Adult guardianship is a legal process in which a court appoints a guardian to make decisions on behalf of another adult. While some guardianships can be avoided with planning, many cases arise unexpectedly — often in a moment of crisis. Understanding how guardianship works in Oklahoma can help families prepare before that happens.

When is a guardian needed?

An adult guardianship proceeding becomes necessary when a person is no longer able to make informed decisions about their finances, medical care, or legal affairs due to mental and/or physical incapacity.

This can include adults with developmental disabilities, those who become incapacitated due to illness or injury, individuals whose judgment is impaired by substance abuse, or aging adults with advanced dementia or Alzheimer’s Disease.

Different types of guardianship

There are two basic types of guardianship – limited and general.

A limited guardianship arises when a person is deemed to be partially incapacitated. Limited guardianship acknowledges that the person has the legal capacity to make some decisions. It grants limited decision-making authority to the guardian in certain areas — such as financial, legal, or healthcare decisions — while the subject of the guardianship retains control in other parts of their life.

A general guardianship is necessary if the court determines by clear and convincing evidence that the individual is fully incapacitated. A general guardianship grants broader authority and covers decisions about the person, their property, or both. Most general guardianships involve both the person and their property (i.e., their finances and assets), though there are cases where only one is needed.

Who can be appointed guardian?

Guardians can include:

✅ A family member, such as a spouse, sibling, parent or adult child

✅ A close friend with a trusted relationship

✅ A professional guardian or attorney (when no friends or family are available)

✅ A guardian appointed by the Court

Oklahoma statutes provide a list of individuals who would have priority to serve as guardian. Typically, the spouse, adult child or parent of an incapacitated individual will have preference over others to serve as the incapacitated person’s guardian.The Court will often require a criminal background check on any proposed guardian. A recent bankruptcy filing is another factor the Court can consider when appointing a guardian.

The guardianship process

Adult guardianship is a legal process that includes filing a petition, appearing in court, and following all orders entered by the Court as well as the state statutes. Navigating the court process can be incredibly stressful for the individual and their loved ones, especially if initiated during a health crisis or when the person’s mental state limits their understanding of the situation. We’ll cover the hearing process and annual reporting requirements in part two next month.

How to avoid guardianship

In some cases, a comprehensive estate plan can prevent the need for court-ordered guardianship. With the right legal documents in place, a person can name trusted individuals to make decisions for them if they ever become incapacitated.

Key documents in the estate plan that prepare for incapacity include:

• Durable Power of Attorney for financial and legal decisions
• Health Care Power of Attorney for medical decisions
• Advance Directive for Healthcare to document the person’s end-of-life care preferences
• Trust that allows assets to be managed without court involvement

Since estate planning decisions are made while the person is of sound mind, they can help avoid the guardianship process entirely to reduce stress on the family and ensure the person’s wishes are honored.