Guardianships in Oklahoma City
Oklahoma City Estate Planning Attorneys
When an individual is unable to care for himself or herself, the state of Oklahoma allows another person, a guardian, to manage their personal and financial affairs. A guardian is responsible for the ward’s health and safety. In addition to caring for the ward, the guardian must also report to the court and follow the instructions of the court. Minors without guardians and adults who are incapacitated or partially incapacitated due to mental illness, mental retardation, physical illness, drug dependency, or a similar reason are eligible for guardianships. Our estate planning attorneys are well-equipped to assist you in seeking a guardianship in the state of Oklahoma, including Perry and Oklahoma City.
Types of Guardianships in Oklahoma
The state provides for three basic types of guardianships, and the court gives specific instructions for every case. A general guardianship allows a guardian control over the ward and/or his or her in-state property. A limited guardianship provides a guardian with limited powers over the ward and/or his or her property. In the case of an emergency, the courts can create aspecial guardianship that lasts no longer than 10 days.
Who can be a guardian?
When the courts are selecting a ward’s guardian, they give certain individuals priority. The first person the courts consider is anyone nominated by the proposed ward. Anyone nominated by a deceased parent, spouse or adult child who was serving as the guardian of the proposed ward will also be considered. The proposed ward’s spouse, adult child, parent or sibling will also be considered. If the proposed ward was living with an individual for longer than 6 months, the court will also give priority to that person.
Removing a Guardian
A guardian can be removed for a number of reasons, including that the ward no longer needs assistance. Additionally, a guardian can be removed for failing to perform the required duties. A guardian can be removed for a variety of reasons, including abuse of fiduciary duty, gross immorality, and incapacity to perform the required duties. In addition to the possibility of the guardian resigning, a ward is allowed to fight a guardianship with the assistance of an attorney.
Seek Qualified Assistance in Oklahoma City and Perry, OK
With over 15 years of combined experience, The Law Office of Bryon J. Will, P.L.L.C. can effectively assist you and your loved ones in the establishment of guardianships. Our legal team understands that your privacy is a priority, and we are able to meet with you to discuss your options your own home. We are realistic attorneys, and we take the time to explain your viable options so that you can make the best possible decisions. If you are interested in learning more about your guardianship matters, take advantage of our free case evaluation.
For more information, contact a Perry guardianship lawyer at our firm!