Tahlequah Attorney BlogDo You Have to Live in Oklahoma to File for Guardianship?

If You’re a Non-Oklahoma Resident, You Cannot Get Guardianship

Video Transcribed: Do you have questions about getting an Oklahoma guardianship of a family member but you live out of state? Can you even get one if you live out of state? My name is Ryan Cannonie, I am the Tahlequah family attorney for the Wirth Law Office in Cherokee County.

And something that some people come across when they’re looking at the guardianship of a family member is whether or not they can actually get a guardianship because they live out of state.

There’s actually a statute on this and defines that if you’re a non-resident, you cannot get guardianship of someone in Oklahoma, but for a few exceptions.

So you can get guardianship of a spouse, a child, a grandchild, a parent, a grandparent, a brother, a sister, a niece, and nephew, and aunt and uncle. Had to look up the statute real fast to remind me. So if you’re any of those familial relations, you can actually get guardianship even if you live out of state.

Now, if you do live out of state and you want guardianship of someone who’s not on that list, you’re probably going to be denied it because our statutes talk about if you’re a non-resident then you’re not going to be able to get guardianship of someone.

If you’re thinking about a guardianship, if you’ve got questions about them, if you want to see what your options are, if a guardianship’s even appropriate, sometimes adoption’s better, sometimes power of attorney is a better option.

So if you’re kind of going through all this type of stuff, then please give us a call, we can try to help you. You can go to our website, tahlequahattorney.com. Send us a web form, we’ll get back to you as soon as we can, and hopefully, we can help you in your situation.

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