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To become a guardian, you must: 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.
If a court appoints a guardian after the power of attorney is executed, 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.
The person seeking termination of guardianship must show clear and convincing evidence that the conditions that led to the creation of the guardianship have been corrected. If that parent is a parent who has been found unfit, then fitness must be established.
To terminate a guardianship in Oklahoma (if you are an adult under guardianship, or the parent of a child under guardianship), you should: File a motion to terminate the guardianship. Ask the judge for a hearing date. At the hearing, explain to the judge why your guardianship should be terminated.
Under Oklahoma law, a minor's guardianship generally continues until the child reaches the age of majority or until the court determines that the guardianship is no longer necessary. It's important to know, however, that when the minor becomes old enough, they can nominate their guardian when court-approved.
Guardianship Process in Oklahoma It begins with filing a petition in court, followed by a thorough investigation and hearing. The court then appoints the guardian, who accepts the role by taking an oath. Filing a Petition: The first step in establishing guardianship in Oklahoma is to file a petition.
If you are appointed as guardian, you have legal authority over the health and welfare of the child that supersedes anyone, unless the Court enters a subsequent order.