Legal Question in Family Law in Oklahoma

Obtaining guardianship of incompetent parent

My father is a disabled Veteren living in tulsa,OK. He is 65 years old and cannot make competent desicions for himself. He has been to rehab for drug & alcohol abuse, but is using again. He has no one but myself to take care of him but I live in Arizona w/my husband. I would like to take my father from OK and bring him here(AZ) to actually be able to live and one day see his grandchildren. I am afraid that if I do not do something to help my father he will VERY soon die. He has no land or residence of his own in Oklahoma, he does however receive monthly VA benefits, Disabilty & Social Security leaving him with monies he only uses to destroy himself.

This is very painful for me, I do not have the slightest idea what to do. If you could in any way lead me into the right path I will be forever in your debt.

Thankyou & God Bless You!

--name removed--H.


Asked on 8/07/03, 6:18 pm

2 Answers from Attorneys

Hunt John Urgentlegalcare.com

Re: Obtaining guardianship of incompetent parent

You can seek guardianship over his estate (money) or his person or both in Oklahoma. In either event there are procedural hoops to jump through including putting together a plan as to how you will take care of his money and person (ie. nursing home, doctor appts., haircuts, etc.). These are not that difficult to do. However, those who are paying him his disability directly evidently did not determine that he needed someone to take care of his money at the time it was awarded to him. That can be changed also and it sounds as if it should. You may wish to contact the VA and Social Security about your concerns and they should investigate to see if he is still capable of taking care of his money. If they agree with you they can require the money be paid to someone who can dole it out to him as needed. What you might do is seek a temporary guradianship, place him in rehab, take him out to Arizona when he is released and his mind is clearer, and try to get him to make the change he obviously needs to make. Perhaps the caring you demonstrate in your letter will sink in to him and he will want to live to see his kids and grandkids.

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Answered on 8/07/03, 7:52 pm
Herb Southern The Southern Law Firm

Re: Obtaining guardianship of incompetent parent

My suggestion would be to go to Court and establish a guardianship. However, if the Court finds that he is not incompetent, then you will lose and Dad will be left to his own devices. Why don't you just invite Dad to move in with you and go from there. You will have much better luck if he agrees b/c he will not feel like you are trying to incarcerate him.

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Answered on 8/07/03, 6:53 pm


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