Add a Date Legal Oklahoma Standby Temporary Guardian Forms For Free

Appointing a legal guardian occurs in one of the following ways: Naming your child's guardian in your will. Filing a guardianship proceeding in court. In some states, parents can sign a form in front of witnesses appointing a guardian.

Depending on individual circumstances, a guardian may have physical custody of a child, decision-making custody, or both. In some cases, a parent may retain full or partial physical custody while a guardian has legal custody; for example, in cases of a parent with cognitive impairment.

Standby guardianships differ from traditional guardianships in that standby guardianships allow the parent to retain much of his or her authority over the child. This publication covers the establishment of standby guardianship, the role of noncustodial parents, parental authority, and withdrawal of guardianship.

Designation of standby guardian The written designation shows the parent's intent to have the standby guardian become the child's guardian if the parent becomes mentally incapacitated, physically debilitated, or subject to an adverse immigration action.

Standby guardianship allows parents, legal guardians, or legal custodians, with a disabling medical condition or terminal illness to create a legal document that establishes a legally secure future for their child(ren) without giving up their parental rights.

In 2021, the Oklahoma Legislature enacted a new Uniform Power of Attorney Act under Title 58 O.S. sec. 3001 et. seq. This Act allows a person to make a power of attorney covering a wide range of decisions but stops short of health care decisions.

If a court appoints a guardian after the power of attorney executes, the agent must answer to both the principal and the appointed guardian. The power of attorney remains in effect and the agent retains their authority unless the court decides to limit, suspend, or terminate it.

For Guardians Over the Person: Provide proper care, maintenance, education, and support. Supply food, clothing, shelter, and necessaries. Authorize medical, surgical, dental, psychiatric, and psychological care (although some medical treatments, such as experimental treatments, require court approval).

Limited guardianship- the guardian has only limited powers over the ward and/or the ward's property; and, special guardianship- a guardianship in which a guardian is appointed for an emergency purpose and usually lasts for no more than 10 days.