Evidence in Adult Guardianships
Hi, I’m Tulsa attorney Palmer Johnson and welcome to my video series where I address commonly asked questions and topics that I get from my clients. Today, I’m talking a little bit about adult guardianships and incapacitated adults.
When seeking guardianship over an adult, you will need evidence of incapacity. This evidence may come from a physician, psychiatrist, or a psychological evaluation. It could also be event-related, with specific individuals testifying to their experiences.
Types of Evidence Needed
In some cases, the evidence may be clear-cut, such as when someone is in a coma and unable to speak for themselves. However, if there are no estate planning documents or power of attorney in place, you may need to pursue guardianship for an incapacitated family member.
If the guardianship is contested, the court may order an independent evaluation and appoint independent counsel for the proposed ward. They may also appoint a guardian ad litem in high-conflict family matters to make a recommendation to the court based on the ward’s best interest.
Consultation and Assistance
The primary evidence required for adult guardianships is related to the individual’s physical and mental condition. It is crucial to consult with an attorney to assess whether your case meets the standards for declaring someone incapacitated.
If you would like to set up a low-cost initial consultation to discuss the specifics of your case, please contact experienced guardianship attorney Palmer Johnson at Moms.Law or call 918-770-7117. I would be happy to discuss the facts and potential outcomes of your situation with you.