Guardianships

Guardianships come in many different types.  Oklahoma law allows for general and limited guardianship for both minors and adults.  Each has different requirements.  In addition, guardianships can be either general, limited or special.

Oklahoma law also differentiates between guardianships for those who are fully incapacitated and those who are partially incapacitated.  Again, each category has its own set of requirements.

A general Guardian serves as the guardian of the person, guardian of the property, or both.

A limited Guardian serves with limited powers, as determined by the Court over the person, the property, or both.

A special Guardian is an individual appointed by the Court for a partially or fully incapacitated person whose health and safety are in immediate danger or whose financial resources will be seriously damaged unless immediate action is taken.  In the case of a special Guardian, there can be no other person who has authority to act, or the person appointed refuses to act.

Guardians of a person are expected to take care of the support, health, and education of the Ward.   They can determine where the Ward lives within a County or in another County if the Court approves.

Guardians of property must protect from waste or destruction of the property.  They can sell the property if the Court approves.  These guardians are expected to maintain the property out of the Ward’s Estate and return it to the Ward or another Guardian in as good a condition as they received it.

The Oklahoma Bar Association provides helpful information on how to serve as a guardian.  This handbook offers information about laws and procedures that guardians should follow. To get a copy, feel free to contact the Oklahoma Bar Association at www.okbar.org.