Adult guardianship is an important legal process when an individual is incapacitated and cannot make necessary decisions about their finances, medical care, or legal affairs. Through this legal process, the court appoints a guardian to make decisions on the individual’s behalf.

If you missed part one of this series, find it here to learn more about the basics of adult guardianship in Oklahoma — when it’s needed, the different types of guardianship, and the basic process.

Filing a petition for guardianship

The person filing a guardianship petition must prove that the named individual is incapacitated and provide an estimated value of the individual’s assets. Medical documentation is required to evidence the person’s diagnosis and the degree of incapacity. This may include records from a primary care physician, emergency room physician, or mental health professional showing that the person is not able to make informed decisions on their own.

Once the petition is filed, the person seeking guardianship over the incapacitated individual will schedule a hearing date with the court and is required to notify certain individuals in accordance with the provisions of the Oklahoma statutes. The individual who is the subject of the guardianship must be notified. Other individuals who are required to be noticed may include the spouse of the subject of the proceeding, attorney, adult children, or parents.

Additional notifications must be sent to anyone proposed to serve as guardian, the person or facility currently providing care, and any state or federal departments providing services to the individual. The subject of the proceeding  must be served with copies of the pleadings in person by an attorney for the petitioner, a sheriff, or a licensed process server. All other notifications may be sent by first-class mail from the court clerk, deputy court clerk, or the petitioner’s attorney.

Attending the guardianship hearing

The guardianship hearing is an opportunity for the judge to learn more about the case before deciding whether to approve the petition. The individual named in the petition has the right to attend and participate in the hearing and to be represented by an attorney. If they do not have an attorney, the judge can appoint one.

The judge may ask questions of the individual and/or their attorney, as well as ask questions of the person who filed the petition for guardianship. These questions help the judge better understand the level of incapacity of the individual and the proposed care plan for both the individual and their assets.

If the judge makes a finding that the individual is either partially or fully incapacitated and that there is no less restrictive alternative to guardianship, the judge will sign the order appointing a guardian and letters of guardianship.

Fulfilling responsibilities as a guardian

A guardian must protect the rights and manage the finances of the incapacitated individual. This includes overseeing their healthcare, living arrangements, and financial assets as outlined in the guardianship plan and in the Court’s orders. The guardian must also submit annual reports to the court and any other required parties with updates on the individual’s health, living arrangements, and assets.  

Being appointed guardian for an adult is a significant legal responsibility and not one to take lightly. Guardianship is a long-term commitment to the person’s well-being and to meeting the legal obligations designed to keep them safe.

It is always best to consult with an attorney before starting the adult guardianship process. An experienced attorney can provide guidance throughout the process to ensure the person submitting the petition understands the full scope of responsibility and complies with Oklahoma law.