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Can a guardian of an elderly person make changes to the will or beneficiaries already established?
Anonymous1 views1 answers
My wife's aunt has recently filed for guardianship of her father (my wife's g-pa). My wife's grandpa doesn't speak highly of his daughter, long family story, but now she has been granted guardianship (or she claims). Now, she may or may not be included in his will or beneficiary on policy(s) he may have. If she is not, or not happy with his decisions, can she have them changed? Also, if they are the only 2 remaining relatives, daughter and granddaughter, should my wife have a say in the guardianship rights process as the granddaughter? Oklahoma Law
I am a Michigan attorney and not licensed to practice in Oklahoma. Nevertheless, in OK as in every other state, you must be of sound mind and of sufficient mental capacity to write a will. If you don't write it, the state will write it for you. No-one else can execute a legal will for you. If you lose capacity after writing a will, the last valid will applies.
Regardiang Guardianship and Conservatorship, family members should have been notified before any judge appointed someone as guardian.
Anyone may object to the choice of guardian. To petition for a change of guardianship, you must file papers with the court, inform all interested parties , and attend a legal hearing. The judge will hear evidence on the person's mental capacity and any ongoing problems with a named guardian. If the judge concludes that a guardian is necessary, he or she will appoint one -- commonly, the spouse or adult child.
If several family members vie for the job of guardian, the judge follows preferences established by state law. Most states give priority to the person's spouse, adult children, adult siblings, or other blood relatives. However, a judge who thinks someone else is best for the job may pick that person.
