Oklahoma Temporary Guardianship Agreement
Oklahoma's delegation lasts up to one year, with a new power of attorney for each additional year.
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Introduction
A parent or legal custodian signs Oklahoma's power of attorney to delegate parental or legal custodian powers, and the caregiver signs an acceptance. The form has a notary acknowledgment for both. It is not a court guardianship and may be revoked at any time.
Key Things to Know
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The Oklahoma instrument is the power of attorney to delegate parental or legal custodian powers under 10 O.S. Sections 700-701. A parent or legal custodian signs it and the attorney-in-fact signs an acceptance. The statutory form is in Section 701. A power of attorney is sufficient if its wording complies substantially with that form and the signatures of the parties are acknowledged.
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The power of attorney is effective for a period not to exceed one year. If the delegation lasts longer than one year, the parent or legal custodian must sign a new power of attorney for each additional year. Signing it is not abandonment, abuse or neglect, unless the parent or legal custodian fails to make contact or sign a new power of attorney after the one-year limit has passed.
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The statutory form has an acknowledgment before a notary for both the parent or legal custodian and the attorney-in-fact. The statute refers to one parent or legal custodian and no requirement that both parents sign is stated. This page does not state any rule on witnesses, filing, or notice to the other parent.
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The form's broad option covers care, custody and property, enrolling the child in school in the district where the child physically resides, education records, school activities, and consent to or withholding of consent for medical and dental treatment. A list of specific powers may be used instead. This page does not promise that any school or medical provider must accept the document.
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The power of attorney cannot delegate termination of parental rights, consent to marriage, consent to adoption, or the performance or inducement of an abortion on or for the child. The attorney-in-fact must act on a continuous basis for not less than 24 hours and without compensation, and the child is not considered placed in foster care.
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This is not a court guardianship. It delegates powers but does not deprive the parent or legal custodian of any parental or legal authority. The parent or legal custodian may revoke it at any time. The statute says 'another person' may serve and states no relative, age or residency requirement.
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If this document does not fit your situation, or a longer or court-backed arrangement is needed, Oklahoma has court guardianship of a minor under Title 30 and the Standby Guardianship Act (S.B. 1701, 2024, to be codified in Title 30), where a designated standby guardian must petition for court approval within 30 days of the triggering event. A court guardianship over a parent's objection is a contested case. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Oklahoma child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.
Key decisions before you file
Before you file a Temporary Guardianship Agreement in Oklahoma, a few decisions shape the document: which option to choose and what each one means. The Temporary Guardianship Agreement guide walks through them.
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Oklahoma Requirements for Temporary Guardianship Agreement
Parent-Signed Power of Attorney
A parent or legal custodian may delegate powers regarding the care and custody of a child to another person by a properly executed power of attorney (10 O.S. Section 700(A)).
One-Year Maximum Term
The delegation lasts for a period not to exceed one year, and a new power of attorney is required for each additional year (10 O.S. Sections 700(A), (B) and 701).
Notary Acknowledgment
The statutory form includes an acknowledgment before a notary for both the parent or legal custodian and the attorney-in-fact (10 O.S. Section 701(A), (B)).
Attorney-in-Fact Acceptance
The attorney-in-fact signs an acceptance of the designation as stated in the statutory form (10 O.S. Section 701(A)).
Delegated Powers
The form's broad option covers care, custody and property, school enrollment in the district where the child physically resides, education records, school activities, and medical and dental consent, or a list of specific powers (10 O.S. Section 701(A)).
Powers That Cannot Be Delegated
The power of attorney cannot delegate termination of parental rights, consent to marriage or adoption, or the performance or inducement of an abortion on or for the child (10 O.S. Section 700(A)).
Uncompensated Continuous Service
The attorney-in-fact must exercise authority on a continuous basis for not less than 24 hours and without compensation (10 O.S. Section 700(C)).
Revocation at Any Time
The parent or legal custodian may revoke or withdraw the power of attorney at any time, and the delegation does not deprive them of any parental or legal authority (10 O.S. Section 700).
Substantially Compliant Form
A power of attorney is sufficient if its wording complies substantially with the statutory form and the signatures of the parties are acknowledged (10 O.S. Section 701(B)).