The Oklahoma Bar Journal September 2024

distributed by the Administrative Office of the Courts. 11 This hand book “shall be written in clear, simple language and shall include information about the laws and procedures which apply to adult guardianships and conservator ships and the duties and respon sibilities of such guardians and conservators.” The most current version of the handbook (as of July 2023) includes plain language defi nitions, a guide to fiduciary duties and pro se resources, instructions and templates for both emergency and general pleadings for adult and minor guardianship. 12 Guardianship Clinic is a volun teer-run clinic that assists with the preparation of forms and advice for pro se guardians with minor and adult guardianship in Oklahoma County. Litigants can request assistance from attorneys over the phone or by meeting with a volunteer attorney in the clinic office at the Oklahoma County Law Library. Since its inception in 2019, the clinic has helped more than 930 clients through in-person assistance or by phone. LEGAL AID SERVICES Finally, Legal Aid Services of Oklahoma may assist the client through representation and/or legal advice and counsel, depend ing on the local office’s capacity. PRO SE GUARDIANSHIP CLINIC The Oklahoma County CONCLUSION Guardianship will continue to be an emerging and important area of law for everyday Oklahomans. It is often a last resort that results from bigger issues and can compli cate other existing legal issues in very substantial ways. Attorneys

payee, and appointment of an agent by the individual includ ing under power of attorney for health care or finances. 10

can answer the call to assist their community by volunteering at a clinic, taking on a limited scope representation by helping to assist with the preparation of forms or even just sharing the handbook with a friend or colleague.

Examples of alternative solu

tions to guardianship are:

Limited guardianship (limited to either person or estate, allowing the ward to keep their decision-making authority in the other area) Durable power of attorney (either combined health care and estate or separate) Limited power of attorney (for limited or specific circumstances) Irrevocable trust Representative payee (for certain state and federal benefits) Case management through social services agencies to work on life skills, addic tion, mental health or other applicable circumstances The alternative solutions described above can be used for planning for known or unknown incapacity, but the most important distinction is that the alternatives require capacity on the part of the grantor. Therefore, if an alternative solution is no longer an option, guardianship may be explored. When guardianship is appro priate in the circumstances, there are solutions for pro se individuals and attorneys who may be less familiar with this area of law. ADULT GUARDIANSHIP HANDBOOK The Oklahoma Legislature authorized a handbook to be pre pared by the OBA Estate Planning, Probate and Trust Section and

ABOUT THE AUTHOR

Melissa Brooks is a solo practitioner who focuses on guardianship, basic estate planning and Section 18 expungement.

Ms. Brooks earned her J.D. at the OCU School of Law with a certificate in estate planning with taxation.

ENDNOTES 1. Alzheimer’s Association. 2023 Alzheimer’s Disease Facts and Figures. Alzheimer’s & Dementia. 2023; Page 23, ¶2. 2. Alzheimer’s Association. 2023 Alzheimer’s Disease Facts and Figures. Alzheimer’s & Dementia. 2023; Page 24. 3. Alzheimer’s Association. 2023 Alzheimer’s Disease Facts and Figures. Alzheimer’s & Dementia. 2023; Page 23, ¶2. 4. 30 O.S. §1-111(A)(12). 5. 30 O.S. §1-110 and 30 O.S. §3-115(A) & (B). 6. 30 O.S. §1-109(A). 7. 30 O.S. §3-115(F). 8. If any of these are met, the individual must disclose the case number to the court and may be ordered to do a background check. 9. Id. at (A)(5). 10. Page 4 of July 2023, Adult Guardianship Handbook, available at www.okbar.org/a2j/guardian (e mphasis added). 11. See 30 O.S. 1-124 for the statutory authorization. 12. Find the forms at www.okbar.org/a2j/guardian.

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL