Oklahoma Report on the Guardianship of Property - Incapacitated Person

Guardianship is a legal process used to protect individuals who are unable to care for their own well-being due to infancy, incapacity or disability.Legal guardians have the legal authority to make decisions for their ward and represent their ward's personal and financial interests.

Guardianship means obtaining the legal authority to make decisions for another person. A guardian is the person appointed by the court to make decisions on behalf of someone else. The person over whom the guardianship is granted (the child or the adult) is referred to as the protected person.

The Court may appoint an emergency guardian when it appears that an individual lacks capacity, is in need of a guardian, and failure to make such an appointment will result in irreparable harm to the person and/or estate of the alleged incapacitated person (note the term incompetent is no longer used in guardianship

A guardian is responsible for an elder or minor ward's personal care, providing them with a place to live, and with ensuring their medical needs are met. Guardians make sure that their ward has a place to live, such as the guardian's home, with a caretaker, or in an assisted living or full care facility.

Every year, a Guardian of an adult, and a guardian who is not related to his or her minor ward, must file an Annual Report stating the condition of the ward, whether the Guardianship should continue, how he or she cared for the ward during the last year, and what the plans are to care for the ward for the next year.

How To Gain Guardianship in Oklahoma: If you wish to become a child's guardian, you must (1) fill out official paperwork with the court; (2) request that a judge appoint you as the child's guardian; and (3) attend a court hearing to explain to the judge why you should be the guardian.

A Guardian usually signs legal documents on behalf of the Ward, chooses an appropriate living situation for the Ward, and grants, withholds, and withdraws consent to medical treatment. In most situations, it is necessary to disclose the Guardian/Ward relationship.

File paperwork with the court clerk; ask a judge to appoint you the guardian of a minor child; and, go to a hearing and show the judge why you should be appointed as the child's guardian.

There are two types of guardianships, a full guardianship and a limited guardianship.