Oklahoma Guardianship And Conservatorship Legal Questions

If your neice has the legal capacity to do so, she can name you her agent in a Durable Power of Attorney.  If not, you can apply to the court for guardianship.  However, her husband has priority and must waive his right.  To find a lawyer to help you, you might check the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

The validity of your Will does not change due to your move.  There could be differences in state law that cause the Will to be interpreted differently.  Since it has been 8 years, it is a good idea to visit with an attorney to make sure there are no changes in your life that would require an update.   ... Read More

If your youngest son is a minor, both parents can sign a Temporary Power of Attorney giving custody, authority to enroll in school and seek medical treatment.  This is revocable at will.  Any family law attorney should be able to provide it. Only a court can award guardianship. ... Read More

Under the law, the surviving biological parent generally would be entitled to legal custody of the children.  The exception to this is if your  current husband can show that the bio dad is an unfit parent, then step dad could Petition for a guardianship.  Under the circumstances you described, it is possible the Court would find it the father is unfit, and that it is in the girls best interest to be with the step parent.  It would be beneficial to make sure you have a Will that indicates your wish for your current husband to be guardian of the children, so the Court has some record to know that is who you trust with your children. Another option would be to have your husband adopt the girls.  You can see if the bio father will voluntarily terminate his rights.  You can point out to him that he will no longer be required to pay child support if he terminates his rights pursuant to an adoption.  His rights can be involuntarily terminated if he fails to pay child support for 12 of the last 14 months, or fails to maintian a meaningful relationship with the children for 12 of the last 14 months and the Court finds it is in the best interest of the children.    ... Read More

Dear Oklahoma, I'm sorry things at your grandma's are not optimal but what you failed to mention is how you initially came to live with your grandma and if she is a legally court appointed guardian.  Because you did not reference your mom at all, I am going to proceed at though she is not in the picture.  I practice law in Illinois, so your state's rule may vary a bit from the information I'll be sharing from Article 11 of IL's Probate Code. If you have a living parent who is willing and able to care for you, his (in this case) whereabouts are known, his parental rights have not been terminated (voluntarily or involuntarily) and he has not caused or contributed to your being neglected or abused, then he has a presumption (albeit rebuttable) to custody of you.  So if your grandma doesn't have legal court appointed custody, you can live with your dad if he wants to exercise his rights.  Even if your grandma has legal custody but your dad never relinquished his parental rights, he can still exercise his right of custody. Minors who are 14 years of age or more-so you qualify-may nominate someone to be the guardian of his/her person and estate if a guardian is needed.  FYI:  Guardian of the person deals with your day to day living and guardian of the estate deals with your money. Oklahoma, you're at an age where you have some input.  You can find more information at the Clerk's Office in your local circuit court on how and where to file any sort of nomination.  Before you run off to the court house or to call your dad, I do however encourage you to attempt to have an open and honest dialogue with your grandma about what her reasons are for the refusal of your request and also be honest with yourself about your reasons for wanting to move to your dad's.  Best wishes with everything and I hope the info was helpful.... Read More