Oklahoma Guardianship Law

A guardian is one who makes decisions about how a person lives, including their residence, health care, food, and social activity. A guardian is supposed to consider the wishes of the person, as well as their previously established valued, when making these living decisions. The guardian is intended to monitor the legally incapacitated person, to make sure that the person lives in the most appropriate, least restrictive environment possible, with appropriate food, clothing, social opportunities, and medical care.

Guardianship is legally not the same as a conservatorship. The traditional distinction between guardians and conservators is as follows:

• Guardians - A guardianship is a legal right given to a person to be responsible for the food, health care, housing, and other necessities of a person deemed fully or partially incapable of providing these necessities for himself or herself.
• Conservators - A conservatorship is a legal right given to a person to be responsible for the assets and finances of a person deemed fully or partially incapable of providing these necessities for himself or herself.

In some jurisdictions, a guardianship may be referred to as a "conservatorship of the person" or by some similar name, or there may be a type of guardianship position which subsumes many of the tasks of the conservator. This article assumes a the traditional division between legal guardianship and conservatorship.

Under most circumstances where a person requires a legal guardian, the person's incapacity will also impair his or her ability to manage financial matters. Thus, petitions for guardianship are often brought at the same time as petitions for conservatorship, and all associated proceedings are combined.

Rick J. Henthorn, PLLC can help if you havve issues involved with creating, maintaining, or terminating a legal guardianship.