In Oklahoma, guardianships come in two categories: guardianship of a minor child and guardianship of an adult. Guardianship of a child is established when parents are deceased or deemed unfit, while guardianship of an adult is invoked when an individual is incapacitated. This guide outlines the process of terminating temporary guardianships in Oklahoma, addressing both scenarios and the necessary steps involved.
In the state of Oklahoma, all guardianships are inherently temporary. To conclude a guardianship, the following procedures apply:
For Adults Under Guardianship or Parents of Children Under Guardianship
For Guardians Wishing to Relinquish Guardianship
For Adults Under Guardianship or Parents of Children Under Guardianship:
Under Oklahoma law, guardianships can be terminated for various reasons, including but not limited to:
To end a guardianship, you must establish that any of the reasons mentioned above applies. A common basis for termination is when it is no longer appropriate for the ward to remain under guardianship. If the ward is a minor, this typically involves the restoration of the parents' fitness. For incapacitated adults, termination may occur when the individual regains competence.
If you are a parent aiming to terminate guardianship of your minor children, initiate the process by filing a motion with the court and requesting a hearing. During the hearing, both you and the guardian can present evidence either supporting the continuation or the termination of the guardianship. Note that forms specifically for terminating minor guardianship are available online, but these forms are not suitable for terminating adult guardianship.
For adults seeking to terminate a guardianship over their person or property, follow the same procedure: file a motion in court, request a hearing, and present evidence for your position. The judge will assess the evidence and make a determination.
The Oklahoma Supreme Court has ruled that the individual seeking to terminate a temporary guardianship on the grounds of it being "no longer necessary" bears the burden of proving by clear and convincing evidence that the circumstances leading to the guardianship's establishment have been resolved. "Clear and convincing evidence" is a demanding standard and denotes a high level of probability without significant doubt.
Given the complex nature of terminating a guardianship, engaging legal representation is highly recommended. The forms provided on various platforms should not be regarded as a substitute for professional legal counsel. If feasible, securing the services of a lawyer is advisable when seeking guardianship termination.
Oklahoma's legal framework stipulates temporary guardianships, reflecting their purpose of addressing specific needs. Guardianships exist to ensure the well-being of those in need, and their termination is an essential process. Whether you're a parent, guardian, or an individual under guardianship, understanding the intricacies of termination empowers you to navigate the situation effectively. If you require further guidance or have questions about terminating a guardianship, everyone’s case is unique and requires an individual assessment by an attorney. Please call the attorneys at The Schmook Law Firm at (918) 505-4870 if you have any specific questions or concerns regarding your case.
