What Is a Guardianship

Guardianships exist and are used to protect the welfare of children and incapacitated adults. When an individual is unable to care for his or her physical or financial well-being, a guardian may be appointed by the court to take care of the person or property of another.

Because of the importance of guardians in making sure their wards are taken care, of the court will consider guardianship decisions very carefully, placing the welfare of potential wards above all other considerations.

What Do Guardians Do

What a guardian does will depend on the type of guardianship granted. While a guardian of the person will have different powers and duties than a guardian of the property, all guardians are limited to the powers given to them by the court. Because they are appointed by the court, guardians perform their duties under the supervision and direction of the court.

Some of the responsibilities of a guardian are: filing an inventory of the estate of the ward; providing for the care and control of the ward; knowing the needs, opportunities, and health of the ward; assuring that the ward has adequate housing, nutrition, and other basic necessities; providing the court with a Plan for the Care and Treatment of the ward; and filing the required reports detailing the activities of the guardian on behalf of the ward.

Types of Guardians

There are three types of guardians provided for in Oklahoma law. These are a general guardian, a limited guardian, and a special guardian.

A general guardian is guardian of the person or all of the property of the ward within the state or of both the person and the property.

A limited guardian is a person authorized by the court to exercise limited powers over the person of the ward, or over the property of the ward within this state, or over both such person and property.

A special guardian is a guardian appointed by the court in certain situations. These types of guardianships are put in place when there is immediate danger to the physical or financial health of an individual. Special guardianships are often temporary.

Guardian of the Person

General guardians of the person are charged with custody of the ward and must consider the support, health, and education of the ward when choosing where their ward should live.

Those who serve as limited guardians of partially incapacitated persons are not considered to be responsible for the custody of their ward and only have the powers over the person of the ward that are granted to them by an order of the court.

Guardian of the Property

Guardians of the property are in charging of keeping the property of their ward safe. This means they must not allow any waste or destruction of the property.

Calls us at (580) 234-6600 to discuss guardianships.

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