited powers over the ward and/or the ward's property.
• Special - a guardian who is appointed for an emergency purpose. Usually, these do not last for more than thirty (30) days.

An adult of eighteen (18) years or older, who is of sound mind and not acting under duress, fraud, or influence, may nominate a guardian of his person or property. Upon incapacitation, this nomination shall be binding once approved by the court. This nomination must be in writing. A person nominated may be unwilling or may not qualify to serve.

The following list is the order of priority for an individual to take guardianship rights over an incapacitated adult:

• Individual nominated by the subject
• Current guardian appointed by another court
• An individual nominated by the will of another guardian
• The spouse of the subject
• An adult child
• A parent of the subject
• A sibling of the subject
• An individual living with the subject for more than six (6) months and approved by court

An individual alleged to be incapacitated has the right to:

• Receive notice of the hearing
• Be present at the hearing
• Have witnesses present
• Present evidence
• Cross-examine witnesses

File a petition with the court stating how the ward is incapacitated and a request to start a guardianship.

For assistance preparing your own forms, please visit the Oklahoma Bar Assiciation's Guardianship materials online.

Send documents to everyone entitled to notice of the guardianship.

• The ward should be personally served with the case’s opening documents through an officer of the court, such as law enforcement, a process server, or filing party’s attorney. 
• The closest living relatives to the ward should be served by first class mail. Certified mail with a return receipt is recommended so there is proof the mail was sent and received

• The judge will want to hear about how the ward is incapacitated, what level of assistance the ward needs, and evidence to back up these claims.
• The ward always has the right to their own attorney and to attend and participate in hearings. The judge can appoint an attorney for the ward. 
• Guardians must also submit a background check. In Oklahoma the OSBI background check is almost always required. An FBI background check is also recommended.
• Judges are very interested in proposed plans for care and treatment of the ward and the ward’s property. The judge will want to know if the guardian will take good care of the ward and their needs.

• The judge will sign the Letters of Guardianship and a Final Order if they believe the guardian will act appropriately and a guardianship is necessary. 
• If the ward needs help with medical decisions or surgery, it must be included in the Final Order. 
• Judges may sometimes deny the guardianship if a less restrictive alternative would better fit the situation. This could be something like a power of attorney, a financial payee, or limited bank account.

The guardian must check in with the court once a year. They will submit a written annual report on “the person, property, and annual accounting” that talks about how the ward is doing and how the guardian has helped them.