Family Law is one of the most emotionally difficult and confusing areas of the law in which you may find yourself. The Persaud Law Office has practiced family law for many years, and we can sympathize with your plight. If you need a family attorney, a custody lawyer, a guardianship attorney, or a divorce lawyer in Bartlesville, we can help.
The Persaud Law Office represents both wives and husbands in divorce cases. You may need a divorce lawyer, if:
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You are going through a divorce;
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you have been divorced in the past, and you want to change custody, visitation, or child support;
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your ex-spouse is refusing to follow the terms of your divorce decree; or
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your ex-spouse is accusing you of not following the terms of your divorce decree.
You will likely need a lawyer to assist you in a divorce case. Oklahoma family law is so complicated that few non-lawyers can understand all of their rights and obligations, and the legal procedures involved, in a divorce case. Furthermore, divorce cases are very emotional, so you will likely be too emotionally involved in your case to be able to objectively see what is the best course of action to take in court. For more information on when you need a lawyer, see my blog post: Should you represent yourself?
Divorce
If you believe that you need the legal authority to take care of another person, or their property, because of that person’s disability or circumstance, then you should file a petition for legal guardianship. The Persaud Law Office can help you with this process. More information on legal guardianship in Oklahoma is below.
A legal guardian is a person whom a court has appointed to take charge of the person or property of another person (called the ward.)
Guardian of Person - Health, Education
A guardian of the ward’s person has the authority to make personal decisions regarding the ward (such as decisions involving education and health care.)
Guardian of Property - Assets, Bank Account
A guardian of a ward’s property has the authority to make decisions such as making contracts, selling assets, and accessing the ward’s bank account.
A legal guardian can be the guardian over either the ward’s person, the ward’s property, or both.
There are three types of legal guardianships: General Guardianships, Limited Guardianships, and Special Guardianships.
A General Guardian (called a plenary guardian in some states) has authority over all of the ward’s person or property or both.
A Limited Guardian may exercise some, but not all, power of the ward’s person or property. In each case, the court specifies what powers a limited guardian has.
A Special Guardian is appointed on an emergency basis when the ward is in imminent danger. A Special Guardianship may not last for more than thirty days.
To obtain legal guardianship, you need to file a petition in court and ask a judge to appoint you as a guardian. Because the paperwork, and the procedure for appearing before a judge, is often complicated, you will most likely need a guardianship lawyer to help you through the process of being appointed guardian. The Persaud Law Office can assist you in preparing the forms, and appearing before the judge, and any other legal details involved in a guardianship.
The Persaud Law Office has represented many families who need to obtain legal guardianship over an adult. You may need guardianship over an adult if:
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You have an elderly relative who is incapacitated, and cannot care for himself/herself;
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You have a disabled family member, who needs you to look out for their needs;
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Your child has special needs, and is eighteen or older, or is about to turn eighteen, and is unable to care for himself/herself.
If you have guardianship over an elderly relative, you will be able to:
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Admit your relative to a nursing home or hospital;
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Manage your relative’s property, including bank accounts. This can help you protect a vulnerable adult from scammers.
For more information about legal guardianships of the elderly, click here.
Caring for an adult relative is a loving act for any family, but it also can have its legal complications. If you need a legal guardianship, don’t go into one without a qualified guardianship attorney.
If your child is over eighteen but has a disability that renders him unable to care for himself, you will need to be appointed as the child’s legal guardian, in order to be able to make decisions for him.
If your child is at least seventeen years, six months old, you may ask that the court appoint you as guardian, and the guardianship will take effect as soon as the child turns eighteen. For more information on guardianships of adults with special needs, click here.
As with any legal guardianship, it is advisable that you retain a guardian attorney to assist you in the process of becoming your child’s legal guardian. The Persaud Law Office has helped many parents be appointed as guardians of their special needs adult children.
If a child is under eighteen, and his parents are deceased or unfit, the child will need someone to care for him and to be able to consent to educational and medical decisions on the child’s behalf. A grandparent, relative, or another person who has a relationship with the child may petition for legal guardianship.
If you have a relationship with a child who needs a guardian, and you are willing to act as a guardian, it is important that you consult a guardian attorney as quickly as possible. If you are not the child’s legal guardian, you will be unable to enroll the child in school or consent for the child’s medical care. Also, if a minor child has unfit or deceased parents, and has no one to care for him, the State of Oklahoma may take the child into the custody of the Department of Human Services (DHS).
Who is Kyle Persaud?
Kyle Persaud has practiced family law in Oklahoma since 2009. He strives to ensure that children receive adequate financial support. He also endeavors to see that courts, and DHS Child Support Enforcement, provide fair and just treatment to parents ordered to pay child support.
Bartlesville's Guardianship Attorney
If you believe that you need the legal authority to take care of another person, or their property, because of that person’s disability or circumstance, then you should file a petition for legal guardianship. The Persaud Law Office can help you with this process. More information on legal guardianship in Oklahoma is below.
What is a Legal Guardian and What Do They Do?
A legal guardian is a person whom a court has appointed to take charge of the person or property of another person (called the ward.)
Guardian of Person - Health, Education
A guardian of the ward’s person has the authority to make personal decisions regarding the ward (such as decisions involving education and health care.)
Guardian of Property - Assets, Bank Account
A guardian of a ward’s property has the authority to make decisions such as making contracts, selling assets, and accessing the ward’s bank account.
A legal guardian can be the guardian over either the ward’s person, the ward’s property, or both.
For a full explanation of the rights and duties of a guardian, click here.
Types of Legal Guardianships in Oklahoma
There are three types of legal guardianships: General Guardianships, Limited Guardianships, and Special Guardianships.
A General Guardian (called a plenary guardian in some states) has authority over all of the ward’s person or property or both.
A Limited Guardian may exercise some, but not all, power of the ward’s person or property. In each case, the court specifies what powers a limited guardian has.
A Special Guardian is appointed on an emergency basis when the ward is in imminent danger. A Special Guardianship may not last for more than thirty days.
To obtain legal guardianship, you need to file a petition in court and ask a judge to appoint you as a guardian. On this website, here, I have made available the forms you can fill out and take to court, if you are interested in becoming a legal guardian, and cannot afford an attorney. However, because the paperwork, and the procedure for appearing before a judge, is often complicated, you will most likely need a guardianship lawyer to help you through the process of being appointed guardian. If you can at all afford an attorney, it's best to use one, rather than fill out these forms yourself. The Persaud Law Office can assist you in preparing the forms, and appearing before the judge, and any other legal details involved in a guardianship.
Adult Guardianship
The Persaud Law Office has represented many families who need to obtain legal guardianship over an adult. You may need guardianship over an adult if:
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You have an elderly relative who is incapacitated, and cannot care for himself/herself;
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You have a disabled family member, who needs you to look out for their needs;
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Your child has special needs, and is eighteen or older, or is about to turn eighteen, and is unable to care for himself/herself.
Elderly Guardianship
If you have guardianship over an elderly relative, you will be able to:
-
Admit your relative to a nursing home or hospital;
-
Manage your relative’s property, including bank accounts. This can help you protect a vulnerable adult from scammers.
For more information about legal guardianships of the elderly, click here.
Caring for an adult relative is a loving act for any family, but it also can have its legal complications. If you need a legal guardianship, don’t go into one without a qualified guardianship attorney.
Disabled Adult Child Guardianship
If your child is over eighteen but has a disability that renders him unable to care for himself, you will need to be appointed as the child’s legal guardian, in order to be able to make decisions for him.
If your child is at least seventeen years, six months old, you may ask that the court appoint you as guardian, and the guardianship will take effect as soon as the child turns eighteen. For more information on guardianships of adults with special needs, click here.
As with any legal guardianship, it is advisable that you retain a guardian attorney to assist you in the process of becoming your child’s legal guardian. The Persaud Law Office has helped many parents be appointed as guardians of their special needs adult children.
Child With Deceased/Unfit Parents
If a child is under eighteen, and his parents are deceased or unfit, the child will need someone to care for him and to be able to consent to educational and medical decisions on the child’s behalf. A grandparent, relative, or another person who has a relationship with the child may petition for legal guardianship.
You may nominate a person to serve as guardian for your child in the event the you become deceased or unfit. To see how to nominate a guardian for your minor child, click here.
If you have a relationship with a child who needs a guardian, and you are willing to act as a guardian, it is important that you consult a guardian attorney as quickly as possible. If you are not the child’s legal guardian, you will be unable to enroll the child in school or consent for the child’s medical care. Also, if a minor child has unfit or deceased parents, and has no one to care for him, the State of Oklahoma may take the child into the custody of the Department of Human Services (DHS).
To see how you can become the legal guardian of a minor child, click here.
Conservatorship: An Alternative for the Physically Disabled, But Not Mentally Disabled
A conservator is a person appointed to care for someone who is physically disabled, but not mentally disabled. A conservator has the same powers as the guardian of the ward’s property but does not have powers over the ward’s person. A conservatorship is a useful tool to care for someone who is mentally competent, but whose physical disability makes it difficult to manage his property.
Who is Kyle Persaud?
Kyle Persaud has practiced guardianship law in Oklahoma since 2010. He strives to ensure that children without fit parents, as well as adults with special needs, have the best care available.