OKLAHOMA HAS THREE TYPES OF GUARDIANS
▸ GENERAL of person or property, or both.
▸ LIMITED of person or property, or both.
▸ SPECIAL of person or property, or both.
▸ 30 OS §1-108
■ NOT EVERYONE CAN QUALIFY TO SERVE AS A GUARDIAN
DISQUALIFICATION TO SERVE AS A GUARDIAN
▸ MINOR OR INCAPACITATED. Cannot be a minor or incapacitated person.
▸ CRIMINAL RECORD. Proposed guardian nor each adult member of guardian’s household cannot have a criminal conviction, protective order, or pending criminal charge. Court may require OSBI background check. Court shall conduct hearing to determine if it believes the proposed guardian would be unfaithful or neglectful of the responsibilities of a guardian and if the appointment is in the best interest of the ward. 30 OS §4-105
▸ INSOLVENT OF BANKRUPT. Cannot be insolvent or having filed bankruptcy for 5 previous years. Court shall conduct hearing to determine if appointment is in the best interest of the ward. 30 OS §4-105
▸ UNDER FINANCIAL OBLIGATION TO WARD. Cannot be under a financial obligation to the ward. Court shall conduct hearing to determine if the financial obligation will impair the ability of the proposed guardian to act in the ward’s best interest. 30 OS §4-105
▸ CONFLICT OF INTEREST. Cannot be a conflict of interest that would preclude or be substantially detrimental to the ability to act in the best interest of the ward. Court shall determine whether or not a current or potential conflict of interest is substantial and likely to preclude or impair the ability to act int eh ward’s best interest. 30 OS §4-105
▸ RESIDENT OF OKLAHOMA. The guardian must be a resident of Oklahoma for one year before appointment as a guardian. However, this requirement does not apply if the guardian is related to the ward: spouse, child, grandchild, parent, grandparent, sibling, aunt, uncle, niece or nephew. Any of these may be nonresidents. 30 OS §4-104(B)
▸ MUST BE A US CITIZEN, LEGAL RESIDENT OR LEGALLY PRESENT. The guardian must be a US citizen, legal resident or legally present in the United States. 30 OS §4-104(A)
▸ CANNOT BE GUARDIAN FOR MORE THAN 5 WARDS. A guardian can not be guardian for more than 5 wards. 30 OS §4-101
AN EXPERIENCED ATTORNEY WILL KNOW WHAT TYPE OF GUARDIANSHIP IS RIGHT FOR YOUR FAMILY MEMBER. Brent D. Coldiron has over 42 years of experience. You can trust him. He knows what to do! Contact Brent at (405) 478-5655. He has offices in Oklahoma City and Midwest City.