In Oklahoma, getting an adult guardianship over an aging parent is common for those of us charged with taking care of our parents. It helps to think of guardianship as a legal safety net. In Oklahoma, you might pursue an adult guardianship over an aging parent when they can no longer make safe or rational decisions about their personal care or finances. The process usually means going through the probate court to be legally appointed as their guardian. Here’s a step-by-step overview:

Determine The Need for Guardianship

You will need to show the court that your parent is unable to manage their personal affairs or finances due to age, illness, or incapacity. Common situations include dementia, Alzheimer’s, or physical disabilities that prevent safe decision-making.

• Guardian of the Person: Makes decisions about health care, living arrangements, and daily needs.
• Guardian of the Estate: Manages finances, property, and bills.

You can request one or both types of guardianship.

File a Petition in The Cherokee County Courthouse

You must file a Petition for Appointment of Guardian in the district court of the county where your parent resides or in the Tribal Court if they are native. The petition needs to include:

• Your parent’s name, age, and address
• A statement of their incapacity and why guardianship is necessary
• The type of guardianship requested (person, estate, or both)
• Your relationship and qualifications to serve as guardian

Provide Notice To Family Members

Oklahoma law requires that your parent (the “proposed ward”) and close relatives (like siblings or other children) be notified of the petition. The court wants to ensure that everyone has a chance to agree or object.

Adult Guardianship Hearing

Often the court will appoint a guardian ad litem or court visitor to investigate the situation. They may interview your parent, review medical records, and talk with family members. A hearing will be set where the judge considers evidence of incapacity and hears from anyone who objects. You may need medical testimony or documentation to prove that your parent cannot manage their affairs. If the judge finds guardianship necessary, they will issue Letters of Guardianship authorizing you to act on behalf of your parent. You may be required to:

• Take an oath
• Post a bond (if handling finances)
• File annual reports and accountings with the court

Cherokee County Adult Guardianship Attorneys

If you have a family member in Cherokee County who is having trouble taking care of their needs, a guardianship may be right for them. It’s not easy to witness the decline of a parent or other loved one, but some things can be done to help. For a free consultation with a family and guardianship attorney at Kania Law – Tahlequah Attorneys, call 539.867.2321. Or you can ask an online legal question by following this link.