Guardianship - Who May Serve as Guardian
Oklahoma law dictates who can and will be appointed a guardian. 30 O.S. s 3-104. Priority is given in the following order:
- The person nominated by the potential ward (see 30 O.S. s. 3-102)
- The person appointed to serve as guardian in another jurisdiction (this would apply if the ward has moved to a different county or state)
- The person nominated to be successor guardian in the will of a guardian who has died
- The potential ward's adult child
- The potential ward's parent
- The potential ward's sibling
- A person with whom the potential ward has been living for more than six months
An organization may be appointed guardian over the ward's finances and property.
Who Cannot Serve as Guardian?
Certain people are prohibited from serving as guardians. Others may be disqualified in the court's discretion. 30 O.S. s. 4-105. Those who are not allowed to serve as guardians include:
- A minor (under 18 years old)
- A person who is incapacitated or partially incapacitated
- An owner, administrator or employee of a residential facility where the ward lives (unless the ward is a relative)
The court may choose to disqualify people who:
- Have been convicted of a felony
- Are insolvent or have declared bankruptcy in the last 5 years (this only applies to guardianship of property)
- Owe the ward money or are otherwise under a financial obligation to the ward
- Have a conflict of interest that would prevent them from acting in the best interest of the ward
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