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Do you need guardianship for an incapacitated spouse?

On Behalf of | Jul 11, 2024 | Guardianship

Guardianship in Oklahoma can be necessary for ensuring the well-being of an incapacitated adult spouse. Understanding when and why to pursue guardianship can help you make informed decisions about the care of your loved one.

Identifying the need for guardianship

Guardianship can be necessary if an adult cannot make decisions about their personal care, finances, or medical treatment due to physical or mental incapacity. This legal arrangement appoints a responsible individual to make these decisions on their behalf and take care of their needs.

Steps to establish guardianship

To establish guardianship, you must file a petition with the court, providing evidence of the adult’s incapacity. This process typically involves medical evaluations and may require the testimony of healthcare professionals. The court will review the evidence and determine if guardianship is necessary, appointing a suitable guardian if so. 

Responsibilities of a guardian

As a guardian, you’ll be responsible for making decisions about the incapacitated adult’s daily care, living arrangements, and medical treatments. It’s crucial to act in their best interest, respecting their preferences and ensuring their comfort and safety. 

This role requires a deep commitment to the well-being of the individual, including managing their finances, making healthcare decisions, and ensuring they live in a safe and supportive environment. 

The importance of guardianship

Guardianship provides a legal framework to protect incapacitated adults who cannot care for themselves. If you believe a loved one requires guardianship, consulting with a legal professional can guide you through the process and help you make the best decisions for their care. 

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