Oklahoma Nomination or Selection of Guardian by Minor

State:
Multi-State
Control #:
US-03327BG
Format:
Word; 
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Instant download

Description

In most jurisdictions, a minor, on reaching a certain age, which was 14 years at common law, may choose his or her own guardian, conditioned on the guardian's posting of a bond and subject to confirmation by the court. The authorities are not in agreement as to whether a minor's right to select a guardian may be exercised for the purpose of superseding a guardian previously appointed. Where a minor is not of sufficient age to have an unqualified right to select a guardian, it is usual for the court to ascertain the preference of the minor if the minor is of an age to exercise an intelligent choice.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A guardian of a minor is a person that has the powers and responsibilities of a parent concerning the child's support, care, education, health, and welfare. A minor is a child under 18 years old. Guardians must at all times act in the child's best interests.

Guardianship Process in Oklahoma It begins with filing a petition in court, followed by a thorough investigation and hearing. The court then appoints the guardian, who accepts the role by taking an oath. Filing a Petition: The first step in establishing guardianship in Oklahoma is to file a petition.

(4) A permanent guardian is vested with the rights and responsibilities set forth in 30 O.S. §§ 1-101 et seq. relating to the powers and duties of a guardian of a minor, except for rights and responsibilities the child's parent retains, as set forth in the permanent guardianship decree.

To become a guardian, you must: file paperwork with the court clerk; ask a judge to appoint you the guardian of a minor child; and, go to a hearing and show the judge why you should be appointed as the child's guardian.

Powers and Duties of Guardian Take Possession of Estate Assets. ... Exercise Good Judgment, Good Faith, and Diligence. ... Avoid Co-Mingling of Assets. ... Work With the Courts. ... Insurance and Cash Deposits. ... Non-Cash Assets. ... Parents as Guardian of Minor Child's Estate. ... Scope of Authority.

Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.

Under Oklahoma law, parents are presumed to be the most appropriate party to raise minor children; however, if the parent is unfit to have custody of the child, the court may deny a request for parental rights, if it is in the best interest of the child to remain in the custody of the guardian.

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Oklahoma Nomination or Selection of Guardian by Minor