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Clerk Court

Location:
Texas
Posted:
October 14, 2022

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A Handbook For Guardians Of Minor Children prepared by the Oklahoma Bar Association Estate Planning,

Probate & Trusts Section Guardianship Handbook Subcommittee October 2021 Checklist

Page 1

STEP-BY-STEP CHECKLIST

FOR OBTAINING GUARDIANSHIP OF A MINOR

You have decided whether your Guardianship is “Special” (emergency and expires in 30 days) and/or “General”. Either way, you will need to schedule a hearing with a Judge and let the others involved in the Ward’s life know that you are applying for a Guardianship. The key to being successful with this process is organization, as it involves a lot of paperwork. Keeping your paperwork organized will help the process seem less overwhelming. Take the process one step at a time. Take your time and complete each task before moving on to the next one.

It is recommended that you use file folders to organize all the paperwork, and that you label the three folders as follows:

Folder #1: Take to courthouse to file

Folder #2: Take to have notarized/make copies

Folder #3: Important Documents to Keep

These are instructions for a regular guardianship and do NOT fully cover the steps for obtaining guardianship of a minor in the following situation: o If the child is 14 years old or older;

o If this is an emergency where a child needs to be protected from physical or financial harm;

o If you are unable to pay court fees;

o If the child is enrolled or eligible for enrollment in a Native American Indian tribe;

o If OKLAHOMA DHS is involved;

o If the guardianship is or will be contested.

If your case involves any of the above factors, special instructions may apply which are not a part of this guide. Please seek advice from a qualified attorney. BACKGROUND CHECKS WILL BE REQUIRED FOR THE PERSON(S) SEEKING GUARDIANSHIP AND ANY PERSON OVER THE AGE OF 18 WHO IS OR WILL BE LIVING IN THE SAME HOME AS THE MINOR CHILD. It is strongly encouraged that you begin the background check process immediately upon filing your Petition for Guardianship as the process can take a long time and you will have to keep returning to court until the background check results are complete and provided to the Court. Instructions for obtaining the required background checks are included later in this guide. A Handbook For Guardians Of Minor Children prepared by the Oklahoma Bar Association Estate Planning, Probate & Trusts Section Guardianship Handbook Subcommittee October 2021 Checklist

Page 2

STEP 1- Find the form PETITION FOR LETTERS OF GUARDIANSHIP (MINOR)

-You are the petitioner and the child is the ward

-Don’t sign it yet. You will sign in front of a notary and have your signature notarized.

-Put the completed form in the folder #2 named “Take to have notarized/make copies”. STEP 2- Find the form OKLAHOMA SEX OFFENDERS REGISTRATION ACT- AFFIDAVIT (EXHIBIT A)

-Put the child’s name on the top where it says: In the matter of the Guardianship of

-Don’t sign it yet. You will sign in front of a notary and have your signature notarized.

-Put the form in folder #2 named “Take to have notarized/make copies” STEP 3- Find the form UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT AFFIDAVIT (EXHIBIT B)

-Enter your name as Petitioner

-Fill in the rest of the blanks

-Don’t sign it yet. You will sign in front of a notary and have your signature notarized.

-Put the form in folder #2 named “Take to have notarized/make copies. STEP 4-Find the form PLAN FOR THE CARE AND TREATMENT OF THE WARD(S)

-Fill in the form.

-It is okay to sign it now.

-Put form in folder #2

STEP 5- Find the form PLAN FOR THE MANAGEMENT OF THE PROPERTY OF THE WARD(S)

-Fill in the form

-If the child does not have any property, just say so.

-Put the form in folder #2

STEP 6-Take the documents in folder #2 to a notary (a notary can be found at your local post office, tag agency, or bank, and your local courthouse law library may also have a notary)

-Sign in front of the notary and have Notary sign and notarize: 1) PETITION FOR LETTERS OF GUARDIANSHIP

2) OKLAHOMA SEX OFFENDER REGISTRATION

ACT AFFIDAVIT (EXHIBIT A)

3) UNIFORM CHILD CUSTODY JURISDICTION AND

ENFORCEMENT ACT AFFIDAVIT (EXHIBIT B)

-Put all notarized documents back into folder #2.

-Take note that these documents are the originals. POINTER: Unless the Notary signs in blue ink or uses a blue, red, or green notarial stamp, you may want to make a PENCIL mark at the bottom of these documents to indicate that they are originals. A Handbook For Guardians Of Minor Children prepared by the Oklahoma Bar Association Estate Planning, Probate & Trusts Section Guardianship Handbook Subcommittee October 2021 Checklist

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STEP 7- Take the original documents in folder #2 to where you can make copies.

-Determine how many copies you will need:

-For the PETITION with the OKLAHOMA SEX OFFENDER AFFIDAVIT (Exhibit A) and UNIFORM CHILD CUSTODY JURISDICTION ACT AFFIDAVIT (Exhibit B) attached, you will need:

One copy for you 1

One copy for the background search 1

Two copies for the Judge’s staff 2

One copy for natural mother 1

One copy for natural father 1

One copy for each grandparent 1

One copy for each adult sister of child (enter # needed) One copy for each adult brother of child (enter # needed) One copy for any person having custody

of or with whom the child resides (enter # needed) One copy for all persons known to you

who claims any rights to custody or

visitation with child (enter # needed)

Total number of copies of PETITION with

Exhibit A and Exhibit B (enter total # needed) Total number of copies of PLAN FOR CARE AND

TREATMENT OF THE WARD 3

Total number of copies of MANAGEMENT OF

PROPERTY OF THE WARD 3

-Put all originals and copies in folder #1 named Take to Courthouse to file. STEP 8-Prepare for your first trip to the county courthouse

-You will need to file the Guardianship Petition in one of the following counties: o The County in which the child resides;

o The County in which you live if you are a member of the child’s family;

-There is a filing fee to file the Guardianship Petition. You will need to bring cash or a personal check with you when you file the Petition. There are some circumstances when the filing fee may be waived, see below:

*The court filing fee MAY be waived if you have no money (file a PAUPER’S AFFIDAVIT), if the child is receiving TANIF, SoonerCare, or social security benefits, or if you are a relative of the child and the child’s natural parents have abandoned the child.

A Handbook For Guardians Of Minor Children prepared by the Oklahoma Bar Association Estate Planning, Probate & Trusts Section Guardianship Handbook Subcommittee October 2021 Checklist

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-Take all the documents in folder #1 with you to the appropriate county courthouse.

-Put the following documents into folder #2: ORDER FOR HEARING PETITION FOR GUARDIANSHIP OF MINOR CHILD(REN), NOTICE OF HEARING PETITION FOR GUARDIANSHIP OF MINOR CHILD(REN), AFFIDAVIT OF SERVICE. Take these with you to the courthouse.

A. Find the Cashier window in the Court Clerk’s office. (Depending on the County in which you are filing your case and the size of the courthouse, there may not be a separate cashier’s office, and the court clerk may be able to handle your case filing and payment.)

1. Hand the cashier the original PETITION and ask to file a new guardianship case for a minor child.

2. You will be assigned a Judge and given a case number. 3. You will pay the required court filing fee, unless waived for any of the reasons addressed above.

4. Put the case number on each copy of the PETITION. B. Find a court clerk in the clerk’s office who is free to help you. 1. Hand the clerk the original PETITION with Exhibit A and Exhibit B attached, PLUS:

2. Hand the copies of the PETITION to the court clerk. 3. The court clerk will file stamp the original and all copies. The clerk will keep the original and return the copies to you.

STEP 9- Schedule the Court Hearing on the Guardianship

-Find the name of the Judge who is assigned to your case. Look up their name on the courthouse directory to find the Judge’s office.

-Go to the Judge’s office. The Judge’s assistant will help you. Tell the assistant that you need to schedule a minor guardianship hearing and hand the assistant a copy of the file- stamped PETITION.

-Schedule the hearing at least 2 weeks from the day you contact the Judge’s assistant. You will need to allow time to mail notices to the appropriate persons at least ten (10) days prior to the hearing date.

-Write down the date and time of the hearing on the Order for Hearing and Notice of Hearing

STEP 10- Find the form ORDER FOR HEARING PETITION FOR GUARDIANSHIP OF MINOR in folder #1.

-Fill out the information

-Make one copy of the original.

-Hand the original and the copy to the Court Clerk

-The Clerk will stamp the Judge’s name and file stamp both the original and copy. You will get the copy back and the clerk will keep the original.

-Put the copy in folder #2.

A Handbook For Guardians Of Minor Children prepared by the Oklahoma Bar Association Estate Planning, Probate & Trusts Section Guardianship Handbook Subcommittee October 2021 Checklist

Page 5

STEP 11- Find the form NOTICE OF HEARING PETITION FOR GUARDIANSHIP OF MINOR CHILD

-Fill in the date and time of the hearing you scheduled.

-Make at least one copy of the original.

-Hand the original and the copy to the Court Clerk

-The Clerk will stamp the Judge’s name and file stamp both the original and copy. You will get the copy back and the clerk will keep the original.

-Put the copy in folder #2.

STEP 12-Prepare for mailing copies of the PETITION, copies of the ORDER and NOTICE OF HEARING (contents of folder #2) to make copies and get notarized.

-You are required by law to notify all persons who claim any right to child by mailing them copies of the PETITION, ORDER, and NOTICE OF HEARING.

-Keep a list of the name and addresses of everyone entitled to notice about the guardianship- every person you listed as needing copies of the PETITION (on page 3).

-Make enough copies of the ORDER and NOTICE so that each person on your list gets one.

-You will need business size envelopes. Put the name and address of on each envelope and add stamp.

-Put the addressed, stamped envelopes with the copies of the PETITION, ORDER, and NOTICE of the hearing in the mail.

-Find the form AFFIDAVIT OF SERVICE

-Fill in the names of everyone you sent documents to.

-Sign in front of notary and have your signature notarized.

-Make a copy and put original and copy in folder #1. STEP 13: Prepare to go to courthouse to file documents prior to hearing.

-Folder #1 should contain the notarized AFFIDAVIT plus at least one copy, the PLAN FOR THE CARE AND TREATMENT OF THE WARD plus at least one copy, and the MANAGEMENT OF THE PROPERTY OF THE WARD plus at least one copy.

-Take to the Court Clerk’s office.

-Find a clerk who is free to help you.

-Hand the clerk both the original and the copy of each document.

-The clerk will file stamp both documents, keep the original and hand you back the file- stamped copy.

-Put all file-stamped copies in folder #3.

STEP 14- BACKGROUND CHECKS

The State wants to be sure that your home is safe for a child. To do this, you must follow the steps below to have the necessary background checks done for yourself and each person over the age of 18 who lives in the home with the child for whom you seek guardianship. The State will want checks from different agencies. You must provide the completed background check results to the Court. Please refer to the last three (3) pages of this checklist for a “GUIDE TO OBTAINING A Handbook For Guardians Of Minor Children prepared by the Oklahoma Bar Association Estate Planning, Probate & Trusts Section Guardianship Handbook Subcommittee October 2021 Checklist

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REQUIRED BACKGROUND CHECKS FOR GUARDIANSHIP OF A MINOR”, and follow the steps there.

STEP 15-Prepare to attend the hearing

-Put the following documents in folder #1:

ORDER APPOINTING GUARDIAN OF MINOR CHILD(REN)

LETTERS OF GUARDIANSHIP

ORDER APPROVING PLAN

-Attend the hearing. Give the documents in folder #1 to the Judge to review and sign. STEP 16-Make 5 copies of each document the Judge signed.

-Hand the originals and copies to the clerk. Ask the court clerk to file the Orders and Letters signed by the Judge and get certified copies. GUIDE TO OBTAINING REQUIRED BACKGROUND CHECKS

FOR GUARDIANSHIP OF A MINOR

Pursuant to 30 O.S. § 2-101, you must complete the following background checks prior to obtaining guardianship of a minor child. NOTE: The Court may grant emergency guardianship pending completion of these requirements, but in order to obtain ongoing guardianship, you must fulfill these requirements as to the prospective guardian(s) and all other household members eighteen (18) years of age and older. In the case of an emergency placement, the court may waive the requirement for a CANIS search if it cannot be obtained in a reasonable time and the court determines that it is in the minor’s best interest that the CANIS search be waived. (30 O.S. Supp. 2020, § 2-101(C)(4).) If the CANIS requirement is waived on an emergency basis, the court may still require a CANIS search to be completed before granting general guardianship. You must complete one of the options in Step 1, AND Steps 2 and 3 completely. STEP 1: A review of a national fingerprint-based criminal background check; or an Oklahoma State Bureau of Investigation (“OSBI”) name-based criminal history background check and Sex Offender Registry Check. HOW TO COMPLETE STEP 1:

STEP 1, OPTION 1:

Complete the OKLAHOMA STATE BUREAU OF INVESTIGATION - Criminal History Record Information Request form included here for ALL guardians, co-guardians, and any person living in your home who is eighteen (18) years of age or older. You should A Handbook For Guardians Of Minor Children prepared by the Oklahoma Bar Association Estate Planning, Probate & Trusts Section Guardianship Handbook Subcommittee October 2021 Checklist

Page 7

select“Name Based” and “Sex Offender” in the “Type of Search Requested” box. Where it asks the purpose of your request, choose “Personal Review”. You must complete a separate form for each person. You must pay a separate fee for each request. Each search with these selections should cost $17.00. The simplest, quickest way to fulfill this requirement is to submit an online request for name-based and sex offender registry check through the OSBI. You can visit https://chirp.osbi.ok.gov/ for information on how to complete and submit this request. Another option is to mail or deliver in-person the completed form, with payment, to OSBI

– Criminal History Record Information Request, 6600 North Harvey Place, Oklahoma City, OK 73116. If you submit the form by mail, you must include a return envelope, with your address and postage prepaid on the envelope so the results will be mailed back to you. You can also fax the form to 405-***-****. If you submit the form by fax, you must be able to receive your results by return fax and you MUST include credit card payment information on the form.

If you choose Option 1 for Step 1 and select “Name Based” and “Sex Offender” in the

“Type of Search Requested” box, this will fulfill the requirements of Step 1 and Step 2.

(Step 2 is outlined on the next page.) You do not need the OSBI name-based and sex offender search and the FBI search; you may choose one or the other. Form for Step 1, Option 1: OKLAHOMA STATE BUREAU OF INVESTIGATION Criminal History Record Information Request (Attached) STEP 1, OPTION 2:

You can visit https://www.fbi.gov/services/cjis/identity-history-summary-checks for information on how to complete an Identity History Summary Checks online, through the Federal Bureau of Investigation (FBI). This is a “national fingerprint-based criminal background check,” as described in the laws related to guardianships of minor children. If you choose Option 2, you will also need to complete Step 2, outlined on the next page. STEP 2: A search of the Department of Corrections' files maintained pursuant to the Sex Offenders Registration Act.

HOW TO COMPLETE STEP 2:

Complete this requirement by checking “Sex Offender” in the “Type of Search Requested” box on the OKLAHOMA STATE BUREAU OF INVESTIGATION - Criminal History Record Information Request completed in Step 1, Option 1. This will add $2 to the fee for submitting this form (for a total of $17.00 as noted above). A Handbook For Guardians Of Minor Children prepared by the Oklahoma Bar Association Estate Planning, Probate & Trusts Section Guardianship Handbook Subcommittee October 2021 Checklist

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If you completed an Identity History Summary Checks through the Federal Bureau of Investigation (FBI) website (Step 1, Option 2) then you can fulfill Step 3 by completing the form OKLAHOMA STATE BUREAU OF INVESTIGATION - Criminal History Record Information Request form included here. You will only need to select “Sex Offender” in the “Type of Search Requested” box. Where it asks the purpose of your request, choose “Personal Review”.

The results will be mailed directly to you. Upon receipt, you will need to submit the full and complete results to the Court by filing the original with the Court Clerk in the county where you filed your guardianship request.

A Handbook For Guardians Of Minor Children prepared by the Oklahoma Bar Association Estate Planning, Probate & Trusts Section Guardianship Handbook Subcommittee October 2021 Checklist

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STEP 3: Search of the child abuse and neglect information system maintained for review by authorized entities by the Department of Human Services (also known as a “DSH CANIS search”).

HOW TO COMPLETE STEP 3:

Complete the Request for Child Abuse and Neglect Information System (CANIS) for Guardianship form included here. Turn-in the completed form AND a copy of your file- stamped, certified Petition (the documents you filed to request the Court grant your guardianship). If you have a hearing upcoming, it is a good idea to note that in your completed request. You can list all adults in your household on one form. The results of your request will go directly to the Judge you list as hearing your case. This request can take a few weeks to a few months to complete.

You can submit the form for Step 3 in one of three ways: 1. By emailing the completed form AND your file-stamped Petition to *****************@*****.***;

2. By faxing the completed form AND your file-stamped Petition to fax # 405-***-****;

3. By mailing the completed form AND your file-stamped Petition to: Oklahoma Department of Human Services

Child Welfare Services

Child Abuse and Neglect Information System

PO Box 25352

Oklahoma City, OK 73125

DHS may charge a fee, but not more than Thirty-five Dollars ($35.00) for each search. If you have questions about your request, contact DHS CANIS Guardianship at 405-521- 3777

You can find the mailing address for you Judge by selecting your county at https://www.oscn.net/courts/. Or, you can call the Court Clerk for the county where you filed your guardianship to ask.

Form for Step 3: Request for Child Abuse and Neglect Information System for Guardianship (Attached).

FORMS

The forms appear in ALPHABETICAL ORDER on the following pages.

• BACKGROUND CHECK FORMS

• DECREE AND ORDER APPOINTING GUARDIAN

• GUARDIAN AD LITEM DATA SHEET

• INFORMATION SHEET

• LETTERS OF GUARDIANSHIP

• NOMINATION OF GUARDIAN BY A MINOR FOURTEEN

YEARS OF AGE OR ABOVE

• NOTICE FOR HEARING PETITION FOR APPOINTMENT OF

GUARDIAN

• ORDER FOR HEARING PETITION FOR APPOINTMENT OF

GUARDIAN

• PAUPER’S AFFIDAVIT

• PETITION FOR LETTERS OF GUARDIANSHIP (MINOR)

• PETITION EXHIBIT “A”

• PETITION EXHIBIT “B”

• PETITION FOR CUSTODY BY ABANDONMENT

• PLAN FOR THE CARE AND TREATMENT OF THE WARD(S)

• PLAN FOR THE MANAGEMENT OF THE PROPERTY OF

THE WARD(S)

• WAIVER OF NOTICE AND/OR CONSENT TO THE

APPOINTMENT OF GUARDIAN

This form is from A Handbook For Guardians Of Minor Children prepared by the Oklahoma Bar Association Estate Planning, Probate & Trusts Section Guardianship Handbook Subcommittee October 2021 IN THE DISTRICT COURT OF COUNTY

STATE OF OKLAHOMA

In the matter of the Guardianship of )

)

) Case No.: )

)

A Minor Child(ren)

DECREE AND ORDER APPOINTING GUARDIAN

Now on this day of, 20, this cause coming on to be heard upon the Petition of to be appointed as guardian(s) of the person and/or estate of said minor child(ren). Petition(s) appearing in person without legal counsel and the minor appearing in person appearing not. The Court having reviewed the file herein, together with any testimony and evidence presented and finds that all notices required by law have been given; that the Court has jurisdiction over the parties and subject matter hereof, and that Oklahoma County is the proper venue for this action and otherwise being fully advised in the premises, finds that the Petition, is sustained and that a guardianship is: necessary and the parental unfitness/impediment alleged is found to exist

convenient and with parental consent and there is no finding of parental unfitness/impediment And that it is in the best interest of said minor(s) that a guardian be appointed. It is therefore ORDERED ADJUDGED AND DECREED by the Court that

be and hereby is appointed guardian of the person and/or guardian of the estate of, a minor. This appointment shall be effective from and after said guardian executes the oath required by law. The Court finds that the requirement of bond is ORDERED WAIVED. (Court indicate)

(If applicable) The Court finds that bond in the amount of shall be posted and signed by a surety company. As guardian shall have the authority and responsibility to supervise, insure and direct that the health, safety, welfare, and educational needs of the minor child(ren) are properly served and satisfactorily met and make such decisions in relation thereto as may be necessary. As custodial/non-custodial guardian, the authority of said guardian shall/shall not supersede the authority of the parent(s) regarding the health, safety, welfare, and education needs of the minor child(ren). Annual reporting IS REQUIRED. The first review will be a placement review.

JUDGE OF THE DISTRICT COURT

This form is from A Handbook For Guardians Of Minor Children prepared by the Oklahoma Bar Association Estate Planning, Probate & Trusts Section Guardianship Handbook Subcommittee October 2021 IN THE DISTRICT COURT OF COUNTY

STATE OF OKLAHOMA

In the matter of the Guardianship of )

)

) Case No.: )

)

A Minor Child(ren)

GUARDIAN AD LITEM DATA SHEET

1. YOUR Name and address:

(First) (Middle) (Last)

2. Please list any other names YOU have used (i.e. maiden name): 3. YOUR Date of Birth: YOUR Social Security No: 4. Address where minor will live: 5. The name(s) of EACH AND EVERY PERSON (over the age of 18) currently living or stays in your home. Include date of birth:

Name Date of Birth

6. Has this child ever had involvement with DHS, or has DHS spoken with you in regard to the child(ren)? Yes No If yes, please explain:

(Signature) (Signature)

(Address) (Address)

(City, State, Zip Code) (City, State, Zip Code)

This form is from A Handbook For Guardians Of Minor Children prepared by the Oklahoma Bar Association Estate Planning, Probate & Trusts Section Guardianship Handbook Subcommittee October 2021 IN THE DISTRICT COURT OF COUNTY

STATE OF OKLAHOMA

In the matter of the Guardianship of )

)

) Case No.: )

)

A Minor Child(ren)

INFORMATION SHEET

TO: ALL APPLICANTS FOR GUARDIANSHIP OF MINOR

THE COURT REQUIRES THAT THE FOLLOWING INFORMATION BE PROVIDED PRIOR TO THE COURT CONSIDERING YOUR APPLICATION FOR A GUARDIANSHIP: 1. The name(s) of the child(ren) that you seek guardianship of and date of birth: Name Date of Birth

2. The name(s) of EACH AND EVERY PERSON (including yourself and the child(ren) subject to the guardianship) currently living or stays in your home. Include date of birth: Name Date of Birth

This form is from A Handbook For Guardians Of Minor Children prepared by the Oklahoma Bar Association Estate Planning, Probate & Trusts Section Guardianship Handbook Subcommittee October 2021 3. If you currently do not have physical custody of the minor child(ren) subject to this case and are seeking physical custody, please explain (1) who currently has custody of the child(ren); and (2) why does the Court need to remove the child from their care? 4. If either parent is living in your home with the child(ren), please explain why you believe a guardianship is necessary if you are allowing the child(ren) and the child(ren)’s parent to live in the same house: 5. When was the last time the child(ren) saw their natural mother? Where did they see her? Address? Was it her residence? . 6. When was the last time the child(ren) saw their natural father? Where did they see him? Address? Was it his residence? . 7. Has this child ever had involvement with DHS, or has DHS spoken with you in regard to the child(ren)? Yes No If yes, please explain:

. 8. Has there been a guardianship on this child(ren) or a sibling of this child(ren)?

Yes No If yes, please explain: . 9. Have you or anyone living in your home, ever been charged and/or arrested with a felony crime, or a crime involving domestic violence? Yes No If Yes, provide name and case no. WHEREFORE, Petitioner(s), being duly sworn upon oath, states that he/she has read the above and reports his/her answers to be true and correct.

(Signature)

(Print Name)

(Address)

(City, State, Zip Code)

(Telephone Number)

This form is from A Handbook For Guardians Of Minor Children prepared by the Oklahoma Bar Association Estate Planning, Probate & Trusts Section Guardianship Handbook Subcommittee October 2021 IN THE DISTRICT COURT OF COUNTY

STATE OF OKLAHOMA

In the matter of the Guardianship of )

)

) Case No.: )

)

A Minor Child(ren)

LETTERS OF GUARDIANSHIP

is/are hereby appointed general guardian of the person and/or estate of . WITNESS the undersigned Judge of the District Court of Oklahoma County, State of Oklahoma, this day of, 20 .

JUDGE OF THE DISTRICT COURT

OATH OF GUARDIAN(S)

I/We, do solemnly swear that I/We will discharge all and singular the duties of General Guardian of the person and/or estate of

according to law, and to the best of my/our ability. Guardian Signature Guardian Signature

Subscribed and sworn to before me this day of, 20 .

JUDGE OF THE DISTRICT COURT

(Print Name) (Address) (City, State, Zip Code) (Telephone No.) This form is from A Handbook For Guardians Of Minor Children prepared by the Oklahoma Bar Association Estate Planning, Probate & Trusts Section Guardianship Handbook Subcommittee October 2021 IN THE DISTRICT COURT OF COUNTY

STATE OF OKLAHOMA

In the matter of the Guardianship of )

)

) Case No.: )

)

A Minor Child(ren)

NOMINATION OF GUARDIAN BY A MINOR FOURTEEN

YEARS OF AGE OR ABOVE

1. I,, a minor, years of age, having been born on, 20, which Petition seeks the appointment of the Petitioner(s) as guardian of of my person of my person of my property

(check all that apply);

2. I am aware of my right to nominate a guardian to be appointed for me, and that the Court will appoint the person(s) I nominate if the Court approves that Petition; and, 3. I hereby nominate

(print full names of persons nominated) as guardian(s) of my of my person of my property (check all that apply) if the Court determines that my nominees qualify under the law.

Signature of Minor

Subscribed and sworn to before me this day of, 20 .

Court Clerk/Notary/Judge

This form is from A Handbook For Guardians Of Minor Children prepared by the Oklahoma Bar Association Estate Planning, Probate & Trusts Section Guardianship Handbook Subcommittee October 2021 IN THE DISTRICT COURT OF COUNTY

STATE OF OKLAHOMA

In the matter of the Guardianship of )

)

) Case No.: )

)

A minor child(ren)

NOTICE FOR HEARING PETITION FOR APPOINTMENT OF GUARDIAN You are hereby notified that

has petitioned this Court to be appointed guardian of the person and/or estate of the above-named minor(s),, and that said Petition will be heard in the courtroom of Judge, Room in the County Courthouse located at, on the day of, 20, at o’clock am pm at which time you may appear and show cause if any, why said Petition should not be granted. Witness my hand and seal of said Court this day of, 20 .

JUDGE OF THE DISTRICT COURT

(Print Name) (Address) (City, State, Zip Code) (Telephone No.) This form is from A Handbook For Guardians Of Minor Children prepared by the Oklahoma Bar Association Estate Planning, Probate & Trusts Section Guardianship Handbook Subcommittee October 2021 IN THE DISTRICT COURT OF COUNTY

STATE OF OKLAHOMA

In the matter of the Guardianship of )

)

) Case No.: )

)

A Minor Child(ren)

ORDER FOR HEARING PETITION FOR APPOINTMENT OF GUARDIAN Whereas, the Petition of having been filed in this Court on the day of, 20, and it appearing that thi Court has jurisdiction and is the proper venue for the matters alleged therein, the Court hereby orders and directs that said Petition be set for hearing on the day of, 20, at o’clock am pm in the courtroom of Judge of the District Court, Courtroom No. . Notice hereof shall be given by first class mail, with postage prepaid, sent to the last known address of each of the following no less than ten (10) days prior to the hearing date:

(1) the minor, if fourteen (14) years of age or older;

(2) both parents of the minor;

(3) all grandparents of the minor;

(4) all adult brothers and sisters of the minor:

(5) any person having custody or with whom the minor resides; and,

(6) all persons known to Petitioner who claims any rights to custody or visitation with the minor.

The Petitioner(s) is/are required to prove to the Court his/her compliance with these notice requirements. Witness my hand and



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