This fact sheet defines the provisions of most standby guardian laws. Additionally, it broadly defines: how to establish a standby guardian, who can nominate a standby guardian, how the guardian s authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship.
Oklahoma Standby Guardianship Guide
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US-ADOP6
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FAQ
The court may establish a permanent guardianship between a child and a relative or other adult per Sections 1-4-709 and 1-4-710 of Title 10A of the Oklahoma Statutes (10A O.S. §§ 1-4-709 and 1-4-710) when the guardianship is in the child's best interests and when all conditions listed in 10A O.S.
Section 30 O.S. §2-101 provides for the appointment of a guardian for a minor child or children when it appears necessary or convenient. These proceedings are only appropriate when there is no prior order concerning the child at issue. Guardianship proceedings cannot be utilized to disrupt intact families.
An emergency guardianship allows someone to become an adult's guardian without going through the court system. It's designed to provide immediate protection for adults who are unable to manage their affairs or make decisions on their own due to mental health issues, injury, illness, or age.
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.
The existence of a guardianship does not inherently override parental rights; however, when a guardianship is in place, a parent will have to contest the guardianship in order to regain physical custody of their child.
There are four types of Guardians They are: the Guardian Supervisor (ESTJ), Guardian Inspector (ISTJ), Guardian Provider (ESFJ), and Guardian Protector (ISFJ). Supervisors are highly social and community-minded, with many rising to positions of responsibility in their school, church, industry, or civic groups.
In Oklahoma, there are three basic types of guardianship: General - a guardian who has control over the ward and/or all of the ward's property in Oklahoma. Limited - a guardian who only has limited powers over the ward and/or the ward's property. Special - a guardian who is appointed for an emergency purpose.
Under a special guardianship, a guardian is normally appointed for emergencies. Though these are temporary, it puts a ward in the care of a guardian to ensure they are watched over and protected.
