Q. I need a conservatorship for my mentally sick, adult daughter.
Thank you for your question and I am so sorry to hear about what you are experiencing.
Unfortunately, we are not allowed to "represent" customers, we are not even allowed to provide "advice" under site rules; however, we can provide information and hopefully the following information will be of help to you.
Under Oklahoma law, as elsewhere, adults 18 years and older are presumed competent. But when their actions suggest incapacity (including an inability to make rational decisions or when the decisions they do make place them at risk of causing harm to themselves or others), then they can be judicially determined to be incompetent by a court of law.
Once determined incompetent, a guardian is appointed by the court to take care of the individual's person and/or property. The appointment can be "general" or "limited," however in some cases it can be "special." A special guardian is one appointed for emergency purposes, such as when there is an imminent health or safety danger.
While it is not required to have an attorney to file a petition for guardianship
, it helps. This is especially true if the matter may be contested. At the hearing, several factors are considered, including the individual's condition, and any necessary care or proposed treatment they may need. The individual who is subject to the petition has the right to hire an attorney or the court may appoint an attorney for them, so having one yourself helps.
If you are not able to afford an attorney, you can apply with your local legal aid office for representation at no cost. To find the office nearest you, visit www.LSC.gov
If you decide to pursue the matter on your own, you can find the various steps in the process detailed at the website below, including links to the law for your review.