Detailed Answer
Under Oklahoma law, you can petition the district court to appoint a guardian or conservator for an adult who lacks the capacity to make informed personal or financial decisions. A guardian makes choices about health care, living arrangements, and daily care. A conservator manages the person’s assets, income, and bills. You may request both roles if needed.
1. Determine Incapacity
Oklahoma Statutes define an “incapacitated person” as someone unable to manage property or care for health or safety due to illness, disability, or impairment. See 30 O.S. §3-102. Obtain a recent medical or psychological evaluation and written report from a qualified professional.
2. Choose the Right Role: Guardian vs. Conservator
Decide whether you need a guardian (personal decisions), a conservator (financial decisions), or both. The definitions appear at 30 O.S. §3-101 (guardian) and 30 O.S. §3-169 (conservator).
3. Prepare and File the Petition
File your petition in the district court where the alleged incapacitated person resides. Include:
- A completed petition form
- Medical or psychological evaluation
- Proposed care or estate management plan
- List of close relatives and their contact information
- Filing fee (varies by county)
See required petition contents at 30 O.S. §3-104.
4. Provide Notice to Interested Parties
Oklahoma law requires you to notify the proposed ward, spouse, adult children, parents, siblings, and any current caretaker at least 10 days before the hearing. See 30 O.S. §3-105.
5. Attend the Court Hearing
The judge reviews medical evidence, may interview the alleged incapacitated person, and hears testimony. The court often appoints an attorney or guardian ad litem to represent the person’s interests. Hearing procedures appear in 30 O.S. §3-107.
6. Appointment and Letters
If the court finds incapacity and approves your petition, it issues an order appointing a guardian and/or conservator. The clerk then issues official Letters of Guardianship or Conservatorship, giving you legal authority to act.
7. Post-Appointment Duties
- Guardians must make decisions in the ward’s best interest and report major changes to the court.
- Conservators must inventory assets, post a bond, and file annual accounts. See inventory rules at 30 O.S. §3-116 and bond requirements at 30 O.S. §3-123. Annual accounting is governed by 30 O.S. §3-129.
8. Modifying or Terminating the Appointment
You can petition the court to modify or end a guardianship or conservatorship if circumstances change. See 30 O.S. §3-124 for modification procedures.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss the specifics of your situation.
Helpful Hints
- Begin gathering medical reports before filing your petition.
- Keep clear financial records if you act as conservator.
- Maintain open communication with family members to reduce conflict.
- Use court-approved forms available from your county clerk’s office.
- Attend any required guardianship or conservatorship training in your county.