Guardianship
Matters

What Is Guardianship?

Guardianship is a court-supervised arrangement under the Oklahoma Guardianship and Conservatorship Act (Title 30 O.S.) where one person (the guardian) is given legal authority to make decisions for another person (the ward) who cannot make decisions for themselves. This may be necessary for:

• Minor children whose parents are deceased, incapacitated, or unfit
• Adults with dementia or Alzheimer's disease
• Adults with developmental disabilities
• Adults with serious mental illness
• Adults who have suffered brain injury or severe illness

Guardianship vs. Conservatorship

These terms are sometimes confused, but they cover different responsibilities:

• Guardian of the Person – Makes personal decisions: healthcare, living arrangements, daily care, social activities
• Conservator (Guardian of the Estate) – Manages financial matters: paying bills, managing investments, handling property transactions

Often the same person is appointed as both guardian and conservator, but they can be separated if the situation calls for it—for example, if the best choice for personal care decisions isn't the best choice for financial management.

Types of Guardianship

General Guardianship

The guardian has broad authority to make all personal (or financial) decisions for the ward. This is appropriate when the ward cannot make any major decisions independently.

Limited Guardianship

The guardian's authority is restricted to specific areas where the ward needs assistance. Oklahoma courts prefer this approach when possible, preserving the ward's autonomy in areas where they can still function.

Emergency Guardianship

Temporary guardianship granted quickly—sometimes within days—when someone faces immediate danger. Emergency guardians have limited powers and short terms, with full hearings required within 30 days.

The Guardianship Process

1. Petition – File a petition with the court explaining why guardianship is needed and who should serve as guardian
2. Notice – The proposed ward and their family members receive notice of the proceeding
3. Investigation – The court may appoint a guardian ad litem to investigate and report on the situation
4. Evaluation – For incapacity cases, medical or psychological evaluations may be required
5. Hearing – The court hears evidence and determines whether guardianship is necessary
6. Appointment – If approved, the court issues letters of guardianship
7. Ongoing oversight – Guardians must file annual reports; conservators file accountings

Guardian Responsibilities

Serving as guardian is a significant responsibility under 30 O.S. § 3-119:

• Act in the ward's best interests at all times
• Make decisions the ward would make if able
• Maintain and file required reports with the court
• Cannot profit from the role beyond reasonable compensation
• May face personal liability for breaching duties

Common Guardianship Mistakes

Guardianship proceedings require careful attention. These are mistakes that can derail or delay your petition:

• Not exploring alternatives first: Courts prefer powers of attorney and healthcare directives over guardianship when possible
• Inadequate medical evidence: Incapacity claims require proper documentation from treating physicians
• Failing to notify all parties: Missing required notice to family members can void proceedings
• Underestimating opposition: Other family members may contest your petition; prepare accordingly
• Ignoring annual reporting requirements: Failure to file required reports can result in removal as guardian