Adult Guardianship Attorney Oklahoma City

What Is A Legal Guardian?

A legal guardian is appointed by the courts who will make decisions for the person, as mentioned earlier, who is incapable of making those decisions. A qualified guardian is an individual over eighteen (or a legal adult) who has no disabilities and is willing to take on adult guardianship.

Guardianship doesn't just pertain to someone who may have been born with deficits but a person who is unable to care for themselves. The court decides to appoint guardianship in those unfortunate circumstances. Along with the right lawyer, they will advise you and other family members on what is best for the incapacitated person.

What Will Your Guardianship Rights Involve?

Guardianship cases are handled on a case-by-case basis and aren't something that shouldn't be governed by a handshake agreement or something written up in the heat of the moment. Hiring a guardianship attorney will inform you of your rights, assist you in the legal process and make you the primary person that the court appoints in charge of making the crucial decisions pertaining to the health and well-being of your loved ones.

Things that your adult guardianship will involve include:

• Having a directive in place for your adult children or other incapacitated adults such as parents, aunts & uncles, or other family members

• Establishing who can make choices on behalf of the family member when it comes to health care & medical decisions

• Determining where an adult will live, including assisted living facilities, in-home, nursing homes, or another care facility

• Other minor day-to-day issues

Some things that your adult guardianship doesn't involve or allow are:

• Providing legal advice for your adult

• Making financial decisions on behalf of the adult

• Make changes to their living will

• Inflicting particular health decisions for someone unable to make those choices, such as sterilization or tissue donation

• Taking extreme measures in their financial affairs like consenting to marriage to another individual, creating or revoking a will, estate planning that benefits the legal guardian, or relinquishing a child (children) for adoption.

• Other various decisions which could create a legal issue

What Are The Duties Of Guardianship?

If you petition to become a guardian to the court, there are a few things that you need to be aware of when you decide to take on this responsibility. You are required to act honestly and in accordance with the orders put in place by the court or other public agency.

There are also some general principles that your guardianship will entail, which will include:

• Observing their human rights regardless of their mental or physical capacities

• Making decisions on how they are continuously implemented into society (including interacting with the community and enjoying public events in the community)

• Dealing with/supporting their rights to want to make their own decisions for their life which their input should be taken into account

• Maintaining their confidentiality

• Encourage their self-reliance (if able)

Guardians also must apply the health care principles that are needed when:

Care is required to maintain or promote the health or well-being of the adult

It's in the appointed adult's interest to reflect the views & interests of the person being cared for

What Is The Guardian's Extent Of Their Power?

When the court determines that you are the guardian, your attorney, along with the court, will provide you with an outline of your power and length of the appointment of guardianship as well as the extent of their authority (if they're able to make personal and health decisions). If there is more than one adult assigned as a guardian, then the order will define if the guardians will make decisions together or separately on behalf of the incapacitated adult with the disability. Your lawyer will help create these documents so that you can focus on the well-being of your loved ones.

How Long Are Guardians Appointed?

A court will grant guardianship for your person for about five years and will be reviewed before the end of that period. Your attorney will inform you of the time period, and your guardianship attorneys will be with you every step of the way. Every case is different, and your lawyer will work directly with the court and you, the guardian, to determine if your issue requires a different length of time depending on the circumstances or disability of the person unable to make decisions as determined by the court.

What Will Cause A Guardian To be Removed?

The powers that were set in place by the court can be rescinded if:

• If the guardian becomes compensated for caring for the adult

• The guardian was married to the person at the time of the appointment

• Either the guardian or adult requiring guardianship passes away

• The person has recovered from their disability

• The needs of the person haven't been met properly

• Guardian themselves aren't competent to make sound decisions

• Personal actions have deemed the current guardian appropriate to retain guardianship