Standby Guardianship - Oklahoma

Date:

Who Can Nominate a Standby Guardian

Citation: Ann. Stat. Tit. 30, §§ 2-102; 2-103; 2-104; 2-101

A guardian of a child may be nominated by will or by other written instrument, to take effect upon the death of the parent so nominating, as follows:

  • If the child is born in wedlock, by either parent or by both parents
  • If the child is born out of wedlock, by the mother of the child or by the natural father of the child, if the natural father has acknowledged paternity or has been judicially determined to be the father of the child at a paternity proceeding, or by both such mother and father

If the minor is younger than age 14, the court may name and appoint his or her guardian. If the minor has reached age 14, the minor may nominate the guardian, who, if approved by the court, must be appointed accordingly. When a guardian has been appointed by the court for a minor younger than age 14, the minor, at any time after reaching age 14, may nominate his or her own guardian, subject to the approval of the court.

Effective November 1, 2018: The court of each county, when it appears necessary or convenient, may appoint guardians for minors. Such appointment may be made on the verified petition of a relative or other person in behalf of such minor.

How to Establish a Standby Guardian

This issue is not addressed in the statutes reviewed.

How Standby Authority is Activated

Citation: Ann. Stat. Tit. 30, § 2-101

Effective November 1, 2018: Before making the appointment, the court may receive an investigation and report regarding the background and home of the prospective guardian. The court shall receive a background check for a prospective guardian and all other household members age 18 and older, consisting of a review of a national fingerprint-based criminal background check, a search of the Department of Corrections' files maintained pursuant to the Sex Offenders Registration Act, and a search of the child abuse and neglect information system maintained for review by authorized entities by the Department of Human Services.

In addition, before making the appointment, the court must issue notice of the hearing on the petition for appointment of a guardian to the minor if the minor has reached age 14 as of the date the petition is filed. The court also shall issue notice to the following persons:

  • The then-living parents of the minor and any other person having custody of the minor, if such parent or person is not one of the petitioners
  • If the minor has no living parent, then to one of the living grandparents who is not one of the petitioners and who is not married to one of the petitioners
  • If there is no living grandparent or if there is no living grandparent whose address is known to the petitioner, then to an adult relative, if any, of the minor residing in the county in which the petition was filed

Involvement of the Noncustodial Parent

This issue is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby

This issue is not addressed in the statutes reviewed.

Withdrawing Guardianship

Citation: Ann. Stat. Tit. 30, §§ 2-113; 2-114; 2-115

The power of a guardian appointed for a minor ceases upon any of the following:

  • The removal of the guardian
  • The solemnized marriage of the ward
  • The ward reaching the age of majority

After a minor ward has come to his or her majority, the ward may settle accounts with his or her guardian and issue a release, which is valid, subject to approval of the court, if obtained fairly and without undue influence. A guardian of a minor appointed by a court is not entitled to his or her discharge until 1 year after the majority of the ward, unless the court determines that the minor has earlier validly released the guardian after a final accounting.