This is exactly why we believe families should establish adult guardianship in the appropriate circumstances. These designations do not always require an immediate need but provide oversight and care as needed. People often confuse guardianships with conservatorships, however, so we want to clarify some key differences between the two so you know exactly what you’re getting into when having a guardian appointed for yourself or a family member.

Our firm frequently handles estate planning issues for families in Tulsa and the surrounding areas. We want to make sure families are equipped for surprises that spring up from time to time.

Guardianships Provide More Oversight

In the case of conservatorships, the conservator is granted only financial control in the event of the conservatee becoming incapacitated. Guardianship provides far more control and does not require that the individual who is under guardianship be incapacitated.

Essentially, anyone in need of assistance with medical care, housing, and other vital day-to-day matters is eligible to have a guardian appointed to them. This means providing care on an ongoing basis as opposed to a conservatorship that assigns care only when the need arises.

Powers and Duties

Oklahoma code § 30-3-215 provides the same powers and duties to conservators as they do guardians when it comes to financial matters. This means both guardians and conservators have access to an individual’s “investment, management, sale or mortgage of the person’s property and his or her debt payment.”

However, unlike a guardian, a conservator is under no duty to manage or take care of the conservatee’s health and safety on a day-to-day basis. This responsibility does fall on a guardian as guardians are meant to provide additional care and guidance in daily life.

These differences are crucial as it provides a roadmap for care should your family opt to implement either of these measures.

Types of Guardianships and Conservatorships in Oklahoma

Oklahoma recognizes three types of guardianship – special, limited, and general. A special guardianship provides care for emergency situations. A limited guardianship serves only when a person is partially incapacitated and only has certain powers and responsibilities as assigned by the court. A general guardianship applies over a long, often permanent, period of time.

There is only one type of conservatorship in Oklahoma as these designations are specific and assigned only to manage financial matters for individuals who are fully or partially incapacitated.

Work with a Tulsa, OK Estate Attorney Today

At Pence Law Firm, we understand the unique needs of Oklahoma families and help our clients choose the right tools to take care of their loved ones. If you believe you need guardianship established for yourself or a loved one, contact our law firm today.