A guardian must be qualified. Only individuals who are not disqualified can be appointed by the Court a a guardian. The following are the factors that would normally disqualify someone from being appointed as a guardian.
▸ MINOR OR INCAPACITATED. Cannot be a minor or incapacitated person.
▸ CRIMINAL RECORD. Proposed guardian nor each adult member of guardian’s household cannot have a criminal conviction, protective order, or pending criminal charge. Court may require OSBI background check. Court shall conduct hearing to determine if it believes the proposed guardian would be unfaithful or neglectful of the responsibilities of a guardian and if the appointment is in the best interest of the ward. 30 OS §4-105
▸ INSOLVENT OF BANKRUPT. Cannot be insolvent or having filed bankruptcy for 5 previous years. Court shall conduct hearing to determine if appointment is in the best interest of the ward. 30 OS §4-105
▸ UNDER FINANCIAL OBLIGATION TO WARD. Cannot be under a financial obligation to the ward. Court shall conduct hearing to determine if the financial obligation will impair the ability of the proposed guardian to act in the ward’s best interest. 30 OS §4-105
▸ CONFLICT OF INTEREST. Cannot be a conflict of interest that would preclude or be substantially detrimental to the ability to act in the best interest of the ward. Court shall determine whether or not a current or potential conflict of interest is substantial and likely to preclude or impair the ability to act int eh ward’s best interest. 30 OS §4-105
▸ RESIDENT OF OKLAHOMA. The guardian must be a resident of Oklahoma for one year before appointment as a guardian. However, this requirement does not apply if the guardian is related to the ward: spouse, child, grandchild, parent, grandparent, sibling, aunt, uncle, niece or nephew. Any of these may be nonresidents. 30 OS §4-104(B)
▸ MUST BE A US CITIZEN, LEGAL RESIDENT OR LEGALLY PRESENT. The guardian must be a US citizen, legal resident or legally present in the United States. 30 OS §4-104(A)
▸ CANNOT BE GUARDIAN FOR MORE THAN 5 WARDS. A guardian can not be guardian for more than 5 wards. 30 OS §4-101
As you can see guardianship is a complicated area of the law. Fortunately Brent D. Coldiron has over 42 years of experience with guardianship law. You can trust Brent. He knows what to do. Contact Brent D. Coldiron at (405) 478-5655 ot 737-2244. His offices are at 1800 East Memorial Road, Suite 106, Oklahoma City, OK 73131 and 2801 Parklawn Drive, Suite 503, Midwest City, OK 73110.