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Guardianship - Requirements for Filing for Guardianship 
 
Several documents must be filed with the court in order to be appointed guardian of the person, estate, or both. These include:

  • Guardianship Petition
  • Plan for the Care and Treatment of the Ward
  • Plan for the Management of the Financial Resources of the Ward
  • Inventory
In addition, the person petitioning for guardianship must schedule a hearing and give notice to the ward and others entitled to notice. The court may also require the guardian of the estate to secure a bond.

 
Filing a Guardianship Petition

A person seeking to become guardian begins the process by filing a Petition with the court. Generally, the petition is filed with the court in the county where the potential ward lives. If the petitioner is a member of the ward's family, the petition may be filed in the county where the proposed guardian lives. 30 O.S. s. 1-115.

 

The petition asks the court to declare the potential ward incapacitated (or partially incapacitated) and appoint the petitioner guardian. While not required by law, medical evidence of the potential ward's incapacity should be submitted with the petition.

 

The petition must be verified. This means that the petitioner must sign a statement swearing that the information in the petition is true to the best of his or her knowledge.

 

Under Oklahoma statute 30 O.S. s. 3-101, the petition must also include the following information:

  • The names and addresses of every person entitled to notice (see 30 O.S. s. 3-110)
  • The name and address of the potential ward's attorney, if any
  • The nature and degree of the alleged incapacity
  • The facts and reasons for the guardianship
  •  What the petitioner asks the court to do (usually appoint a general or limited guardianship)
  • The estimated value of the ward's savings and other financial resources
Scheduling a Hearing and Giving Notice

Once the petition is filed with the county court clerk's office, the petitioner must schedule a hearing with the judge. The hearing must be scheduled within 30 days of filing the petition. However, the ward and others entitled to notice must be given at least 10 days notice of the hearing.

 

Notice must be given to the potential ward in person. This can be done by the sheriff, a process server, or the attorney representing the guardian. Notice to others can be accomplished by first-class mail sent by the court clerk, sheriff, or attorney.

 

In addition to the ward, notice must be given to the following people and entities:

  • The ward's spouse, if any
  • The ward's attorney, if any
  • Any person or organization nominated to serve as guardian, if any
  • The person or facility having custody of the proposed ward (e.g., a nursing home)
  • If the ward is a veteran, the Veterans' Administration
  • Department of Human Services and/or the Department of Mental Health and Substance Abuse Services, if the ward is receiving assistance from either  or both
  • All adult children of the ward, if any
  • If no children, the ward's parent(s), if still living
  • If no children or parents, all of the ward's adult siblings and adult grandchildren, if any
  • If the proposed ward has no spouse, children, parents, siblings, or attorney, notice must be given to between one and three of the ward's closest living relatives

For more information on giving notice, see 30 O.S. s. 3-110.

 
Plan for the Care and Treatment of the Ward

The person seeking guardianship of the person must file a proposed plan for the care and treatment of the ward. This plan can be filed with the guardianship petition, at the hearing, or up to 10 days after the appointment of the guardian of the person.

 

The proposed plan for the care and treatment of the ward must describe the services the ward requires, how the services will be provided, how the guardian of the person and property will share responsibility (if different people), and what other services will be required to meet the needs of the ward.

 

The plan must be approved by the court. For more information on the plan for the care and treatment of the ward, please see 30 O.S. s. 3-120.

 

Plan for the Management of the Financial Resources of the Ward

The person seeking to be guardian of the property or estate of the ward must file a Proposed Plan for the Management of the Financial Resources of the Ward.  This plan can be filed with the guardianship petition, at the hearing, or up to 2 months after the appointment of the guardian of the estate. 

 

The plan must describe the services necessary to manage the property of the ward, how those services will be obtained, how the guardian of the person and property will share responsibility (if different people), and what other services will be necessary to meet the ward's needs.

 

The plan for the management of the financial resources must be approved by the court. For more information about the plan for the management of the financial resources of the ward, see 30 O.S. 3-122.

 

Inventory

The guardian of the estate or property must file an inventory of the ward's property. This inventory can be filed with the petition, at the hearing, or up to 2 months after the guardian is appointed.

 

The inventory describes all of the ward's real and personal property and its estimated value. If new property is discovered or acquired, the guardian must file an updated inventory. For more information about the inventory, go to 30 O.S. s. 4-301.

 

Bond

The court may require the guardian of the estate or property of the ward to purchase a bond. This requirement may be waived by the court if the ward's annual income plus the ward's intangible property (e.g., bank accounts) is valued less than $40,000.

 

For more information about the guardianship bond, see 30 O.S. s. 4-201.

 

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