Upgrade plan
Cancel plan
Settings
Change Password
Contact Us
[OK] What are your rights as a caregiver who was locked out and falsely accused?
20
7
Full conversation
My legal question pertains to Oklahoma for caregiver rights, or elder law.
I understand that navigating caregiver rights and elder law can be challenging. Can you please specify the particular issue or situation you are facing in Oklahoma?
My wife was power of attorney over her grandmother managing her affairs since December 2023. On May 11, all of the family members received a guardianship petition. So after the hearing the court case was dismissed. Now that the family is mad about the guardianship petition there has been threats of malicious prosecution and retaliatory accusations. Although the entire family was aware of the caregiving arrangements and power of attorney arrangements. Self help, evictions, and Property lockouts. Violating Oklahoma law.
Have you already taken any steps or actions regarding this matter, such as consulting with other professionals or seeking assistance?
No, because my wife's original Attorney is on maternity leave.
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your guardianship petition.
No.
Hi there! Welcome to our service. My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information-only site. No attorney-client relationship is formed from our conversation. So I can best help, who filed the guardianship petition?
Legal information that’s still kept private? My wife filed.
We don’t have privilege here, as it’s only information. However, your wife denied the petition?
No, my wife filed the petition through her attorney. The judge dismissed the petition. In other words, the judge denied the petition based off of procedural reasons. So the family rushed to become special guardian and has black bald my wife away from the grandmother. Also, they are making numerous threats and false accusations after the guardianship case.
I’m sorry to hear about the situation your wife is facing. Has adult protective services been brought into it?
We spoke to adult protective services prior to guardian hearing. They said this was considered a family dispute. But now that the lawful hearing is over, they have now began to launch false accusations and manipulate the grandmother. They don’t allow visits for the grandmother anymore. Police came over 3 days in a row, and said this was a civil issue, and that the family should not be locking doors without the completion of an eviction hearing. But we have already seen locks changed from the other family.
If locks are changed, the person wrongfully removed can get a locksmith for re-entry. The police though do consider it civil which means that normally a suit would be filed for the bad acts. The guardianship could also be re-filed properly so that she can retake control.
Yes. We are more so concerned about the malicious accusations. The family members have strategized to attempt to bring false accusations, because it would disrupt a separate court matter involving my wife. Therefore she wouldn’t be able to refile for guardianship. Judge threw it out based on that alone.
I’m sorry to hear about the challenges your wife is facing. With the accusations, do you want to consider a civil suit for defamation?
If there’s a good recommendation for a Tulsa attorney, that you know could help or handle this gravity of case. That would be sufficient I suppose. We have never thought of a civil suit for defamation, or know how it works. The family members I speak of also convinced my wife to provide caregiving and helped and encouraged her to move in for the grandmother in December 2023. But ultimately only if they didn’t lose control. Currently we can confirm that they are using self help eviction tactics.
We are moving anyways. They just locked the house out within 1 day of the court case. Doesn’t allow the proper time to move. Yes I can consider the informational advice. Could it be used as a counter suit if sued 1st?
Another point to raise, is that the grandmother was deemed not fit for signing documents by her doctor in December 1st 2025. Which is the bases for my wife filing for guardianship. The cross petition by my wife family member says that she doesn’t need a guardian because she not incapacitated. Then two days after the dismissed hearing the same attorney filed a document saying that she is incapacitated, so that her client could be the emergency guardian. Instead of my wife. So basically the attorney lied on paper, within a short period of time. Just for her client to have the advantage. Although my wife has been providing the daily caregiving since December 2023.
I’m curious if the ok bar would listen to a concern such as this? It seems to violate a professional code of conduct. Also that same attorney is advising their client to do the self help eviction tactics. Does the separate court matter need to be cleared before filing a motion for sanctions, through my wife’s attorney? Or is the motion filed in a completely different court? Basically not guardianship court under the same judge
With defamation, it’s suing for the reputational harm caused by their statements. Oklahoma defines libel in (12 OK Stat § 1441) and slander in (12 OK Stat § 1442), and these claims generally must be brought within one year under (12 OK Stat § 95).
There is also something called abuse of process which is another potential civil suit with wrongful eviction. Disputes over possession of real property are handled through the court’s forcible entry and detainer process under (12 OK Stat § 1148.1). Even with moving, the costs associated with having been kicked out could be part of a civil suit. And yes, it can be used as a counter suit if you are sued first.
With the attorney lying, that can be cause for a motion for sanctions under (12 OK Stat § 2011), court filings must have factual support, and violations can result in sanctions including reasonable costs and attorney fees). The motion for sanctions can request that the attorney contribute to paying towards damages. It’s a punitive measure meant to punish the side acting in bad faith. The motion for sanctions would typically be filed in the same court where the guardianship case is being heard, as it relates to the conduct within that case. It is separate from the other court matter.
As for the bar, it’s always a little more complicated when it’s not your lawyer, but the bar complaint can be filed.
Ok. Thank you. This has just been highly emotional so hard to navigate, when we are not on the outside looking in.
You’re welcome. I completely understand how overwhelming this must be for you and your wife.
Disclaimer
By messaging FreeLegalAdvice.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and FreeLegalAdvice.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
FreeLegalAdvice.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
