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Adult Guardianship - Rights of the Ward

 
A ward or potential ward has rights throughout the guardianship process. These include the right to have notice of all proceedings and the right to challenge the guardianship.The person nominated by the potential ward. 30 O.S. s. 3-102
 
The Ward's Right To Nominate a Guardian  
 

Prior to becoming incompetent, an adult can nominate in writing the person(s) he or she would prefer to serve as guardian, should it become necessary. Unless this person is unqualified or unable to serve as guardian, the court will honor the ward's nomination. 30 O.S. s. 3-102.

 

The Ward's Right To Notice of the Guardianship Petition
 

The proposed ward has the right to be notified that a guardianship petition has been filed and a hearing date has been set. This notice must be personally served on the proposed ward. It is not sufficient to mail the notice to the ward or give it to someone else.
 

Personal service may be done by the sheriff, a process server or by the attorney representing the guardian. Notice must be served at least 10 days before the scheduled hearing.

 

The notice must specify the legal rights of the proposed ward, indicate the date, time and location of the hearing, and include a copy of the guardianship petition. For more information about what must be included in the notice given to the proposed ward, see Title 30, section 3-110 of the Oklahoma statutes.

 

The Ward's Rights During the Guardianship Proceedings
 
Once a guardianship petition has been filed, the proposed ward has the right to participate in and challenge the appointment of a guardian. These rights include the right to:
  • be represented by a court-appointed attorney
  • be present at all hearings 
  • present evidence and compel witnesses to testify
  • cross-examine witnesses
  • request that the proceedings be closed to the public and kept private
  • appeal rulings of the court 
The Ward's Rights After a Guardian Has Been Appointed
 
Even after a guardian has been appointed, the ward retains certain rights. In a limited guardianship, the ward keeps the right to control all aspects of his or her life except those specifically taken away by the court. Even under a general guardianship, the ward retains the right to:
  • be treated with dignity and respect
  • review medical and financial records
  • live in the least restrictive environment possible
  • receive equal treatment
  • be informed of medical procedures
  • have his or her preferences and opinions considered
The Ward's Right To Replace a Guardian
 
If a guardian fails to do what is required, a ward or someone acting on behalf of a ward can ask the court to remove the guardian and replace him or her with another person. Guardians can be removed for the following reasons:
  • failure to file required reports or accountings
  • abuse of the guardian's power
  • continued failure to perform the guardian's duties
  • gross immorality
  • having a conflict of interest that prevents the guardian from faithfully performing his or her duties
  • becoming insolvent (guardian of property only)
  • the guardian is no longer able to carry out the required duties
  • other circumstances that make it no longer proper for the guardian to continue serving
For more information about removing a guardian, see Title 30, section 4-801 of the Oklahoma statutes.

The Ward's Right To Terminate a Guardianship
 
If the ward becomes able to make decisions and take care of him or herself, the ward has the right to ask the court to terminate the guardianship. The ward must present medical evidence showing that he or she no longer needs a guardian.
 
Once the ward files a petition to terminate the guardianship, the court will schedule a hearing. Notice must be given to the same people who were entitled to notice of the original guardianship petition.
 
If the judge finds that the ward is able to care for him or herself and make decisions, the guardianship will be terminated and the ward will be restored to capacity.
 
If the guardian determines that the ward no longer requires a guardianship, the guardian has an affirmative duty to file a petition to terminate the guardianship.