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Appointing a guardian for a loved one with a disability

On Behalf of | Aug 17, 2022 | Estate Planning

In Tulsa, Oklahoma, guardianship is an option for people with disabilities who are not be able to care for themselves. A guardian can make decisions on behalf of the person with a disability and provide regular care and support.

The court grants guardianship based on evidence that the person cannot make decisions regarding their welfare. Several requirements must be met to qualify for guardianship in Tulsa, including proving that the person cannot adequately handle their affairs due to a mental or physical impairment.

What is guardianship?

Guardianships are legal proceedings in which a person (the guardian) is appointed to manage another person’s financial, personal, and medical affairs who cannot make decisions for themselves due to mental or physical incapacity.

A court or a durable power of attorney can appoint a guardian. In some cases, the appointment of a guardian may be involuntary. For example, when someone is declared incompetent due to a severe illness.

Who should be appointed as a guardian?

There are a few considerations you should take into account when appointing a guardian for someone with a disability:

First and foremost, it is crucial to consider the person’s preferences and wishes. You don’t want to appoint someone who will not be happy with the decision, which could lead to conflict.

Secondly, you should consider what type of guardian best suits the individual. For example, depending on their disability, some people may need an advocate or caretaker-type guardian to look out for their best interests and make decisions. In contrast, others may prefer a family member or friend to take on this role.

Lastly, it would help if you appointed a guardian familiar with guardianship laws in your state. This will help them know what they are responsible for and what to do to discharge their duties.