As our loved ones get older, sometimes we must make tough choices to protect their quality of life. Aging comes with challenges that affect a loved one’s ability to manage some or all aspects of their life. As those challenges stack up, guardianship may become necessary to guarantee their care.
The hardest part can be convincing your parents or grandparents that they need help. Some fear losing their independence or worry about becoming a burden. You may need to take legal steps to protect them, despite your best efforts to ease those fears.
If that becomes necessary, Oklahoma’s step-by-step guardianship checklist explains how to file for adult guardianship.
#1 Filling out and filing documents for your petition
Before visiting the courthouse, you must fill out and file a list of documents for either emergency or non-emergency guardianship. Getting experienced legal advice can be crucial to meeting all the requirements.
For temporary, also called emergency, guardianship, there are forms for:
- Emergency application
- Verification
- Appointment order
- Letter of guardianship
General and limited guardianships have a longer list. You can find it in full in Oklahoma’s “Handbook for Adult Guardianships.” Once forms are filled out, copied, and, in some cases, notarized, they can be filed at the county court clerk’s office.
#2 Serving documents
You must send copies of the documents to a list of specified people, including your loved one or “ward.” Serve the documents at least 10 days before the hearing. Your attorney can prepare an affidavit of mailing as well.
#3 Seeing a judge
For emergency guardianships, you may appear before a judge on the same day of filing. If approved, you will immediately become a temporary guardian.
For non-emergency cases, the judge will schedule a hearing within 30 days. You must explain why you should be the adult’s guardian.
#4 Awaiting court decision
Since emergency guardianships are temporary, you must attend a hearing in 10 days. The judge will decide if you should remain the guardian.
You can immediately become the guardian for non-emergency cases if the judge approves.
#5 Submitting annual reports
To retain guardianship, you must serve annual reports and accountings to the court and specified people. The report includes updates on your ward’s health, living accommodations and assets.
As these steps show, becoming a guardian can be a daunting legal responsibility. Having your loved one’s best interest in mind is not enough. You must consistently fulfill legal requirements to avoid jeopardizing your ward’s safety and security.
For peace of mind, it’s advisable to consult an experienced attorney who can help you navigate the guardianship process and ensure that you meet all legal requirements.