On May 2, 2017, Oklahoma Governor Mary Fallin signed HB2247
authorizing the filing of a petition and conducting of a hearing for
appointment of a guardian for a disabled minor child within ninety (90) days prior
to the child reaching age eighteen (18).
Prior to the passing of this new statute, the parents of the disabled
child were required to wait until the child reached his/her 18th
birthday before being permitted to file a petition and thereafter
(approximately 30 days following the date of filing) having a hearing to seek appointment
of a guardian over their now adult disabled child.
Under the new statute there will be no “gap” or lag time
between the child arriving at age 18 and the date of a hearing on the matter, since
the court order under this new procedure will become effective automatically
when the child reaches 18. Under the
existing law, no petition for a disabled child was permitted to be filed until after
the child turned 18, thus causing a “gap” in time during which no guardian was
in place until a hearing was conducted, usually within a month after filing the
petition.
This new procedure will relieve the minds of many parents
who have expressed concern to me about something happening during the “gap” period
when no guardian has yet to be appointed because the hearing to appoint a
guardian has not yet occurred but their child has already reached age 18.
With the new statute, though parental authority technically
ceases when the child reaches 18, if the new statutory procedure is implemented
after a hearing is conducted (sometime during the 90 days prior to the child
reaching the age of 18), the parents will become guardians on the
child’s 18th birthday and there will then be no loss of
authority/watch-care over their disabled child, a welcome relief to many
parents.
The statute becomes effective November 1, 2017.
Curtis J. Shacklett, Esq.
Barber & Bartz, P.C.
525 S. Main St., Ste. 800
Tulsa, OK 74103-4511
Telephone: (918) 599-7755
Facsimile: (918) 599-7756
Email: cshacklett@barberbartz.com
Website: www.barberbartz.com
