Guardianship

Tulsa Guardianship Lawyer

Experienced Guardianship Attorney Serving Tulsa County, Oklahoma

When the court appoints someone to take care of another individual and/or their property, it is the legal proceeding of guardianship. The person appointed is called the guardian, and the person the guardianship is for is called the ward. Both children and adults may have a guardian appointed to care for them. Typically, minor children will be assigned a guardian when their parents die or are otherwise unable to care for them. Vulnerable adults, such as those with special needs or who are otherwise unable to care for themselves, may also be appointed guardians to ensure their needs are met.

There are three types of guardianship in Oklahoma:

General guardianship - the guardian has complete control over the ward and/or their property
Limited guardianship - used for situations in which the guardian is only given certain powers over the ward or the ward's property
Special guardianship - used in emergencies and is generally temporary, lasting no more than ten days

We treat every case with compassion and understanding. Call us today at (918) 201-1062 or connect with us online to speak with our experienced Tulsa Guardianship Lawyer.

Understanding the Guardianship Process in Oklahoma

Navigating the guardianship process can be complex and emotionally challenging. At David C. Fisher Law Firm, PLLC, we believe that knowledge is power. Our team is dedicated to providing you with the information you need to make informed decisions regarding guardianship in Tulsa and the surrounding areas.

Here are some key aspects of the guardianship process that you should be aware of:

Types of Guardianship: Understand the different types of guardianship available, including full guardianship, limited guardianship, and temporary guardianship, to determine which best suits your situation.
Eligibility Requirements: Familiarize yourself with the eligibility criteria for becoming a guardian, including age, residency, and background checks.
Legal Documentation: Learn about the essential documents required to initiate the guardianship process, including petitions, notices, and court reports.
Rights and Responsibilities: Gain insight into the rights you will have as a guardian, as well as the responsibilities you will need to uphold to ensure the well-being of the individual under your care.
Court Procedures: Prepare for the court hearings and procedures involved in establishing guardianship, including what to expect during the process.

At David C. Fisher Law Firm, PLLC, we are committed to guiding you through each step of the guardianship process. Our experienced attorneys are here to answer your questions, address your concerns, and advocate for your best interests.

Becoming a Legal Guardian in Oklahoma

Becoming a legal guardian in Oklahoma involves a structured legal process designed to protect and care for individuals who are unable to make decisions for themselves due to age, incapacity, or other reasons.

Here's a brief overview of the steps involved:

Petition Filing: To initiate the guardianship process, you must file a petition in the appropriate Oklahoma court. This typically involves providing information about the person in need of a guardian and explaining the reasons for the guardianship.
Notification: Once the petition is filed, interested parties, including the individual for whom guardianship is sought, may be notified. This ensures that everyone involved is aware of the proceedings and has an opportunity to express their views.
Evaluation and Hearing: A court-appointed evaluator or investigator may assess the individual's circumstances to determine if guardianship is necessary. A hearing will then be scheduled, during which evidence and arguments are presented to the judge.
Court Decision: The judge will review the evidence, consider the best interests of the individual, and decide whether to grant guardianship. If approved, the court will issue a legal order outlining the guardian's responsibilities and limitations.
Ongoing Reporting: Guardians have ongoing responsibilities, including providing regular reports to the court about the individual's well-being and financial matters, if applicable.
Termination or Modification: Guardianships can be terminated or modified if circumstances change. The court may re-evaluate the need for guardianship based on the individual's evolving condition.

Becoming a legal guardian in Oklahoma is a serious responsibility that requires adherence to legal procedures and the welfare of the individual at the forefront. Seeking legal guidance and representation throughout the process can ensure that you fulfill your duties effectively and ethically. Our experienced Tulsa guardianship lawyer can help.

Why Choose David C. Fisher Law Firm for Your Guardianship Needs?

When it comes to navigating the complexities of guardianship law, having the right attorney by your side can make all the difference. At David C. Fisher Law Firm, we understand that every guardianship case is unique and requires a personalized approach.

Here are just a few reasons why clients in Tulsa trust us with their legal needs:

Compassionate Guidance: We recognize that guardianship matters often involve sensitive family dynamics. Our team is dedicated to providing compassionate support throughout the legal process, ensuring that you feel heard and understood.
Comprehensive Knowledge: With extensive experience in guardianship law, we stay updated on the latest legal developments and local regulations, allowing us to offer informed and effective representation.
Tailored Solutions: Every situation is different. We take the time to listen to your specific circumstances and goals, crafting strategies that align with your needs and objectives.
Commitment to Excellence: Our firm is dedicated to maintaining the highest standards of professionalism and integrity. You can trust us to advocate fiercely for your rights and the best interests of your loved ones.

Choosing the right guardianship attorney is crucial for ensuring a smooth and successful process.

Guardianship Over a Minor Child in Oklahoma

When appointing guardians of minor children, the courts often turn to close relatives, such as grandparents, aunts, and uncles. However, parents may nominate a guardian for their children in their will, and this person does not have to be a direct relative. The guardianship goal is to ensure that the child and their property are physically, financially, and legally taken care of.

An appointed guardian has the legal right to make personal and financial decisions for the ward, including those regarding:

Education
Financial needs
Medical needs
Psychological needs
Religious upbringing
Special needs

According to a 2020 statute, when a minor child or children have been abandoned, a qualified relative may seek custody of the children in question. If you care for minor relatives who have been abandoned by their parents or need help seeking guardianship over minor relatives, call our family law firm; our compassionate Tulsa guardianship lawyers are ready to help you ensure your family is taken care of.

Guardianship Over an Incapacitated Adult

Adults who are either fully or partially incapacitated may also be appointed a guardian by the courts. Often, adults find themselves in need of a court-appointed guardian due to a physical or mental disability. It is not uncommon for the elderly to require a guardian at some point in their lives.

In Oklahoma, adults have the right to proactively self-appoint a guardian for themselves and their affairs. Many people incorporate guardianship plans into their estate plans. When a self-appointed guardian is not named, and an adult is incapacitated, another individual can petition the courts to be appointed guardian over the vulnerable adult.

The adult who is alleged to be incapacitated has certain rights, and in many cases, the courts will appoint them an attorney to act as guardian ad litem. The guardian ad litem advocates for the incapacitated adult and ensures their best interests are protected. David C. Fisher Law Group, PLLC is qualified to serve as guardian ad litem for both minor children and incapacitated adults.

Provide for Your Loved Ones with Help from Our Experienced Tulsa Guardianship Lawyer

Everyone deserves a stable environment. However, when minor children or dependent adults lose their parents or caregiver, that reliable stability can disappear. At David C. Fisher Law Group, PLLC, we know how important it is to you that your loved ones' future is protected, especially when faced with the worst-case scenario. One of the best ways to secure your family's stability is by proactively appointing a legal guardian for any minor children or dependent adults.

Since 2002, our Tulsa guardianship attorney has helped countless families regain stability and peace of mind through professional guardianship services. We are conversant in all aspects of guardianship law in Oklahoma, and we can handle any situation. Whether you need help drafting a will that names a guardian or you are seeking to be appointed guardian over a vulnerable family member, our law firm is just a phone call away.

To discuss your case with an experienced Tulsa Guardianship lawyer, call our office at (918) 201-1062 or schedule an appointment online. All consultations are confidential.

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