Detailed answer

Short answer: In Oklahoma, being appointed guardian of the person does not automatically make you guardian of the estate. The court treats control of the person (decisions about care, medical treatment, residence) and control of the estate (management of money and property) as separate roles. You generally must petition the court separately for authority over the estate (often called a conservatorship or guardian of the estate), and the court must make a separate appointment before you may manage the wards assets.

Legal framework (where to read the law)

Oklahoma sets out guardianship and conservatorship rules in its probate statutes. For the statutory framework and specific procedural requirements, see Title 30, Oklahoma Statutes (Probate). You can review Title 30 online: https://www.oklegislature.gov/osstatuestitle.html?title=30.

Why the court separates the roles

The state separates these roles to protect vulnerable people and their property. Decisions about health, placement, and daily care are very different from financial management. Courts require different findings, bonding, inventories, and accounting rules for someone who manages money versus someone who makes personal-care decisions.

Practical consequences

• If you are appointed guardian of the person only, you may make decisions about where the ward lives, what medical care they receive, and who provides daily care. You cannot legally access their bank accounts or sell their property unless you also have the courts appointment to manage the estate.
• To manage money or property, you must usually file a separate petition asking to be appointed guardian of the estate (or conservator, depending on the terminology used in the petition). The court may require a bond, an inventory of assets, and periodic accountings to the court.
• Court forms and hearing procedures often require notice to relatives and other interested parties for appointments that involve control of assets.

Typical court requirements for a guardian of the estate

While exact requirements vary by county and judge, common requirements include:

1. Filing a separate petition for appointment as guardian of the estate or conservator;
2. Providing evidence of the wards incapacity as to financial affairs;
3. Filing an inventory of the wards assets;
4. Posting a bond (the amount depends on the size and nature of the estate) unless the court waives it;
5. Filing periodic accountings and receipts with the court; and
6. Giving notice to heirs and other interested persons.

Hypothetical example

Suppose Aunt Mabel becomes incapable of managing money after a stroke. Her sister is appointed guardian of the person to make medical and living decisions. If the sister needs to pay Aunt Mabels bills from Aunt Mabels bank account or sell a house to pay nursing-home costs, she must also be appointed guardian of the estate (or conservator). Without that separate appointment, the sister would have no lawful authority to transfer money or sign estate-related contracts on Aunt Mabels behalf.

What the court will consider when deciding whether to appoint a guardian of the estate

The court will evaluate whether the alleged incapacitated person lacks sufficient understanding or ability to manage their financial affairs. The judge will consider medical evidence, testimony, the proposed guardians plans for protecting assets, and whether less restrictive alternatives (powers of attorney, supported decision-making, or trusts) are available.

When both roles are needed

It is common for one person to hold both positions if the court finds that combination appropriate. However, the court still must make a separate finding and issue a separate appointment for control of the estate. The clerk will typically enter separate letters of guardianship (for the person) and letters of guardianship of the estate or conservatorship (for assets).

Next steps and recommended actions

1. Check local court forms and rules. Many Oklahoma probate courts provide instructions and forms for petitions concerning guardianship and conservatorship.
2. If you need authority over money or property, file a separate petition for appointment as guardian of the estate (or conservator) and follow the courts bond and accounting rules.
3. Keep detailed records and separate the wards funds from your own. Courts require inventories and accountings.
4. Consider less restrictive options first (durable power of attorney, representative payee, or trusts) if the person retains some capacity.
5. Consult an attorney experienced with Oklahoma probate and guardianship law for complex estates or contested matters.

Disclaimer

This article is educational only and does not constitute legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, consult a licensed Oklahoma attorney.