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Oklahoma Guardianship Lawyers

Guardianship is an issue that covers a whole spectrum of different issues. The proper procedures must be followed in order for things to go smoothly, therefore making legal counsel a very helpful tool in a very detail-oriented situation.

To be a guardian certain specifications and qualifications must be met, because a rather large responsibility will fall upon the person or people named as guardians. Any person that is seeking guardianship must fill out required paperwork in order to qualify for such a position. Issues such as child endangerment or any factors that would inhibit a person to care for themselves contribute to the decision regarding guardianship in Oklahoma.

Being a guardian means taking on massive responsibilities. Legal counsel is highly advised being that many documents must be filed, and the qualifications of the potential guardian must be checked. Atkins & Markoff can help with the processing of your guardianship case. Contact them today to receive your full consultation.

What Is Guardianship?

Guardianship is a court-supervised process by which a person other than a parent is given custody of a child or authority over a child’s property and interests. Appointment as a guardian requires the filing of a petition and approval by the court. 

3 Types of Guardianship:
A guardianship of the person/child
A guardianship of the child’s estate (property)

Guardian of the Person’s Duties

Fundamental Responsibilities – providing food, clothing, shelter, education, and all medical and dental needs of the child.

Custody - Full legal and physical custody of the child and responsibilities for all decisions relating to the child.

Guardian of the Estate’s Duties

Prudent investments – managing the child’s assets with the care of a prudent person.

Keeping estate assets separate – keeping the money and property of the child’s estate separate from everyone else’s assets.

Education – responsible for the child’s education (where the child attends school).

Residence – having the right to determine where the child lives.
Medical treatment – responsible for meeting the medical needs of the child.

Community resources – using agencies within a county that may be helpful in meeting the specific needs of children who come from conflicted, troubled, or deprived environments.

Financial support – the parents are still obligated to support the child financially.

Visitation – the court may require that you allow visitation or contact between the child and his or her parents.

Driver’s License – having the authority to consent to the minor’s application for a driver’s license.

Enlistment in the armed services – may consent to a minor’s enlistment in the armed services.

Marriage – the guardian and the court must give permission if the child has not reached the age of majority. 

Change of address – must notify the court in the writing of any change in the address of either the child or the guardian.

Court visitors and status reports – some counties have a program which court visitors track and review guardianships.

Misconduct of the child – liable for the harm and damages caused by the willful misconduct of a child.

Additional responsibilities – the court may place other conditions on the guardianship or additional duties upon you.

Required Guardianship Documents in Oklahoma

For an appointment as guardian to be valid, the appropriate order must be put forth by the court. Once the court signs the order, the guardian must take prepared forms to the clerk’s office where the clerk will record the documents. It is essential to obtain several copies of the letters from the clerk. These documents will help you by demonstrating your duties in enrolling the child in school, obtaining medical care and taking care of estate business.

Why Hire an Oklahoma Lawyer?

Guardianship being a highly complicated matter, it becomes highly recommended that legal counsel is obtained to help you through this complicated process in Oklahoma. Here at Privett Law I can assist you with your guardianship situation. Contact me now for a full consultation. Let me help you obtain your special responsibility as a guardian!