When it comes to who becomes the guardian of a minor or an incapacitated person, Oklahoma’s court system has the final say. But a bill by state Sen. Patrick Anderson, R-Enid, would prevent non-citizens from becoming a guardian.
Senate Bill 902 also puts the same restrictions on people who aren’t legal residents of the United States. Anderson told The Journal Record’s Dale Denwalt one of his constituents, who’s a judge, was worried after being approached by several people seeking guardianship in his courtroom:
“If you were to go be appointed as a guardian, they would do a background check on you and make sure you were eligible to serve as a guardian,” said Anderson. “When an individual shows up that’s not a legal resident, if they don’t have any way to do a background check on these individuals, they don’t know who they are.” The court, he said, wants to make sure the person receiving that authority is the best person for the job. Anderson said he believes his bill would ultimately prevent a family member, such as a grandmother, from being able to take guardianship over a child if she is not a legal resident or citizen.
Immigration attorney Milissa Tipton-Dunkins told Denwalt she’s worried that if a young child needs a guardian - a grandmother, an uncle or even a family friend wouldn’t be able to step in if the adult isn’t here legally.
“They should continue that,” said Tipton-Dunkins. “If they did not, it could break up families. There are a lot of undocumented individuals caring for grandchildren or nieces or nephews that have come here.” Just because someone isn’t here legally doesn’t mean the state can’t verify whether that person is a threat to the child’s well-being, she said. Authorities can run a background check and perform home visits and make sure that children stay with someone they know – even if it’s a neighbor. “At least it would be with somebody they’re familiar with as opposed to a stranger,” she said. “And if they go into the system, that’s a financial cost on the state as well.”
One lawyer who handles immigration issues says he agrees with Anderson’s bill.
[Amir] Farzaneh said people who aren’t here legally or who are here on time-sensitive visas might not be the best choices to handle someone else’s affairs. “They’re supposed to be here in the U.S. and leave at some point in time,” Farzaneh said. “They may have to leave the next day, and the child or incapacitated person is going to be without a guardian.”
The proposed law is now making its way through the state House, Denwalt says it would probably have to be considered by a joint House and Senate conference committee before it ends up on the governor's desk.
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