Adult guardianships are legal relationships that are established to ensure a person’s needs are met if they are unable to care for themselves due to full or partial incapacity. While these arrangements can be implemented temporarily or on a long-term basis, there are specific reasons a guardianship may end. However, neither the guardian nor the ward can simply decide that the guardianship is no longer necessary and end the arrangement. Court oversight is required to terminate a guardianship and specific legal procedures must be followed.

What is an Adult Guardianship?

A guardianship is a legal arrangement in which a court appoints an individual to care for an incapacitated person. Guardianships are typically implemented when a person (referred to as the “ward”) cannot manage their own personal care. While courts in Oklahoma are required to consider less restrictive alternatives before ordering a guardianship, there are several different guardianship arrangements that are available.

A court may order a general guardianship, which gives the guardian broad authority. Depending on the circumstances, they may also order a limited guardianship, where the guardian’s powers are restricted to specific areas. Another type of adult guardianship is an emergency guardianship, which is a temporary arrangement lasting no more than 10 days.

What are the Grounds to Terminate a Guardianship?

Once established, a guardianship remains in place until it is legally terminated by a court. There are a number of grounds that may be used to terminate a guardianship under Oklahoma law, including the following:

• The guardianship is no longer necessary: If the ward has recovered and is no longer legally incapacitated, the guardianship must end. In these cases, the party seeking the termination must present clear and convincing evidence that the guardianship is not needed.
• The death of the guardian or ward: If the ward passes away, the guardianship would terminate. In the event of the guardian’s death, the guardianship ends immediately and a successor guardian would need to be appointed by the court.
• The guardian has been determined incapacitated: A court would need to appoint a new guardian if the guardian currently appointed has been declared legally incapacitated.
• Removal of the guardian: Oklahoma specifies certain grounds for the removal of a guardian. If any of these circumstances exist and the grounds are proven in court, the guardian must be removed and a successor guardian appointed.
• Resignation of the guardian: If a guardian wishes to resign from the role, they must file the necessary paperwork with the court, provide an accounting of their duties, and appear for a hearing. The court would appoint a successor guardian to take over the role.

Notably, a guardian must still carry out their duties until the court officially ends the guardianship. The proper legal process must be followed to terminate a guardianship. Until a court order is issued, the guardianship remains in place.

What are the Reasons a Guardian May Be Removed?

In some cases, a guardian may fail to adhere to their duties or abuse their authority. There are legal safeguards in place to protect against this type of misconduct. While a guardian is liable for their own negligence and any harm they cause to the ward, the law specifies several reasons a guardian may be removed from their position. Under Oklahoma statute, a guardian may be removed for the following causes:

• Abuse of fiduciary responsibility
• Continued failure to perform their duties
• Incapacity of the guardian
• Gross immortality
• Having an instrument adverse to faithful performance of their duties,
• Invalid guardianship instrument

In addition, if a guardian has been named for the ward’s property, the arrangement would end upon insolvency.

What are the Steps to Terminate a Guardianship?

To terminate a guardianship, there are specific steps that must be followed. To start the process, someone with legal standing, such as the ward, the guardian, or another interested party, must file a petition to terminate the guardianship in court. The burden of proof is on the party requesting the termination. This means they must be prepared to show by clear and convincing evidence the reasons the guardianship should no longer be in place.

The court will schedule a hearing at which all parties can present evidence to support their positions. Based on the facts and circumstances surrounding the request to terminate the guardianship, evidence can include medical records, testimony, professional evaluations, proof of a safe living environment, and the completion of any court requirements. After the hearing, the judge will determine whether continuing the guardianship is appropriate or the petitioning party has met their burden to legally end the arrangement. If the guardianship is terminated, the ward would be restored to their full rights. Once the guardianship has been terminated, the guardian is required to file a final account and request any compensation within 30 days. A hearing will be scheduled for the final account.

Contact an Experienced Oklahoma Guardianship Attorney

Guardianship matters can be emotionally overwhelming and legally complex. If you require assistance establishing a guardianship or terminating one, it’s essential to have knowledgeable counsel by your side. At Titus Hillis Reynolds Love, we are dedicated to offering clients skillful representation for a wide range of estate and incapacity planning matters, including those involving guardianships. Contact us today to schedule a consultation and learn how we can help.