In Oklahoma, guardianship refers to a legal arrangement where a court-appointed guardian is tasked with providing care for a minor child or incapacitated adult and/or their property.
In guardianships for children, it’s often either that a child’s parents are deceased or themselves incapacitated. Because the child is a minor, a trusted adult must step in as their guardian to provide essential care.
Guardianship of an incapacitated adult may be relevant when someone with a mental or developmental disability reaches adulthood but is unable to manage their own care and affairs. This type of guardianship may also be necessary when someone experiences a severe illness or injury and loses their capacity to provide care for themselves.
Four Common Types of Guardianship
There are four common configurations for legal guardianship whether they involve children or adults. Each type of guardianship serves a unique purpose, offering degrees of control that a guardian may have over someone else’s life.
General Guardianship
A general guardianship is one in which the guardian assigned by the court may be totally responsible for their ward. This means that in addition to holding and managing the ward’s property for their benefit, the guardian is also involved in the ward’s day-to-day care. Such care can involve providing food and shelter, taking them to doctor appointments, and providing them with education and enrichment opportunities.
Limited Guardianship
A limited guardian is someone assigned by the court to have some degree of responsibility over their ward, but their powers as a guardian are restricted. Limited guardianships may be relevant when an adult ward has some capacity to care for themselves or their affairs, but the court deems it necessary to assign a guardian to them for a specific purpose.
Special Guardianship
Special guardianships are often only granted on an emergency basis and rarely last more than 30 days. Special guardians may have authority over a ward’s person or property, but only when imminent danger to their person or property is apparent. Special guardianships can be quickly arranged, often within 72 hours of filing a petition.
Guardianship Ad Litem
Although a guardian ad litem is not technically considered a legal guardian, they are appointed by the court in a decision-making capacity for a ward. These are relatively informal arrangements that aren’t intended to last longer than necessary to assist the court for certain purposes.
Do You Have Questions About Guardianship?
Guardianship can be a difficult legal topic to navigate by yourself. If you are seeking legal guardianship for someone you love, hiring professional legal assistance can provide you with the support you need.
Bundren Law Firm, P.C. can help. With many years of experience, our attorney can offer a personalized approach to resolving your legal questions and disputes. For more information, reach out to us and request a consultation.
Get started now by contacting us online!