Children require committed support and supervision, and an adult hampered by age or a health condition may also be in need of continuing care and assistance. At the law firm of Denker & Zuhdi, PLLC in Oklahoma City, we help individuals and families create guardianships and conservatorships for the care of their loved ones. Our attorneys explain the different types of arrangements available in Oklahoma and the requirements for establishing them.
Guardianship may be granted for minors or adults who do not have the ability to care for themselves. This may occur if a child’s parents are dead or otherwise prove unable to care for and protect the child. A guardian may be appointed for an adult who is unable to act in the interest of their own safety or financial well-being.
A person who becomes the guardian of a child has the authority to enroll the child in school, authorize medical care and make other decisions about his or her daily life. Minor guardians must undergo a background check, complete a home study, pay necessary fees and attend a court hearing.
If you wish to establish a guardianship for a child or adult, you will have to file a petition with the district court requesting these rights and detailing why the guardianship is necessary. In Oklahoma, there are three different types of guardianship for a protected individual, who is known as ward:
Obtaining guardianship of an incapacitated adult involves proving the person’s incapacitation, and also requires a court hearing. The proposed ward has the right to fight the guardianship at the hearing.
A conservatorship is another type of appointment. It can be made when an adult person has a physical disability without mental incapacity but only if the disabled person gives his or her consent. The conservator’s powers are limited to property management.
Either the ward or the guardian can petition to change petition to terminate a guardianship. A court will do so only if it is in the best interests of the ward.
Our estate planning attorneys advise and represent wards or guardians seeking to end arrangements that no longer serve the purposes for which they were created. For example, an adult ward may regain his or her mental or physical competence, making a guardian unnecessary. Guardianship over a child ends when the child turns 18 or gets married. In addition, a guardian may be stripped of power due to mismanagement of the ward’s finances or well-being.
With more than 50 years of combined experience, the attorneys at Denker & Zuhdi, PLLC provide reliable legal guidance in the area of guardianships and conservatorships. To schedule your free initial consultation, call our in Oklahoma City office at 405-946-5533 or contact us online.
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"Having been one of the largest buyers of foreclosures in the state for nearly 30 years, it is the nature of our business to be involved in litigation. We chose Rick Denker as our attorney by using the best method possible. He represented the other side. During this litigation, we saw an intelligent, hard-working man who had common sense. He attempted to resolve the case in the best interest of his client quickly instead of just running up the legal bills. During the past several years that he has represented us, we have been very pleased with his success and would highly recommend him." - –Tana Parks, owner of Ted Parks LLC and Winfield Investments LLC, Tulsa, Ok
"“I believe Rick takes a common sense approach to complex issues and looks for the best resolution in a timely fashion. Rick is very approachable and is easily accessible. Rick has been around in Oklahoma City awhile and knows who to talk to and where to go to take care of your legal issues.”" - –Doug Summers President, Paleo, Inc