Guardians and conservators are appointed to protect people who cannot make decisions without assistance. This could be a minor child or an adult who is incapacitated. In Oklahoma, a guardian is authorized to make personal and heath care decisions while a conservator is authorized to make financial decisions.
A guardian’s authority can be broad or rather limited. For example, in addition to making general heath care and personal decisions, a guardian may be granted the authority to determine whether the ward (the person under the guardian’s care) can attend social gatherings, have visitors and more. Similarly, a conservator’s authority can be broad or limited. The level of authority granted to a guardian or conservator falls under the purview of the probate court.
Without proper planning, the court will name a guardian and conservator. This could be someone you would never have wanted to make important decisions for your minor children or for yourself in the event of incapacity. In addition, guardianship and conservatorship proceedings can cost a great deal of money and take a very long time. Family disputes often arise over who should be chosen as guardian or conservator, leading to hard feelings and even litigation.
We can use tools like powers of attorney, living wills and trusts to avoid Court-mandated guardianship and conservatorship proceedings. However, if you are currently faced with such a proceeding, you do not have to go through it alone. We can guide you every step of the way and protect your interests as well as those of your loved one. Contact us to schedule a personal meeting with one of our Oklahoma guardianship and conservatorship attorneys.