An "incapacitated person" is a person of eighteen (18) years or older who is impaired by reason of mental illness, physical illness or disability, substance dependency, or such similar cause; causing the person to lack the ability to care for his physical safety or financial resources. If the proposed ward is under the age of eighteen (18) years, see Minors.
A guardian has legal authority to make personal and financial decisions for a child or incapacitated party, indefinitely. This person is appointed by a court to serve as the guardian of a minor child or an incapacitated person to assure that the essential requirements for the health and safety of the person are met, to manage the estate or financial resources of the person, or both.
Information and Court Forms were created by the Estate Planning, Probate and Trust Section of the Oklahoma Bar Association and you can download them.
An individual alleged to be incapacitated may also be appointed an attorney by the court, called a "Guardian Ad Litem." The Oklahoma Bar Association has information and resources for Guardians Ad Litem on this page.
For more information on becoming an adult guardian for someone with Developmental Disabilities, Developmental Disabilities Services (DDS) provides guardianship services to adults with Intellectual Disability (ID) who receive DDS services. Information click here