At Cannon & Associates, we understand that when it comes to guardianship matters, the process can become financially burdensome due to various factors. The complexity and level of contention in seeking a guardianship has a direct impact on the costs of seeking guardianship in Oklahoma. Additionally, working with a qualified guardianship lawyer is an investment that can range in costs from $1,500 to over $10,000. The greatest factor impacting the costs of the guardianship process is whether it is agreed or contested.
Contested guardianship cases cost more, as out of court preparation and hearings in court must be conducted to fight for your interests. There are specific statutes and procedures that dictate the guardianship process in Oklahoma. In the case of a contested guardianship, an in-depth understanding of the procedures and the ability to follow them can increase the likelihood of success in a contested guardianship case.
For guardianships involving an estate, costs tend to be higher because the appointed guardian is required to secure a bond from an insurance company. This bond ensures that the guardian will fulfill their legal obligations, and the bond amount depends on the size of the estate.
What is the Purpose of Guardianship?
At Cannon and Associates, we understand that guardianship provides vital legal protection for individuals who are unable to care for themselves or make important decisions due to age, illness, mental incapacity, or other disabilities. The legal aspects of guardianship can be complex, and each case presents its own set of unique challenges. If you’re asking, “What is required for legal guardianship in Oklahoma?” We’re here to guide you through the process.
Guardianship is not a one-size-fits-all concept—it varies depending on the specific circumstances of each case. To navigate guardianship in Oklahoma, it’s essential to have a strong understanding of the laws that govern it, as well as the responsibilities involved. Given that every guardianship case is different, consulting with an experienced Oklahoma guardianship attorney can make all the difference.
CALL NOW for a free case strategy session and to have your Oklahoma Guardianship questions answered. CALL US at (405) 657-2323.
Who Qualifies for Legal Guardianship in Oklahoma?
Determining who can serve as a guardian is crucial to ensuring the safety and well-being of the individual in need. Oklahoma has specific requirements for those seeking guardianship, and it’s a role that requires serious consideration and the risk of financial and even criminal consequences when handled incorrectly.
First, anyone petitioning to be a guardian must be a competent adult who is of sound mind. The courts will assess the individual’s moral character and ability to manage finances, especially if the guardianship involves managing property. They will also evaluate whether the potential guardian has the physical and mental capacity to take on this responsibility.
In addition, the court will consider the relationship between the petitioner and the individual in need of guardianship. Relatives, particularly parents of minor wards or spouses and adult children of adult wards, are generally given priority. If no family members come forward, the court may appoint a professional guardian.
The primary concern of the courts is always the best interest of the ward. Even if the petitioner meets the required criteria, if the court determines that the appointment is not in the ward’s best interest, the petition will be denied.
Common Types of Guardianship in Oklahoma
Oklahoma recognizes several types of guardianship, each serving different needs:
- General Guardianship: Provides the guardian with authority over both financial and personal decisions when the ward is unable to make these decisions themselves.
- Special Guardianship: Established when the ward requires a guardian for specific situations.
- Limited Guardianship: Grants the guardian authority over only certain aspects of the ward’s life, allowing the ward some degree of independence.
QUESTIONS? Call us for a free assessment of your situation and an explanation of the best Guardianship option for you. Call us at (405) 657-2323.
The Process of Securing Guardianship in Oklahoma
Securing guardianship in Oklahoma involves several important steps. Here’s a brief overview of the process:
- Filing the Petition: The process begins by filing a petition with the court, outlining why the individual needs a guardian and why the petitioner is qualified. There are specific legal and factual requirements to filing a proper guardianship petition in Oklahoma.
- Notice of Hearing: After receiving the petition, the court schedules a hearing and you will be obligated to properly notify all interested parties, including the ward and their family members.
- Investigation: The court appoints an investigator to assess the ward’s situation and determine if guardianship is necessary. You may be obligated to assist in this process or present information through your guardianship attorney to avoid this requirement.
- Hearing: The judge reviews the petition and the investigator’s findings, considering testimony from all involved parties, before deciding if guardianship is appropriate.
- Guardianship Appointment: If the judge determines guardianship is needed, they will issue an order naming the guardian, who may be the petitioner or someone else.
- Oath of Office: The appointed guardian must take an oath to fulfill their duties responsibly.
- Reporting and Oversight: After being appointed, the guardian must submit regular reports to the court about the ward’s well-being and the management of their affairs. Serious consequences, including termination of the guardianship may occur for failure to abide by the reporting requirements in a guardianship.
Oklahoma Guardianship: Frequently Asked Questions
Q: How Can You Become a Legal Guardian in Oklahoma?
A: To become a guardian in Oklahoma, you must file a petition with the court, demonstrating your ability to care for the individual in question. You must show that you are of sound mind and physically capable of fulfilling the guardian role.
Q: How Much Does It Cost to File Guardianship Papers in Oklahoma?
A: The court fees for filing guardianship papers in Oklahoma typically range from $57 to $204, depending on the case. However, this does not include attorney fees, which can vary depending on the complexity of the case. The investment in working with a qualified guardianship attorney can reduce the timeline and stress associated with seeking to establish a guardianship in Oklahoma.
Q: How Much Do Guardians Get Paid in Oklahoma?
A: Guardians in Oklahoma are entitled to reasonable compensation for their services, typically not exceeding 7.5% of the ward’s income, which includes any funds managed by the guardian on the ward’s behalf.
Q: How Long Does Guardianship Last in Oklahoma?
A: Guardianship for a minor generally lasts until the ward reaches adulthood. For adult wards, the guardianship can continue until the ward’s death or until the court terminates the guardianship for various reasons.
Contact an Experienced Guardianship Attorney in Oklahoma City
The guardianship process can be lengthy and complex, and missing steps or filing incorrectly can derail your chances of securing guardianship. It’s essential to have the support of an experienced attorney who understands the intricacies of guardianship law. If you are seeking guardianship or need help navigating the legal process, reach out to Cannon and Associates today to schedule a consultation. We are here to help you through every step of the process.
CALL NOW at (405) 657-2323 for answers to your guardianship questions.