A guardian is someone who has the legal right and duty to make decisions and provide care for another person when that person is unable to do so on their own. It typically applies to minors but may also apply to adults with disabilities. A guardian acts in an individual’s or minor’s best interests, and they are often family members or close friends.
A guardian is needed if a minor child’s parents pass away unexpectedly, if they are incapacitated due to illness or if they are imprisoned for committing a crime. Alternatively, adult guardianship may be necessary for individuals with serious disabilities, especially if their caretaker can no longer fulfill their duties.
Types of guardianships
There are four types of guardianships in Oklahoma. They are as follows:
- Guardianship of minor. This is a court-appointed guardianship. Decisions concerning the personal and financial affairs of a minor are to be made by the guardian under this legal arrangement.
- Guardianship of an incapacitated adult. A guardianship of this kind is instituted when an adult is determined to be incapable of making sound choices for themselves. The care and management of the adult’s money and personal matters are the responsibilities of the guardian.
- Limited guardianship. This type of guardianship is set up when the person in question is only partly unable to care for themselves or needs help making certain choices or decisions. This way, the guardian may have some say in these matters while letting the person still maintain control over others.
- Emergency guardianship. The court has the authority to designate an emergency guardian in instances when prompt intervention is required to safeguard a person, such as when abuse or neglect is taking place.
The type of guardianship assigned is determined based on the individual’s specific circumstances and needs. Guardianships are legally established and require court approval, which is why it is advisable to seek legal guidance with the process.