Guardianship

There are two types of guardianships in Oklahoma, the guardianship of a child and the guardianship of an adult.

Guardianship of an Adult:  This is the appointment of the affairs of an a person who is 18 years old or older and not able to take care of his or her affairs being assigned to another competent adult.  Adult guardianship is usually done when an adult is legally incompetent and incapable of managing his or her own affairs due to: mental illness/retardation or developmental disability, physical illness/disability or a drug or alcohol dependency.  Adult guardianships are also done when the adult is putting himself or herself in harm’s way or is just unable to manage their finances.  The person put in charge of the adult in Oklahoma is considered the guardian.  If the adult is not legally incompetent a person can still be appointed to become his or her conservator or limited guardian, which is usually done in cases when a person is only partially incapacitated due to physical limitations and/or disability or is unable to manage his or her finances.

Guardianship of a Child:  This is appointment legal custody of a child to an adult who is, generally, not the biological parent of that child.  Legal guardianship empowers the guardian to make the legal decisions for the child regarding education, health care, religion, and his or her general welfare. The main difference between guardianship and another type of child custody proceeding is sometimes just a matter of a biological or non-relative award of the child.  In Oklahoma, school districts require a guardianship for an adult to enroll a child in school when that adult is the biological parent of the child, even if that adult is a grandparent, aunt, uncle or some other blood relative.

If you have a question regarding the guardianship of an adult or the guardianship of a child, contact Byers & Associates today to meet with an experienced lawyer that can help you with your Oklahoma guardianship questions.