Guardianship of a Child or Adult in Oklahoma

The district court may appoint a guardian of the person, the estate, or both of a minor when it appears necessary or convenient, on the verified petition of a relative or other person on the minor's behalf; relatives and people with a kinship relationship to the child get preference. Before appointing, the court may receive a background and home investigation of the proposed guardian, made under the Adoption Code's home study requirements, weighing the child's best interests against the proposed guardian's ability to pay for it.

Any person interested in the welfare of someone believed to be incapacitated or partially incapacitated may file a verified petition in district court. The court must find by clear and convincing evidence that the person is incapacitated or partially incapacitated, determine the extent of the incapacity, and consider whether less restrictive alternatives to guardianship are feasible. It must dismiss the case if less restrictive alternatives are adequate; otherwise it may appoint a general or limited guardian, with a specific finding that the person's needs require guardianship instead of less restrictive alternatives. The law's stated purpose is to encourage maximum self-reliance and independence.