In this article, you can discover…
- What legal guardianship entails in Oklahoma.
- The legal steps to designate someone as a guardian.
- When is the best time for a parent to consider guardianship of their children.
What Is A Guardianship Designation And When Does It Come Into Play?
A guardianship designation means that someone has been legally designated to care for a child or for an adult who can not take care of themselves or live independently. This designation helps you to pre-plan for the care of your children should you pass away unexpectedly before your children turn 18. Appointing a guardian can also help arrange care for an adult family member who may need extra care after you’ve passed away.
What Factors Should I Consider When Selecting A Guardian?
It’s important to appoint someone whose skills, training, personality, income, and living situation are a good fit for your children and their needs. You should also choose someone whose moral or religious values are attuned to yours and whose habits and responsibility levels make them a good fit to care for children.
Can I Designate Multiple Guardians, Each Responsible For Different Aspects Of A Minor’s Care?
Yes, this is possible. You may choose to have one adult responsible for the day-to-day care of your child and another adult who takes responsibility for the financial care of your child. This is an especially flexible option that allows you to consider guardians who may be excellent with children but unsuited to handle money, or vice versa.
Attorney Dan Loeliger is a dedicated estate attorney helping Oklahomans just like you understand guardianship and plan ahead successfully. Bringing with him over 20 years of experience, he’s prepared to help you with every aspect of estate planning, from crafting trusts to ensuring special needs loved ones are cared for.
Have questions about guardianship and estate planning? Reach out to The Legal Advantage Group today at (405) 449-5777 for an initial consultation.
Does A Guardianship Designation Need To Be Formal, Or Can It Be A Simple Written Document?
This depends on who the guardianship is for. If meant for children, this document can be a simple text that is typed out by you, reviewed by a lawyer, and approved by the court. If you’re seeking to appoint a guardian for a legal adult, this process will be more involved and legally nuanced. An estate lawyer can help you draft, file, and understand those documents should your loved one need them.
Can Adults With Special Needs Be Appointed A Guardian?
Yes, and adults with special needs can often benefit from a trust being set up that takes into account their abilities, care requirements, and personal situations to provide for them. The trust may be simple or complex, depending on the needs of the adult. If you’re seeking guardianship over or for a special needs adult who is 18 years old or older, this would require additional documentation, which an estate attorney can help you navigate and file.
How Soon Should I Make Guardianship Decisions?
The sooner you sit down and map out guardianship decisions with an attorney, the better. Life can take unexpected turns, and none of us can know with certainty how much time we have left. The sooner you have guardianship documents in place to help provide for your children should the unexpected happen, the better.
What might happen if you don’t plan ahead? Without guardianship documents in place, conflicts can arise among family members as to who should care for your children and how that should be done. Assumptions can be made about your wishes, which bear no resemblance to what you would have wanted.
But if your wishes are spelled out clearly in a legal document, this eliminates the guesswork and lets your surviving family know exactly who you would like to care for your children and how. It also saves your children the stress of that conflict at an already difficult time and helps ensure that they’re cared for, provided for, and placed with people you trust.
For more information on Guardianship Designations In Oklahoma, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 449-5777 today.
Attorney Dan Loeliger is a dedicated estate attorney helping Oklahomans just like you understand guardianship and plan ahead successfully. Bringing with him over 20 years of experience, he’s prepared to help you with every aspect of estate planning, from crafting trusts to ensuring special needs loved ones are cared for.
Have questions about guardianship and estate planning? Reach out to The Legal Advantage Group today at (405) 449-5777 for an initial consultation.
