A minor or an incapacitated adult with special needs cannot make any decisions for themselves. That is why the need for a legal guardian (appointed by the court or a dependent’s will) is necessary, especially if their biological parents are no longer around to take care of them. Call (405) 451-3346 today to give you legal support in earning an individual’s guardianship.
Under the Oklahoma Guardianship and Conservative Act, guardianships can be granted for minors in Newcastle, partially and fully incapacitated persons, property in Newcastle belonging to a minor or an incapacitated person outside Newcastle, and property coming into the control of a guardian who is under Oklahoma laws.
The parents of an individual are considered as his natural guardians, that’s why any other person has no right or power to be a guardian unless otherwise appointed by any Oklahoma court. Guardianship involves the responsibility for a child’s (or incapacitated person’s) personal, financial, medical, emotional concerns, and his overall well-being.
If you find yourself concerned about a child or another person and you want to be his guardian, you should be capable of taking care of that person’s clothing, feeding, financial, medical needs, and everything else that’s necessary for his good health and upbringing. A guardianship lawyer from Law Office of Lisé L. Edwards can help you in convincing the court that you are capable and willing to be a legal guardian.
Call Law Office of Lisé L. Edwards at (405) 451-3346 now to consult with one of our law experts.
Selection of a Guardian
The types of decisions that might fall into the hands of a guardian include giving permission to medical treatment, making purchases to attend to personal needs such as food, clothing, personal items, etc., preparing for education, and managing finances and bank accounts.
With that being said, the selection of a guardian is very crucial—the court must gauge and properly choose who the best possible guardian can be. Relatives of the ward are usually the ones who are given more favor to guardianship responsibility than unrelated people. These include the following:
- An individual is chosen by the ward to manage his personal affairs (by legal document or otherwise);
- A parent; and
- A state employee or an individual known by the ward
The chosen guardian must represent the best interests of the ward and must perform the essential duties at hand. The court considers a potential guardian’s character, history, personality, physical capability, and other pertinent qualities in selecting a guardian. On the contrary, the potential guardian’s educational background and occupation are not disqualifying factors in an Oklahoma court.
Type of Guardianship Needed
Title 30 of the Oklahoma Statutes contains the governing statutes of guardianships. An individual who wants to be a legal guardian must arrange the necessary paperwork, pay court fees, attend a court hearing, and acquire background checks of adults who will share the same home as the child.
Qualified guardians will be accommodated to learn the different types of guardianship necessary for the welfare of the ward. These are defined as the following as per Title 30:
This type of guardianship appoints an individual to be the guardian of a person or of all the property of the ward within the state of Oklahoma or of both person and property.
A person who is given authority by the court to possess limited powers over the person of the ward, or over the property of the ward within the state of Oklahoma or of both person and property.
This type of guardianship appoints a guardian for an emergency purpose, generally not to exceed thirty (30) days.
A guardianship proceeding should be filed and arranged in the district court of the county where the ward lives. Although, if the prospective guardian is a family member or a relative, the legal guardianship proceedings might take place in the district court of the county where he lives.
The filing of a written petition is often the initial step of the process. A verified petition may be registered by the interested individual to look after a child or an incapacitated person to request an appointment with the ward. The procedures for applying as a guardian of a child and a guardian of an incapacitated adult differ.
After a hearing on a petition arranged with the district court, a guardian may be appointed to a minor ward. The minor ward will be sent a notice of the hearing if he is at least a 14-year old teenager. He may also nominate his or her own choice of guardian, as provided by the approval of the court.
Get Legal Help From a Guardianship Attorney
To be successful in being chosen by the court as a guardian, hiring an Newcastle, OK guardianship lawyer will give you an extra hand in court. In this trying time, a compassionate and empathetic lawyer can assist and guide you in being the appointed guardian. Law Office of Lisé L. Edwards provides you with high-quality legal support from outstanding lawyers in Newcastle. Should you have any questions, contact us at (405) 451-3346.
Book a free consultation now by calling Law Office of Lisé L. Edwards at (405) 451-3346!