Guardianship in Midwest City.
The purpose of a guardianship is to appoint a guardian over a ward that is in need of physical and/or mental
care and management of their property. A ward can be a minor child, a partially incapacitated person, or an
incapacitated person. The guardian is legally responsible for the care of the ward and/or management of the
property of the ward. The guardianship can be general, limited, or special. A general guardian assumes the
care and management of the property of the ward, a limited guardian can only assume certain responsibilities
as ordered by the court, and a special guardian is generally appointed for emergency situations for a certain
period of time.
After a guardian has been appointed, the guardian becomes obligated to perform a number of duties
diligently, in good faith, and in accordance with the guidelines set out by the court and Oklahoma law. Some
of the duties of the guardian may include care of the physical and mental welfare of the ward, management
of the property of the ward, and filing an annual accounting of the ward’s property and report of the ward’s
physical or mental capacity.
The county where the ward resides is usually where the petition for a guardianship is filed. However, if the
guardian is a member of the proposed ward’s family, the guardianship can be filed in the guardian’s county
of residence. In instances where the guardian is a minor child over the age of fourteen (14), the child may
nominate a guardian for court approval. To be eligible to be appointed as guardian by the court, the guardian
must not be a minor nor an incapacitated or partially incapacitated person, a convicted felon, and the
guardian must not be insolvent, or have declared bankruptcy during the prior five (5) years. Further, the
guardian must not have been subject to the registration requirements of the Oklahoma Sex Offenders
Registration Act, or any similar act of any other state.
If the ward is an incapacitated or partially incapacitated person, notice of the court hearing for the
appointment of the guardian must be served upon the incapacitated or partially incapacitated ward, the spouse
of the ward, the attorney of the ward, and all adult children of the ward. If the ward does not have a spouse,
attorney, or adult children, then notice of the guardianship must be given to certain other family members.
If the ward is a minor child and has attained the age of fourteen (14), notice of the guardianship filing must
be given to the ward. Notice of the guardianship filing for a minor child must also be given to the living
parents of the ward and any other person having custody of the ward. If the ward has no living parent, then
notice must be given to certain family members.
The attorneys at Reneau & Childers can help you with any guardianship needs you may have.
We are local in Midwest City.