Sometimes, a person other than a person's biological parents needs to obtain guardianship of a dependent. Guardianship legally designates a court-appointed guardian, typically a family member or relative of the minor, as responsible for the minor or disabled adult's care, as well as the care of their property.

Guardians are appointed when an individual is unable to take care of their own affairs, whether they're a minor or an adult with either full or partial incapacities. Take a look at some of the most common questions surrounding legal guardianship.

What Forms of Guardianship Exist?

In some cases, a ward, or a person whose care responsibilities are appointed to a guardian, may be able to care for themselves and their affairs in one way, but not in another. Because of this, three primary forms of guardianship exist:

• General guardianship - This occurs when a ward is appointed a guardian responsible for all aspects of their care and property.
• Limited guardianship - A guardian may be appointed with limited care requirements or powers over their care and property.
• Special guardianship - Otherwise known as emergency guardianship, this designation typically lasts only several days but is not to exceed 30 total consecutive days.

When Is Guardianship Necessary?

In short, a guardian is appointed in the event that a minor or incapacitated adult requires care that they cannot provide for themselves. Minors, by nature, legally require a parent or legal guardian to assume their custody.

An adult in need of guardianship must be incapacitated or partially incapacitated and be unable to make sound, reasonable decisions for their own wellbeing. Legally recognized causes of incapacitation include physical or mental illness and disability, drug or alcohol dependency, or when an individual lacks the capacity to both process and communicate information regarding their health and safety.

How Is Guardianship Granted?

Guardianship may be granted through a number of processes, but a few situations are most common. Guardians may be appointed by the state in the event a ward has been abandoned, orphaned, or neglected, or a parent or previous guardian's rights are terminated.

An existing parent or guardian may also select a guardian either in life or death. A parent or caregiver's will may propose a legal guardian in the event of their death, or they may file a form to recommend an additional guardian if the ward only has one current parent or guardian responsible for their care. In every case, guardians must be approved by the state and legally designated as fit.

Who Is Eligible to Become a Guardian?

Anyone with investment in the ward's care may apply for guardianship. Courts consider applications from persons over the age of 18 who demonstrate legal fitness, including spouses, adult children, siblings, aunts, uncles, grandparents, parents, adults with whom the ward has resided with for over six months, and any adult nominated by the ward for their own guardianship.

What Is the Difference Between Guardianship and Conservatorship?

These terms are often used interchangeably, and in many cases, the use of both terms is appropriate. However, conservators are typically primarily responsible for a ward's property and finances, and the term is typically for situations with adult wards that have been deemed incapacitated fully or partially.

What Are a Guardian's Responsibilities?

A guardian assumes financial, legal, health, and safety responsibilities for the ward under their care. Guardians are entrusted with legal authority to make decisions for a ward and must submit a care and management plan to the court for review.

Guardians are required to maintain continuous communication with their ward and communicate with the courts once per year regarding the status of and updates about their ward.

For additional questions about guardianship laws, contact our offices. The Kanehl Law Firm P.L.L.C. has a qualified team of attorneys that have helped dozens of families in Oklahoma. Contact us today to schedule a free consultation.