Oklahoma § 30-3 - Renumbered as § 1-108 of this title by Laws 1988, c. 329, §

Full text of Oklahoma Oklahoma Statutes § 30-3 — Renumbered as § 1-108 of this title by Laws 1988, c. 329, §, with citation guidance and answers to common questions.

§ 30-3. Renumbered as § 1-108 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.

§30-3-101. Petition for appointment of guardian.

A. Any person interested in the welfare of a person believed to

be an incapacitated person or partially incapacitated person may

file a petition alleging that such person is an incapacitated or

partially incapacitated person, and request the appointment of a

guardian.

B. The petition shall be verified and shall specify:

1. The names and addresses of persons entitled to notice

pursuant to Section 3-110 of this title and to the attorney of the

subject of the proceeding, if any, and if known to the petitioner;

2. The nature and degree of the alleged incapacity;

3. The relief requested and the facts and reasons supporting

the need for such relief including, where applicable, a description

of any acts or behavior of the subject of the proceeding which gave

rise to the allegations; and

4. The estimated value of all intangible personal property of

the ward.

C. A copy of the results of any physical, psychological or

other appropriate professional evaluation of the condition of the

subject of the proceeding which has been completed within sixty (60)

days prior to the filing of the petition, may be attached to the

petition at the time it is filed.

D. A guardianship plan or plans substantially in the form

required by Section 3-120 or Section 3-122 of this title or both, as

appropriate, may be attached to the petition at the time it is filed

or may be submitted to the court at the time of the hearing.

E. Before making the appointment, the court may receive an

investigation and report regarding the background and home of the

prospective guardian. When required, the investigation and report

of the prospective guardian and placement restrictions and

requirements shall include a check for the petitioner and each adult

Oklahoma Statutes - Title 30. Guardian and Ward

member of the petitioner’s household establishing that there is no

record of a criminal conviction, protective order or pending

criminal charge. Additionally, the report shall include an Oklahoma

State Bureau of Investigation name-based criminal background check

for the petitioner and each adult member of the petitioner’s

household establishing that no record of a criminal conviction

exists in the OSBI criminal history repository based on the search

criteria provided. The petitioner shall disclose the case name and

status of any civil or criminal matter in state or federal court,

including but not limited to bankruptcy adjudications, involving the

petitioner or any adult household member.

Added by Laws 1988, c. 329, § 38, eff. Dec. 1, 1988. Amended by

Laws 1990, c. 323, § 25, operative July 1, 1990; Laws 2007, c. 364,

§ 1, emerg. eff. June 4, 2007.

§30-3-102. Nomination of guardians or alternate guardians by adult

- Priorities of nominations.

A. Every person eighteen (18) years of age or older who is of

sound mind and not acting under duress, menace, fraud or undue

influence, may nominate a guardian of his person and property, or of

either, as provided by this section. Such nomination shall, in the

event of the incapacity or partial incapacity of said person be

proved in the same manner as any other writing. The nomination

shall be binding on any court having jurisdiction of said

guardianship subject to the disqualification of the nominee by the

court.

B. Such nomination shall be in writing and shall be signed by

the person making such nomination. The nomination shall be

substantially in the following form:

Nomination of Guardian by an Adult

I, ____________________, being of sound mind and not

(Name)

acting under any duress, menace, fraud, or other undue influence do

hereby nominate (Name, current residence, and relationship, if any,

of the nominee) to serve as the guardian of my (person, property,

both) in the event that after the date of this instrument I become

incapacitated.

Executed at ________________________ (city, state)

on this______day of_________, 19__.

______________________

Signature

C. In such nomination, the person making it may nominate an

alternate guardian or guardians to act in the event a previously

named nominee is unable or unwilling to act as guardian.

D. If the same person has executed more than one nomination of

a guardian:

1. The most recent nomination shall control; or

Oklahoma Statutes - Title 30. Guardian and Ward

2. If two or more nominations bear the same most recent date

the court may appoint one of the nominees or may appoint more than

one of the nominees as coguardians upon determining the nominator to

be an incapacitated or partially incapacitated person.

E. This section shall not be construed as amending or in any

manner affecting special powers of attorney, Sections 1051 through

1077 of Title 58 of the Oklahoma Statutes, or durable powers of

attorney or express trusts established pursuant to the provisions of

Title 60 of the Oklahoma Statutes.

Added by Laws 1961, p. 441, § 1. Amended by Laws 1988, c. 329, §

39, eff. Dec. 1, 1988. Renumbered from Title 58, § 896 by Laws

1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c.

323, § 26, operative July 1, 1990.

§30-3-102.1. Initiation of guardianship proceedings for minors at

least 17 years and 6 months of age.

A. Any person interested in the welfare of a minor, where the

minor is at least seventeen (17) years and six (6) months of age and

believed to be an incapacitated person or partially incapacitated

person, may initiate guardianship proceedings, file a petition

pursuant to Section 3-101 of Title 30 of the Oklahoma Statutes and

request that any guardianship order take effect immediately on the

minor's eighteenth birthday.

B. The petitioner may provide with the petition a copy of the

results of an evaluation of the minor by a physician, psychologist

or other appropriate professional evaluation that meets the

requirements of subsection C of Section 3-101 of Title 30 of the

Oklahoma Statutes. If the evaluation was conducted within sixty

(60) days prior to the filing of the petition, the petitioner may

ask in the petition that the court accept this report in lieu of

ordering any additional evaluation pursuant to Section 3-108 of

Title 30 of the Oklahoma Statues, and the court may grant the

request.

Added by Laws 2017, c. 182, § 1, eff. Nov. 1, 2017.

§30-3-103. Nomination of guardian or limited guardian by will.

A parent of an unmarried incapacitated or partially

incapacitated person, the spouse of a married incapacitated or

partially incapacitated person, or an adult child of such person who

is serving as guardian or limited guardian may nominate by will, or

by other writing executed by the nominating parent or parents,

spouse, or adult child, an individual to serve as guardian or

limited guardian upon the death or incapacity of the nominator.

Such nomination shall be executed by the nominator in the same

manner as provided for nominations made pursuant to Section 3-102 of

this title.

Oklahoma Statutes - Title 30. Guardian and Ward

Added by Laws 1988, c. 329, § 40, eff. Dec. 1, 1988.

Laws 1990, c. 323, § 27, operative July 1, 1990.

Amended by

§30-3-104. Priorities for selection by court of guardian or limited

guardian - Appointment of organization - Determination of

suitability - Appointment of public agency.

A. The following priorities shall guide the selection by the

court of a guardian or limited guardian of an incapacitated or

partially incapacitated person from among those eligible:

1. The individual or individuals nominated by the subject of

the proceeding pursuant to Section 3-102 of this title;

2. The current guardian or limited guardian appointed or

recognized by the appropriate court of any other jurisdiction in

which the incapacitated or partially incapacitated person resides;

3. An individual nominated by the will or by other writing of a

deceased parent, spouse, or an adult child who was serving as the

guardian or limited guardian of the subject of the proceeding;

4. The spouse of the subject of the proceeding;

5. An adult child of the subject of the proceeding;

6. A parent of the subject of the proceeding;

7. A sibling of the subject of the proceeding;

8. Any individual approved by the court with whom the subject

of the proceeding has been living for more than six (6) months prior

to the filing of the petition. Provided that any owner, operator,

administrator or employee of a facility subject to the provisions of

the Nursing Home Care Act, the Residential Home Care Act or the

Group Homes for the Developmentally Disabled or Physically

Handicapped Persons Act shall not be appointed guardian or limited

guardian of a resident of such facility unless the owner, operator,

administrator or employee is the spouse of the resident, or a

relative of the resident within the second degree of consanguinity

and is otherwise eligible for appointment; or

9. If applicable, an individual volunteer qualified for

appointment as a guardian of a veteran pursuant to the Veterans

Volunteer Guardianship Act.

B. When the guardian or limited guardian of an incapacitated or

partially incapacitated person is the guardian of property only, the

court may appoint an organization which is eligible to manage the

financial resources of an individual and has fiduciary powers, or

its successor in interest, when:

1. Such organization is nominated by the subject of the

proceeding pursuant to Section 3-102 of this title;

2. Such organization is nominated by a person eligible to make

such nomination pursuant to Section 3-103 of this title; or

3. The appointment of such organization is in the best interest

of the subject of the proceeding.

Oklahoma Statutes - Title 30. Guardian and Ward

C. The court shall make reasonable inquiry to determine whether

the person or organization proposed to serve as the guardian or

limited guardian of an incapacitated or partially incapacitated

person is suitable and will exercise the powers and carry out the

duties and responsibilities of guardian or limited guardian in the

best interest of the ward. The court shall also inquire of the

proposed guardian of the person of the ward as to how the guardian

proposes to provide for the care of the ward, and of the proposed

guardian of the estate of the ward as to how the guardian proposes

to manage the property of the ward and to provide for the ward's

financial care. The court shall make such orders with respect

thereto as the court deems to be for the best interest of the ward.

D. A public agency shall not be appointed to serve as guardian

for an adult except as provided in Section 1415 of Title 10 and

Section 10-108 of Title 43A of the Oklahoma Statutes.

Added by Laws 1988, c. 329, § 41, eff. Dec. 1, 1988. Amended by

Laws 1990, c. 323, § 28, operative July 1, 1990; Laws 2019, c. 23, §

7, emerg. eff. April 4, 2019.

§30-3-105. Court appointment where nominee is unable, unwilling or

cannot qualify to serve.

In the event the person nominated is unable, unwilling, or

cannot qualify to so serve, the court shall make a finding of such

fact and shall proceed to the appointment of a guardian as if such

nomination had not been made, taking into account any alternative

guardian named in the nomination.

Added by Laws 1961, p. 441, § 2. Amended by Laws 1988, c. 329, §

42, eff. Dec. 1, 1988. Renumbered from Title 58, § 897 by Laws

1988, c. 329, § 134, eff. Dec. 1, 1988.

§30-3-106. Rights of individual alleged to be or found to be

incapacitated or partially incapacitated - Confidentiality - Relief

from costs and fees - Record.

A. In all hearings conducted pursuant to Article III of the

Oklahoma Guardianship and Conservatorship Act, an individual who is

alleged to be or found to be an incapacitated or partially

incapacitated person shall have a right to:

1. Notice as provided in Section 3-110 of this title;

2. Be present at such hearings;

3. Compel the attendance of witnesses;

4. Present evidence;

5. Cross-examine witnesses;

6. Appeal adverse orders and judgments as provided by the rules

of civil procedure;

7. Representation by court-appointed counsel upon request; and

8. Request that the proceedings be closed to the public.

Oklahoma Statutes - Title 30. Guardian and Ward

B. The requirement of notice to the subject of the proceeding

shall not be waived. The requirement that the subject of the

proceeding be present at a hearing may be waived only for good cause

shown. The court shall make inquiries to determine whether there is

sufficient cause to waive the right to be present. Whenever the

requirement that the subject of the proceeding be present is waived,

the court shall make a finding on the record as to the reason the

subject of the proceeding is not present at the proceeding and the

alternatives which were considered to enable the subject of the

proceeding to be present.

C. Any person may apply for permission to participate in a

proceeding or to be admitted to a proceeding which has been closed

to the public. The court may grant the request to participate upon

determining that the best interest of the subject of the proceeding

will be served thereby. The court may, for good cause shown, grant

the request of such person for permission to be admitted to the

closed proceeding upon determining that said person has a legitimate

interest in the proceedings. In granting either request, the court

may impose any appropriate conditions it deems necessary.

D. If the subject of the proceeding is under the influence of

psychotropic medication, during any judicial hearing held pursuant

to the Oklahoma Guardianship and Conservatorship Act, the court

shall be advised of this fact, the purpose of the medication, and

the effect which it may have on the individual's actions, demeanor

and participation at the hearing.

E. Statements of individuals alleged or found to be partially

incapacitated or incapacitated persons made during the course of the

evaluations, examinations and treatment pursuant to the Oklahoma

Guardianship and Conservatorship Act shall be privileged and

confidential. Such statements shall not be admissible without the

individual's consent in any civil or criminal proceeding other than

a proceeding held pursuant to the Oklahoma Guardianship and

Conservatorship Act.

F. A party to a proceeding held pursuant to the Oklahoma

Guardianship and Conservatorship Act may be relieved of court costs

and filing fees as specified by Section 152 of Title 28 of the

Oklahoma Statutes or as provided by Section 192 of Title 56 of the

Oklahoma Statutes.

G. At the request of any party to a proceeding pursuant to the

provisions of the Oklahoma Guardianship and Conservatorship Act, the

court shall order that a stenographic or mechanical record of the

proceeding be made.

Added by Laws 1988, c. 329, § 43, eff. Dec. 1, 1988. Amended by

Laws 1990, c. 323, § 29, operative July 1, 1990.

§30-3-106.1.

programs.

Court-appointed advocates for vulnerable adults

Oklahoma Statutes - Title 30. Guardian and Ward

A. As used in this section:

1. “Court-appointed advocates for vulnerable adults” or “CAAVA”

means a responsible adult who has been trained and is supervised by

a court-appointed advocates for vulnerable adults program recognized

by the court, and who has volunteered to be available for

appointment under this section to serve as an officer of the court,

as a guardian ad litem to represent the best interests of any

vulnerable adult over whom the district court exercises

jurisdiction, until discharged by the court;

2. “Court-appointed advocates for vulnerable adults program”

means an organized program, administered by either an independent,

not-for-profit corporation, a dependent project of an independent,

not-for-profit corporation, or a unit of local government, which

recruits, screens, trains, assigns, supervises and supports

volunteers to be available for appointment by the court as guardians

ad litem, to represent the best interests of a vulnerable adult;

3. “Vulnerable adult” means a person, eighteen (18) years of

age or older, who is a victim of abuse, neglect or exploitation, or

who is disabled; and

4. “Best interests” means a determination with regard to a

vulnerable adult that is made from the perspective of the vulnerable

adult, considering, but without giving primary importance to, the

convenience of the vulnerable adult’s relatives, caregivers or

health care providers, and without regard for the perceived quality

of life of the vulnerable adult or the vulnerable adult’s perceived

nearness to death.

B. The following entities shall collectively develop policy

guidelines for court-appointed advocates for vulnerable adults

programs:

1. Oklahoma Planning Council on Developmental Disabilities;

2. Court-appointed special advocates (CASA);

3. Aging Services Division of the Department of Human Services;

4. Adult Protective Services Program Office;

5. Office of Public Guardian;

6. Advocacy Partnership for Aging Oklahomans;

7. The State Long-Term Care Ombudsman; and

8. The Developmental Disabilities Division of the Department of

Human Services.

C. 1. Whenever a petition is filed alleging that a potential

ward, hereinafter referred to as a vulnerable adult, is abused,

neglected, exploited or disabled, or for any other action related to

the vulnerable adult, the court may appoint a guardian ad litem for

the vulnerable adult at any time subsequent to the filing of the

petition.

2. The court may appoint a guardian ad litem upon the request

of the vulnerable adult, the attorney of the vulnerable adult, the

Office of Public Guardian, the Adult Protective Services Program

Oklahoma Statutes - Title 30. Guardian and Ward

Office, Aging Services Division and the Developmental Disabilities

Services Division within the Department of Human Services, the

Office of the State Long-Term Care Ombudsman, the state legal

services developer, or any other party to the action.

3. A guardian ad litem shall not be a district attorney, an

employee of the office of the district attorney, the vulnerable

adult’s attorney, an employee of the court, or an employee of any

public agency having duties or responsibilities related to the

vulnerable adult.

4. The guardian ad litem shall be appointed to advocate

objectively on behalf of the vulnerable adult and act as an officer

of the court to investigate all matters concerning the best

interests of the vulnerable adult. In addition to other duties

required by the court and as specified by the court, a guardian ad

litem shall have the following responsibilities:

review documents, reports, records and other

information relevant to the case, meet with and

observe the vulnerable adult in appropriate settings,

and interview relatives, health care providers, adult

protective services workers and any other persons with

knowledge relevant to the case,

advocate for the vulnerable adult’s best interests by

participating in the case, attending any hearings in

the matter and advocating for appropriate services for

the vulnerable adult when necessary,

maintain the confidentiality of information related to

the case,

monitor the vulnerable adult's best interests

throughout any judicial proceeding, and

present written reports on the vulnerable adult’s best

interests that include conclusions and

recommendations, and the facts upon which they are

based.

5. The guardian ad litem shall be given access to the court

files and agency files and access to all documents, reports, records

and other information relevant to the case and to any records and

reports of examination of the vulnerable adult’s relatives, guardian

or custodian, made pursuant to the laws relating to adult abuse and

neglect, including reports generated by service providers.

D. 1. Whenever a court-appointed advocates for vulnerable

adults program is available to the court to serve as a guardian ad

litem, priority shall be given to appointment of the court-appointed

advocate for vulnerable adults to serve as guardian ad litem for the

vulnerable adult regardless of whether a guardian ad litem has been

requested pursuant to the provisions of this subsection.

2. A court-appointed advocates for vulnerable adults (CAAVA)

program may be made available to each judicial district.

Oklahoma Statutes - Title 30. Guardian and Ward

3. For purposes of this section, the terms "court-appointed

advocate for vulnerable adults" and “guardian ad litem” shall have

the same function. In like manner, a court-appointed advocate for

vulnerable adults, except as specifically otherwise provided by law

or by the court, shall have the same power, duties and

responsibilities as assigned to a guardian ad litem by law and shall

have such other qualifications, duties and responsibilities as may

be prescribed by rule of the Supreme Court.

4. A court-appointed advocate for vulnerable adults shall serve

without compensation.

E. 1. Any person participating in a judicial proceeding as a

court-appointed advocate for vulnerable adults shall be presumed

prima facie to be acting in good faith and in so doing shall be

immune from any civil liability that otherwise might be incurred or

imposed.

2. Any person serving in a management position of a courtappointed advocate for vulnerable adults organization, including a

member of the Board of Directors acting in good faith, shall be

immune from any civil liability or any vicarious liability for the

negligence of any court-appointed advocate for vulnerable adults

organization advocates, managers or directors.

Added by Laws 2002, c. 298, § 1, eff. July 1, 2002.

§30-3-107. Appointment of counsel - Explanation and inquiry by

court - Replacement of appointed counsel - Determination of

independence of retained counsel - Record.

A. If at or prior to a hearing on a petition alleging a person

to be an incapacitated or partially incapacitated person, or if at

any point in the course of a proceeding pursuant to said petition,

the subject of the proceeding is not represented by counsel, the

court may appoint an attorney as provided in this section, and the

court may at any time subsequent to the filing of said petition

appoint a guardian ad litem to assist the court in making a

determination as to whether or not an attorney should be appointed

for the subject of the proceeding. Where available, an attorney

appointed by the court may be a public defender.

B. If the subject of the proceeding is present at the hearing

on the petition and is not represented by counsel at said hearing:

1. The court shall explain on the record:

the purpose and potential consequences of the

proceeding; and

the right to be represented by counsel upon request

and that if the subject of the proceeding wishes to be

represented by counsel, the court will appoint an

attorney to represent the subject of the proceeding at

the hearing on the petition.

Oklahoma Statutes - Title 30. Guardian and Ward

2. Following such explanation the court shall inquire of the

subject of the proceeding whether he wishes to have an attorney

appointed.

If the subject of the proceeding requests the

appointment of an attorney, the court shall appoint an

attorney.

If the subject of the proceeding does not request the

appointment of an attorney and the court is in doubt

as to whether the subject of the proceeding is capable

of making an informed decision regarding the

appointment of an attorney and the court determines

that it is in the best interest of the subject of the

proceeding to be represented by counsel, the court

shall appoint an attorney for the subject of the

proceeding, or if the court determines that the

appointment of counsel is not in the best interest of

the subject of the proceeding, the court shall not

appoint an attorney.

If the subject of the proceeding does not request the

appointment of an attorney and the court determines

that the subject of the proceeding is capable of

making an informed decision regarding the appointment

of an attorney, the court shall not appoint an

attorney.

3. The court may make the explanation and inquiry required by

this subsection, regarding the purpose and potential consequences of

the proceeding and the appointment of an attorney, prior to the

hearing on the petition. At the hearing on the petition the court

shall include on the record the facts related to said explanation

and inquiry, the determinations made by the court with respect

thereto and the reasons for such determinations.

C. If the subject of the proceeding is not present at the

hearing on a petition alleging him to be an incapacitated or

partially incapacitated person and is not represented by counsel and

the court has not made the explanation and inquiry as provided by

paragraph 3 of subsection B of this section, the court shall make

sufficient inquiry to determine affirmatively whether it would be in

the best interest of the subject of the proceeding to appoint

counsel to represent the subject of the proceeding at the hearing on

the petition.

1. If the court determines that it is in the best interest of

the subject of the proceeding to be represented by counsel, the

court shall appoint an attorney.

2. If the court determines that the appointment of counsel is

not in the best interest of the subject of the proceeding, the court

shall not appoint an attorney.

Oklahoma Statutes - Title 30. Guardian and Ward

D. Whenever the court determines that the appointment of

counsel is not in the best interests of the subject of the

proceeding, or if the subject of the proceeding does not request the

appointment of an attorney and the court determines that the subject

of the proceeding is capable of making an informed decision

regarding the appointment of counsel, the court shall explain on the

record the reason for such determination.

E. 1. If an attorney is appointed, the court shall delay the

hearing on the petition only for the period of time necessary for

the attorney to prepare the case for the hearing but in no event

less than five (5) days after such appointment.

2. The attorney appointed by the court shall be replaced by

another attorney if:

the subject of the proceeding prefers the services of

an attorney other than the one initially appointed for

him;

the preferred attorney agrees to accept the

responsibility; and

the subject of the proceeding or the attorney whom he

prefers notifies the court of the preference and the

attorney's acceptance of employment.

3. An attorney appointed pursuant to this section shall contact

the subject of the proceeding promptly after receiving notification

of his appointment. An attorney appointed pursuant to the

provisions of this section shall be compensated pursuant to the

provisions of Section 4-403 of this title.

F. 1. Except as provided by paragraph 2 of this subsection or

as otherwise ordered by the court, the responsibility of an attorney

appointed pursuant to the provisions of this section ceases upon the

appointment of a guardian or limited guardian of the subject of the

proceeding or when a determination not to appeal the decision is

made. The court may appoint an attorney to represent a ward at any

subsequent proceeding.

2. Whenever there is an appeal of a decision made subsequent to

a hearing on a petition requesting the appointment of a guardian or

limited guardian, the responsibility of an attorney appointed

pursuant to this subsection continues with respect to the appeal

until the conclusion of the appeal proceedings. Upon application of

the attorney, the court may allow the attorney to withdraw from the

case and shall appoint another attorney to represent the subject of

the proceeding in any appeal proceedings.

G. In all cases where independent counsel is retained by or on

behalf of the subject of the proceeding, the court shall make

independent inquiry to determine whether counsel is independent and

whether any conflict of interest exists which would preclude proper

representation of the subject of the proceeding or which would be

detrimental to the best interest of the subject of the proceeding.

Oklahoma Statutes - Title 30. Guardian and Ward

The court shall appoint other counsel where retained counsel is

found not to be independent.

H. Proceedings brought pursuant to the provisions of this

section shall be made a part of the record in the guardianship

proceeding.

Added by Laws 1988, c. 329, § 44, eff. Dec. 1, 1988. Amended by

Laws 1990, c. 323, § 30, operative July 1, 1990.

§30-3-108. Evaluations of subject of proceeding.

A. After the filing of the petition, the court may, on its own

motion or at the request of any party to the proceeding, if the

court determines it to be for the best interest of the ward, order

an evaluation of the subject of the proceeding in connection with

any proceeding pursuant to the provisions of the Oklahoma

Guardianship and Conservatorship Act where the capacity of said

person is a material issue.

B. Any evaluations made pursuant to the Oklahoma Guardianship

and Conservatorship Act, as appropriate for the condition or alleged

condition of the person being evaluated, shall be performed by:

1. A physician;

2. A psychologist;

3. A social worker with a graduate degree in social work and

field training or experience in working with incapacitated or

partially incapacitated persons; or

4. Other expert with knowledge of the particular incapacity or

disability which the individual is alleged or has been found to

have, or knowledge of the skills required to meet the essential

requirements for the individual's physical health or safety or to

manage that individual's financial resources.

C. An evaluation report prepared and signed by the person or

persons performing the evaluation shall be submitted to the court

prior to the hearing at which the court shall consider the report.

The report shall include, but not be limited to:

1. A description of the nature and extent of the incapacity of

the person, if any;

2. A description of the mental, emotional and physical

condition of the person, his ability to function in the ordinary

activities of daily life and, if appropriate, the educational

condition, adaptive behavior and social skills of the person;

3. An opinion regarding the kind and extent of assistance, if

any, required by the person;

4. An assessment and review of any services necessary to

provide for the well-being of the person in the following areas:

physical health,

mental health,

social skills, and

adequate and appropriate living conditions;

Oklahoma Statutes - Title 30. Guardian and Ward

An opinion regarding:

the probability that the extent of the incapacity, if

any, of the person may significantly lessen or

increase, and

the type of services or treatment, if any, appropriate

for the subject of the proceeding or which could

facilitate improvement in the condition of the subject

of the proceeding; and

A description of any tests or other evaluative techniques

used.

Added by Laws 1988, c. 329, § 45, eff. Dec. 1, 1988.

Laws 1990, c. 323, § 31, operative July 1, 1990.

Amended by

§30-3-109. Hearing on petition - Setting of date.

When it is represented to the court in a petition filed pursuant

to this act alleging that a person is an incapacitated person or

partially incapacitated person, the court shall set a date for a

hearing on the petition which date shall be no more than thirty (30)

days after the filing of the petition. The court shall cause notice

to be served pursuant to the provisions of Section 3-110 of this

title and to the attorney of the subject of the proceeding, if any,

and if known to the petitioner.

R.L. 1910, § 6538. Amended by Laws 1955, p. 302, § 1; Laws 1972, c.

174, § 1, eff. Oct. 1, 1972; Laws 1988, c. 329, § 46, eff. Dec. 1,

1988. Renumbered from Title 58, § 851 by Laws 1988, c. 329, § 134,

eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 32, operative

July 1, 1990.

§30-3-110. Notice of hearing.

A. The court shall cause notice to be served of the time and

place of the hearing on the petition requesting the appointment of a

guardian for an incapacitated or partially incapacitated person on:

1. The subject of the proceeding; and

2. The following persons, other than the petitioner, who are

known to the petitioner or whose existence and address can be

ascertained by the petitioner with reasonably diligent efforts:

the spouse, if any, of the subject of the proceeding,

the attorney, if any, of the subject of the

proceeding,

all adult children of the subject of the proceeding,

if there is no such adult child, the then living

parent or parents of the subject of the proceeding, or

if there is no such parent, all adult brothers and

sisters of the subject of the proceeding, and all

adult children of any deceased brothers or sisters of

the subject of the proceeding, and all adult

grandchildren of the subject of the proceeding;

Oklahoma Statutes - Title 30. Guardian and Ward

3. In case no person listed in paragraph 2 of this subsection

is given notice, notice shall be given to at least one and not more

than three of the nearest adult relatives of the subject of the

proceeding who are known to the petitioner or whose existence and

address can be ascertained with reasonably diligent efforts;

4. If not the petitioner, any person or organization which, in

the petition, is proposed to serve as guardian or limited guardian

or, to the extent such nomination is known to the petitioner, who is

nominated by will or other writing to serve as guardian or limited

guardian;

5. To the extent known to the petitioner:

the person or facility having care or custody of the

subject of the proceeding, and

the Department of Human Services or the Department of

Mental Health and Substance Abuse Services, if the

Departments are providing services to the subject of

the proceeding;

6. As appropriate, the Secretary of the United States

Department of Veterans Affairs if the subject of the proceeding is a

veteran and is reasonably believed to be eligible for or in receipt

of benefits or services from the Department; and

7. Any other person as directed by the court.

B. A copy of the pleading which gave rise to the notice shall

be attached to any notice served pursuant to this section.

C. Except for actions appointing a special guardian pursuant to

Section 3-115 of this title:

1. Notice shall be served personally on the individual who is

the subject of the proceeding at least ten (10) days before the time

set for hearing. Such personal service may be made by the attorney

for the petitioner, sheriff, or licensed process server. The person

making such services shall make proper return thereof; and

2. Notice to other persons entitled to notice of a hearing on

the original petition requesting the appointment of a guardian shall

be mailed by regular first-class mail at least ten (10) days before

the time set for the hearing. Such service by mail may be made by

the court clerk, deputy court clerk or attorney for the petitioner.

D. The notice to the subject of the proceeding shall set forth

the date, time, place, and purpose of the hearing to which the

notice refers. Such notice shall be substantially in the following

form:

NOTICE OF HEARING

TO: _______________________________________

(Name of subject of proceeding)

Service Address ________________________________

You are hereby notified that a petition has been filed alleging that

you are an __ incapacitated, __ partially incapacitated person and

are incapable of __ caring for yourself, __ managing your property.

Oklahoma Statutes - Title 30. Guardian and Ward

The petition requests that a __ guardian, __ limited guardian be

appointed by the court to make decisions for you regarding __

yourself, __ your property. A copy of the petition is attached.

The hearing on the petition will be held on

____________________________________________________________.

(date, time and place of the hearing)

At the hearing a ( ) guardian, ( ) limited guardian may be

appointed for your ( ) person, ( ) property. The judge will explain

to you the nature, purpose and effect of the proceedings.

You have the right to attend the hearing. You may confront and

cross-examine all witnesses and present your own witnesses. You

have the right to request that your hearing be closed to the public.

You may request that an expert be appointed to examine you and if

the judge believes that an examination is necessary, the judge will

order an evaluation to be done.

You have the right to hire an attorney of your choice to

represent you. If you do not have an attorney and you wish to be

represented by an attorney at the hearing, the court will appoint

one for you. You may request the appointment of an attorney orally

or in writing prior to the hearing or at the hearing. If you are

able, you will be required to pay the cost of an attorney appointed

by the court.

Added by Laws 1988, c. 329, § 47, eff. Dec. 1, 1988. Amended by

Laws 1989, c. 319, § 1, eff. Nov. 1, 1989; Laws 1990, c. 323, § 33,

operative July 1, 1990; Laws 1991, c. 335, § 10, emerg. eff. June

15, 1991; Laws 2016, c. 320, § 2, eff. Nov. 1, 2016; Laws 2019, c.

23, § 8, emerg. eff. April 4, 2019.

NOTE: Laws 1989, c. 270, § 1 repealed by Laws 1990, c. 51, § 146,

emerg. eff. April 9, 1990, and Laws 1990, c. 323, § 80, operative

July 1, 1990. Laws 1990, c. 51, § 21 repealed by Laws 1991, c. 335,

§ 36, emerg. eff. June 15, 1991.

§30-3-111. Determination by court - Order appointing guardian Explanation on record.

A. At the hearing on the petition the court shall determine

whether or not it is necessary to appoint a guardian of the person,

property or both. If a guardian is needed, the court shall

determine:

1. When a general or limited guardian of the person of the

subject of the proceeding is requested, the essential requirements

for the health and safety of the subject of the proceeding and the

skills and knowledge necessary to meet those requirements;

2. When a general or limited guardian of the property of the

subject of the proceeding is requested, the type and amount of the

financial resources of the subject of the proceeding, the essential

requirements for managing the financial resources and the skills and

knowledge necessary to manage the financial resources;

Oklahoma Statutes - Title 30. Guardian and Ward

3. The nature and extent of the incapacity of the subject of

the proceeding, if any; and

4. Whether by clear and convincing evidence the subject of the

proceeding is an incapacitated or partially incapacitated person.

B. If after a full hearing and examination upon such petition,

the court finds by clear and convincing evidence that the subject of

the proceeding is an incapacitated or partially incapacitated

person, the court shall determine the extent of the incapacity and

the feasibility of less restrictive alternatives to guardianship to

meet the needs of the subject of the proceeding. Upon such

determination, the court may:

1. Dismiss the action if the court finds that less restrictive

alternatives to guardianship are feasible and adequate to meet the

needs of the subject of the proceeding; or

2. Appoint a guardian or limited guardian. An order making

such an appointment shall include a specific finding that it was

established by clear and convincing evidence that the identified

needs of the subject of the proceeding require a guardianship

instead of less restrictive alternatives.

C. Guardianship for an incapacitated person shall be:

1. Used only as is necessary to promote and protect the wellbeing of the person and his or her property;

2. Designed to encourage the development of maximum selfreliance and independence of the person; and

3. Ordered only to the extent required by the actual mental,

physical and adaptive limitations of the person.

R.L. 1910, § 6539. Amended by Laws 1953, p. 247, § 80; Laws 1955,

p. 302, § 2; Laws 1988, c. 329, § 48, eff. Dec. 1, 1988. Renumbered

from Title 58, § 852 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Amended by Laws 1990, c. 323, § 34, operative July 1, 1990; Laws

2021, c. 133, § 2, eff. Nov. 1, 2021.

§30-3-112. Appointment of guardians or limited guardians.

A. Whenever the court finds the subject of the proceeding to be

an incapacitated person the court shall appoint:

1. A general guardian of the person; and

2. As the court determines to be necessary and appropriate, a

guardian of the property of the ward.

B. Whenever the court finds the subject of the proceeding to be

a partially incapacitated person the court shall appoint, as

necessary and appropriate for said person:

1. A limited guardian of the person; or

2. A general or a limited guardian of the property of said

person; or

3. A limited guardian of the person and a general or limited

guardian of the property of said person.

Oklahoma Statutes - Title 30. Guardian and Ward

C. The court may appoint the same or separate persons to serve

as guardian or limited guardian of the person and guardian or

limited guardian of the property of a ward.

Added by Laws 1988, c. 329, § 49, eff. Dec. 1, 1988. Amended by

Laws 1990, c. 323, § 35, operative July 1, 1990.

§30-3-113. Order appointing guardian - Specific determinations of

capacity - Submission of guardianship plan - Other orders.

A. The order appointing a guardian, based upon evidence

adduced, shall set forth:

1. The determinations made by the court at the hearing;

2. The name and address of the individual, if any, appointed to

serve as the limited guardian or guardian;

3. The specific limitations imposed upon the ward, if the ward

is a partially incapacitated person;

4. Any authority granted a guardian of the person of the ward

to change the place of abode of the ward outside of the state or

county without the prior permission of the court;

5. Findings of fact as to whether the ward retains sufficient

capacity to vote; and

6. Whenever the court determines a review hearing is necessary

or desirable, the date of the review hearing.

B. In establishing the specific limitations on the legal

activities of a ward for whom a limited guardian of the person is

appointed, the court shall make specific determinations regarding

the capacity of the subject of the proceeding, including but not

limited to determining whether the ward retains sufficient capacity:

1. To vote;

2. To serve as a juror;

3. To operate a motor vehicle;

4. To be licensed or continue to practice any profession of the

ward; and

5. To make personal medical decisions including but not limited

to decisions to withhold or withdraw life-sustaining procedures, to

receive hospice services through a home or inpatient hospice

program, to donate organs, to undergo elective surgery, or to

consent to routine or necessary medical or other professional care,

treatment or advice.

C. In establishing the specific limitations on the legal

abilities of a ward for whom a limited guardian of the property is

appointed, the court shall make specific determinations regarding

the capacity of the subject of the proceeding, including but not

limited to determining whether the ward retains sufficient capacity

to:

1. Appoint an agent to act on his behalf;

2. Enter into contracts;

3. Grant conveyances; or

Oklahoma Statutes - Title 30. Guardian and Ward

4. Make gifts of property.

D. If not submitted with the petition or at the hearing, the

guardian or limited guardian shall submit a guardianship plan as

required by Section 3-120 or 3-122 of this title, or both, as

appropriate and a copy of said plan shall be mailed to those persons

entitled to notice pursuant to paragraphs 1, 2, 3 and 7 of

subsection A of Section 3-110 of this title. The guardianship plan

as approved by the court shall be made a part of the order of the

court. Said plan may be modified as provided by this act.

E. The court may, in its discretion, make such further orders

as the court deems necessary for the best interest of the ward for

care of the ward and maintenance or management of the ward’s

property, including but not limited to:

1. Order the guardian of the property of the ward to provide

the ward from such property with specified amounts of money,

monthly, or from time to time, which the ward may dispose of as the

ward shall determine and for which, other than a showing of the

amounts paid to the ward, the guardian will not be required to

account. Such order may be modified upon application of the

guardian or any interested person, and a hearing conducted thereon,

with notice of the hearing on such application to be given to those

persons entitled to notice pursuant to paragraphs 1, 2, 3 and 7 of

subsection A of Section 3-110 of this title and shall be given as

provided in Section 3-110 of this title; and

2. The amount of the bond as required by Section 4-201 of this

title.

Added by Laws 1988, c. 329, § 50, eff. Dec. 1, 1988. Amended by

Laws 1990, c. 323, § 36, operative July 1, 1990; Laws 2019, c. 86, §

1, eff. Nov. 1, 2019; Laws 2021, c. 544, § 2, eff. Nov. 1, 2021.

§30-3-114. Assignment of powers to limited guardian - Endorsement

of limitation or specification of assets upon letters of

guardianship.

A. The court may assign to a limited guardian of the person any

portion of the powers and duties of a general guardian of the person

except the power to take custody of the person of the ward. The

court may also assign to the limited guardian the duty to assist the

ward in those particular areas in which the capacity of the ward is

impaired including, but not limited to, the duty to assist the ward

in:

1. Meeting the requirements for his health or safety;

2. Protecting his rights;

3. Obtaining necessary services;

4. Fulfilling his civic duties; and

5. Any other areas as determined necessary by the court and

which are not specifically prohibited by Section 56 of this act.

Oklahoma Statutes - Title 30. Guardian and Ward

B. An order specifying that only part of the property or estate

of a ward is under the control or management of the guardian creates

a limited guardianship of the property.

1. The court may assign to a limited guardian of property any

of the duties and powers of a general guardian of the property

regarding the management of financial resources which the partially

incapacitated person lacks the capacity to perform; or

2. The court may assign to a limited guardian of property the

duty of assisting the ward to perform any of such functions with

regard to any financial resource of the ward.

C. If the court limits any power conferred on the guardian of

property or specifies that management of some but not all assets of

the ward be placed under the control of a guardian of the property,

the limitation or specification of assets subject to the

guardianship must be endorsed upon the letters of guardianship.

Added by Laws 1988, c. 329, § 51, eff. Dec. 1, 1988.

§30-3-115. Appointment of special guardian - Powers - Duration Bond - Removal.

A. The court may appoint a special guardian for a person who

appears to be or has been found to be an incapacitated or partially

incapacitated person when it appears:

1. There is imminent danger that the health or safety of said

person will be seriously impaired or that the financial resources of

said person will be seriously damaged or dissipated unless immediate

action is taken; and

2. No other person appears to have authority to act in the

circumstances or the guardian previously appointed is unable to or

refuses to take action.

B. The request for appointment of a special guardian may be

included in the petition to appoint a guardian or by separate

petition, either of which must be verified.

C. The court may appoint an attorney, separate and apart from

the petitioner's attorney, for the subject of the proceeding who

does not have legal representation and either cannot afford a

private attorney or cannot retain counsel due to incapacity and may

proceed to hear the petition as same pertains to appointment of a

special guardian with or without notice. If notice is required, the

notice shall set a time for hearing on the petition within seventytwo (72) hours. Notice shall be served on:

1. The subject of the proceeding;

2. The attorney of the subject of the proceeding, if any;

3. The spouse of the subject of the proceeding, if any, and if

the spouse is not the petitioner; and

4. At least one other adult relative of the subject of the

proceeding or any other person who is not the petitioner, as

directed by the court.

Oklahoma Statutes - Title 30. Guardian and Ward

Notice shall be personally served in the manner as the court directs

on the subject of the proceeding and on other persons receiving

notice as directed by the court.

D. The court may without notice appoint a special guardian upon

the filing of the petition, upon presentation of evidence of the

incapacity of the subject of the proceeding, upon a showing that an

immediate or reasonably foreseeable serious physical harm to the

subject of the proceeding or serious impairment of the financial

resources of said person will result from a delay, and upon

presentation of a proposed emergency plan of care for the subject of

the proceeding. Whenever a special guardian is immediately

appointed as provided by this subsection, the court shall cause a

copy of the petition, order and letters of special guardianship to

be served on:

1. The subject of the proceeding;

2. The spouse of the subject of the proceeding, if any, if the

spouse is not the petitioner; and

3. At least one other adult relative of the subject of the

proceeding, if such relative is known or can be ascertained with

reasonable diligence, or by any other person who is not the

petitioner, as directed by the court.

The notice shall be served in the manner the court directs.

E. The court shall grant the special guardian only those powers

necessary to act with respect to the particular emergency, as

determined by the court. The special guardian shall be granted only

powers to accomplish acts that are both supported by the proposed

emergency plan of care and found necessary by the court. Power to

change the place of residence of the subject of the proceeding shall

be specifically granted by the court upon a showing that the needs

of the subject of the proceeding cannot be met within such subject's

present residential arrangements. The court's approval shall be

required for any changes in either the emergency plan of care or the

specified powers of the special guardian. The letters for a special

guardian shall state that the person is a special guardian, the date

of the expiration of the special guardianship, and the specific

power or powers of the special guardian.

F. The appointment of a special guardian shall be effective

from the date of appointment until a guardian is appointed pursuant

to Section 1-112 of this title, or for thirty (30) days, whichever

is less.

G. The court shall not require bond if the appointment is over

the person only, and may require or waive bond if the appointment is

as to the property of the ward.

H. The authority of any guardian or limited guardian previously

appointed by the court is suspended with regard to the powers

granted to the special guardian, but not otherwise, for as long as a

special guardian has authority as provided by this section.

Oklahoma Statutes - Title 30. Guardian and Ward

I. The court may remove a special guardian at any time. The

special guardian shall file a report showing all actions taken

during the special guardianship and shall make any other report the

court requires.

Added by Laws 1988, c. 329, § 52, eff. Dec. 1, 1988. Amended by

Laws 1989, c. 319, § 2, eff. Nov. 1, 1989; Laws 1990, c. 323, § 37,

operative July 1, 1990; Laws 1994, c. 234, § 4, eff. Sept. 1, 1994;

Laws 2001, c. 322, § 1, emerg. eff. June 1, 2001.

§30-3-116. Proceedings to determine restoration to capacity.

A. Any person who has been judicially determined to be an

incapacitated or partially incapacitated person, the guardian or

limited guardian, any relative of the ward or any friend of the ward

may apply by petition to the district court of the county in which

such person was declared incapacitated or partially incapacitated,

to have the fact of the ward's restoration to capacity judicially

determined. The petition shall be verified, and shall state that

such person is no longer incapacitated or partially incapacitated.

B. Upon receiving the petition, the court shall appoint a day

for the hearing. Such hearing shall be set within thirty (30) days

after the date of the filing of the petition. The court shall cause

notice to be served as provided by Section 3-110 of this title and

to the attorney of the subject of the proceeding, if any, and if

known to the petitioner. At the hearing, the guardian or relative

of the petitioner, and in the discretion of the court, any other

person, may contest the right of the petitioner to the relief

demanded. Witnesses may be required to appear and testify, as in

all other civil matters, and may be called and examined by the judge

on his own motion. If it is found that the petitioner is no longer

incapacitated or partially incapacitated and capable of taking care

of himself or his property, or both, his restoration to capacity

shall be adjudged, and the guardianship of such person shall cease.

R.L. 1910, § 6541. Amended by Laws 1955, p. 303, § 4; Laws 1988, c.

329, § 53, eff. Dec. 1, 1988. Renumbered from Title 58, § 854 by

Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1989,

c. 270, § 2, eff. Nov. 1, 1989; Laws 1990, c. 323, § 38, operative

July 1, 1990.

§30-3-117. Presumption of capacity when guardian discharged without

appointment of another.

Whenever a guardian or limited guardian who has been appointed

for an incapacitated or partially incapacitated person has been

discharged by the final order of a court having jurisdiction

thereof, and no other guardian has been appointed for said person by

a court of competent jurisdiction, the person for whom said guardian

had been appointed shall be presumed to be fully restored and shall

be presumed to be fully capable and competent to make contracts and

Oklahoma Statutes - Title 30. Guardian and Ward

transact any and all business as though said person had never been

declared to be incapacitated or partially incapacitated.

Added by Laws 1947, p. 346, § 1. Amended by Laws 1988, c. 329, §

54, eff. Dec. 1, 1988. Renumbered from Title 58, § 855 by Laws

1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c.

323, § 39, operative July 1, 1990.

§30-3-118. Duties and powers of guardian or limited guardian.

A. A guardian or limited guardian of the person of an

incapacitated or partially incapacitated person is responsible for

the care or control of the ward pursuant to the provisions of the

Oklahoma Guardianship and Conservatorship Act, and the orders of the

court, and the guardianship plan approved by the court and shall

perform diligently and in good faith any specific duties and powers

assigned by the court.

B. 1. A guardian or limited guardian of the person of an

incapacitated or partially incapacitated person shall:

become or remain sufficiently acquainted with the ward

and maintain sufficient contact with the ward to know

of the capacities, limitations, needs, opportunities,

and physical and mental health of the ward;

assure that the ward has a place of abode in the least

restrictive, most normal setting consistent with the

requirements for his health or safety; and

provide any required consents or approvals on behalf

of the ward as authorized by the court.

2. A guardian or limited guardian of the person, if consistent

with the terms of an order of the court, may:

if no guardian of the property or conservator for the

estate of the ward has been appointed, institute

proceedings, including administrative proceedings, or

take other appropriate action to compel the

performance by any person of a duty to support the

ward or to pay sums for the welfare of the ward; and

consent to routine or necessary medical or other

professional care, treatment, or advice for the ward

without liability by reason of the consent for injury

to the ward resulting from the negligence or acts of

third persons unless a parent would have been liable

in the circumstances.

C. If satisfied that the incapacity or partial incapacity of

the ward has ceased, the guardian or limited guardian shall file a

petition requesting a determination on the restoration to capacity

of the ward and the termination of the guardianship.

Added by Laws 1988, c. 329, § 55, eff. Dec. 1, 1988. Amended by

Laws 1990, c. 323, § 40, operative July 1, 1990.

Oklahoma Statutes - Title 30. Guardian and Ward

§30-3-119. Limitation of powers of guardian.

A guardian shall have no powers except as provided by the

Oklahoma Statutes or given to such guardian in the orders in the

guardianship proceeding. This limitation of powers includes but is

not limited to the following:

1. No guardian shall have the power to consent on behalf of the

ward to the withholding or withdrawal of life-sustaining procedures

as provided in the Oklahoma Advance Directive Act from the ward,

except, in accordance with Section 3102.4 of Title 63 of the

Oklahoma Statutes:

with specific authorization of the court having

jurisdiction over the guardianship proceedings which

authorization must be granted in a separate order and

only at such time as the ward is in need of lifesustaining treatment, and must include specific

findings of fact and conclusions of law based on the

standard established in Section 3101.16 of Title 63 of

the Oklahoma Statutes,

as authorized by an advance directive executed

pursuant to the Oklahoma Advance Directive Act,

as authorized by a consent not to resuscitate made

pursuant to the Oklahoma Do-Not-Resuscitate Act, or

to receive hospice services as authorized by a

licensed physician who determines the ward is

terminally ill, as defined in Section 1-860.2 of Title

63 of the Oklahoma Statutes, provided that withholding

or withdrawal of life-sustaining procedures can be

authorized only in accordance with the provisions of

this paragraph;

2. No guardian or court having jurisdiction of the guardianship

proceeding shall have the power to consent on behalf of the ward or

order the consent on behalf of the ward to the termination or

relinquishment of parental rights of the ward;

3. Except in an emergency and only as necessary to preserve the

life of the ward, no guardian shall have the power to consent on

behalf of the ward to an abortion, psychosurgery, removal of a

bodily organ, performance of any experimental biomedical or

behavioral procedure, or participation in any biomedical or

behavioral experiment, except with specific authorization of the

court having jurisdiction of the guardianship proceeding;

4. No guardian shall have the power to prohibit the marriage or

divorce of a ward except with specific authorization of the court

having jurisdiction of the guardianship proceeding; and

5. No guardian shall have the power to consent on behalf of the

ward to placement of the ward in a facility or institution to which

a person without a guardian would have to be committed pursuant to

Oklahoma Statutes - Title 30. Guardian and Ward

the laws of this state absent formal commitment proceedings in which

the ward has independent counsel.

Added by Laws 1988, c. 329, § 56, eff. Dec. 1, 1988. Amended by

Laws 1989, c. 319, § 3, eff. Nov. 1, 1989; Laws 1990, c. 323, § 41,

operative July 1, 1990; Laws 1992, c. 114, § 19, eff. Sept. 1, 1992;

Laws 1997, c. 327, § 15, eff. Nov. 1, 1997; Laws 2019, c. 86, § 2,

eff. Nov. 1, 2019; Laws 2020, c. 24, § 1, eff. Nov. 1, 2020.

§30-3-120. Proposed plan for care and treatment of ward.

A. If not filed with the petition or submitted to the court at

the time of the hearing, within ten (10) days after his appointment

the guardian or limited guardian of the person of an incapacitated

or partially incapacitated person shall file with the court, for its

approval, a proposed plan for the care and treatment of the ward and

shall submit subsequent or modified plans as required by this title.

Upon the application of the guardian or limited guardian, the court

may extend the time for filing the plan for not more than thirty

(30) days. The court may approve a plan acceptable to the court

without notice or hearing or may, as necessary, order the

modification of the plan at the initial review hearing.

B. 1. The proposed guardianship plan and any subsequent

guardianship plans for the care and treatment of the ward shall

state:

the services which are necessary to meet the essential

requirements for the physical health or safety of the

ward taking into account the contents and

recommendations of an evaluation report made with

respect to the ward, if any;

the means for obtaining those services;

the manner in which the guardian or limited guardian,

the ward, and the guardian of the property of the ward

or the conservator, or if an organization or another

person has been appointed to serve in that capacity,

will exercise and share decision-making authority; and

such other services necessary to assist in fulfilling

the needs of the ward, the terms of the most recent

dispositional order applying to such guardian or

limited guardian, and the duties of such guardian or

limited guardian.

2. Each such plan shall be substantially in the following form:

Plan for the Care and Treatment of a Ward

I, _______________________, the (guardian, limited

(Name)

guardian) for___________________________________________________

(Name and the current place of abode of the ward)

hereby submit this (initial, annual or as ordered by the court)

Guardianship Plan for the care and treatment of said ward.

Oklahoma Statutes - Title 30. Guardian and Ward

1. I believe the services necessary for the physical health and

safety of the ward are: ___________________________

2. Those services will be obtained or provided as follows:

_______________________________________________________________

3. The guardian (or conservator) of the property (Name or indicate

as not applicable) of the ward, the ward, and I plan to cooperate

and share decision-making authority with regard to the ward within

the provisions of the dispositional order as follows:

________________

_______________________________________________________________

4. I believe the following services will assist in fulfilling the

needs of the ward, implementing the terms of the most recent

dispositional order applying to me as (guardian or limited

guardian):

________________________

__________________________

Date

(Signature of guardian or

limited guardian)

C. If ordered by the court, the plan for the care and treatment

of the ward shall be prepared with the assistance of any person

designated by the court to provide such assistance.

Added by Laws 1988, c. 329, § 57, eff. Dec. 1, 1988. Amended by

Laws 1990, c. 323, § 42, operative July 1, 1990.

§30-3-121. Disposition of financial resources under supervision and

control of guardian or limited guardian - Petition for restoration

of capacity.

A. A guardian of the property must keep safe the property of

his ward and shall act as a fiduciary as provided by Section 1-121

of this title.

Subject to the order and the guardianship plan for the

management of the financial resources of the ward, a guardian or

limited guardian of the property of the ward:

1. Shall expend or distribute, authorize the expenditure or

distribution of, and assist in the expenditure or distribution of,

the principal of or income from the financial resources placed under

his supervision and control to assure that:

the essential requirements for the physical health or

safety of the ward are met,

the property rights of the ward are protected,

the financial resources of the ward which are subject

to the guardianship are prudently managed, and

the guardian or limited guardian of the person of the

ward, if any, or if other than the guardian or limited

guardian of the property, is able to perform the

duties and powers assigned by the court;

2. May expend funds of the estate for the support of persons

legally dependent on the ward and others who are members of the

Oklahoma Statutes - Title 30. Guardian and Ward

ward's household who are unable to support themselves, and who are

in need of support;

3. May, subject to prior specific approval by the court, make

gifts to charity, persons, which may include the guardian or limited

guardian, or both such charity and persons, as the ward might have

been expected to make, based upon an established pattern of giving

made by the ward prior to the appointment of a guardian or limited

guardian or if the court finds it is in the best interest of the

subject of the proceeding on the basis of tax or estate planning.

The court may approve gifts of small amounts for holidays, birthdays

or similar occasions and shall specify in the order the maximum

amount which may be expended for such purpose and the person or

persons to whom such gifts can be made, which may include guardians

or limited guardians.

B. Limited guardians of property shall consider the size of the

financial resources of the ward which have not been placed under

their supervision or control.

C. If satisfied that the incapacity or partial incapacity of

the ward has ceased, the guardian or limited guardian of the

property shall file a petition requesting a determination on the

restoration to capacity of the ward and the termination of the

guardianship.

Added by Laws 1988, c. 329, § 58, eff. Dec. 1, 1988. Amended by

Laws 1989, c. 319, § 4, eff. Nov. 1, 1989; Laws 1990, c. 323, § 43,

operative July 1, 1990.

§30-3-122. Proposed plan for management of financial resources of

ward.

A. If not filed with the petition or submitted to the court at

the time of the hearing, within two (2) months after his

appointment, a guardian or limited guardian of the property of an

incapacitated or partially incapacitated person shall file with the

court for its approval a proposed plan for the management of the

financial resources of the ward that are under his management or

administration, and an inventory as required pursuant to Section 4301 of this title. Said guardian or limited guardian shall submit

subsequent or modified plans as required by this title.

B. Initial and subsequent guardianship plans for the management

of the financial resources of the ward shall state:

1. The services which are necessary to manage the property of

the ward placed under the control of the guardian or limited

guardian;

2. The means for obtaining those services;

3. The manner in which the guardian or limited guardian of the

property of the ward, the ward, and the guardian or limited guardian

of the person, or if another individual has been appointed to serve

in that capacity, will exercise and share decision-making authority;

Oklahoma Statutes - Title 30. Guardian and Ward

4. Such other services necessary to assist in the management of

the property placed under the guardian or limited guardian in

fulfilling the needs of the ward and the duties of such guardian or

limited guardian, and the terms of the most recent dispositional

order.

C. Each such plan shall be substantially in the following form:

Plan for the Management

of the Property of the Ward

I, ______________________, the (petitioner, guardian or limited

(Name)

guardian) for___________________________________________________

(Name and current place of abode)

hereby submit this (initial, annual or as ordered by the court)

Guardianship Plan.

1. I believe the services necessary to manage the property of the

ward which is subject to this Plan are as follows: ________________

_______________________________________________________________

2. Those services will be provided in the following manner:

____________________________________________________________

3. The guardian (or limited guardian) of the person, (Name, or

indicate as not applicable) the ward, and I plan to cooperate and

share decision-making authority with regard to the ward within the

provisions of the dispositional order as follows:

_______________________________________________________________

4. I believe the following services will assist in the management

of the property of the ward subject to my control, implementing the

terms of the most recent dispositional order applying to me as

(guardian or limited guardian) of the property:

_______________________________________________________________

______________

____________________________________

Date

(Signature of guardian or limited guardian)

Added by Laws 1988, c. 329, § 59, eff. Dec. 1, 1988. Amended by

Laws 1990, c. 323, § 44, operative July 1, 1990.

§30-3-123. Sale or lease of homestead of incapacitated or partially

incapacitated person.

Guardians of incapacitated and partially incapacitated persons

are authorized and empowered subject to the dispositional order and

the guardianship plan to sell and convey all or part of the

homestead of the incapacitated or partially incapacitated person,

and to lease all or part of the homestead of the incapacitated or

partially incapacitated person for oil, gas, and other mineral

exploration, development and production purposes and for

agricultural purposes.

Oklahoma Statutes - Title 30. Guardian and Ward

Added by Laws 1959, p. 223, § 1. Amended by Laws 1988, c. 329, §

60, eff. Dec. 1, 1988. Renumbered from Title 58, § 856 by Laws

1988, c. 329, § 134, eff. Dec. 1, 1988.

§30-3-124. Sale or lease of real property by guardian - Approval Joinder of spouse.

When the ward owns an interest in a tract of real property in

addition to a homestead interest, no conveyance, deed, contract or

lease executed pursuant to the authority granted by Section 3-123 of

this title shall be valid, unless the sale or leasing be conducted

in the manner provided by law for the sale or leasing of other lands

of an incapacitated or partially incapacitated person, be approved

by the court in which the guardianship proceeding is pending, and

the spouse of the ward be a party to such conveyance, deed, contract

or lease and join in the execution and acknowledgment thereof, but

when the ward owns no interest in a tract of real property other

than a homestead interest or possible homestead interest, a guardian

may execute a conveyance thereof on behalf of the ward for the

purpose of waiving such homestead interest or possible homestead

interest, if so authorized by order of the court in which such

proceeding is pending, made pursuant to application and notice sent

by ordinary mail to the persons set forth in Section 3-110 of this

title at least ten (10) days prior to the hearing of such

application.

Added by Laws 1959, p. 223, § 2. Amended by Laws 1988, c. 329, §

61, eff. Dec. 1, 1988. Renumbered from Title 58, § 857 by Laws

1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1994, c.

234, § 5, eff. Sept. 1, 1994.

§30-3-125. Application - Sections 60 and 61 cumulative.

Sections 60 and 61 of this act apply only to the homestead and

are cumulative and in addition to any such procedures now provided

or permissible under existing statutes.

Added by Laws 1959, p. 223, § 3. Amended by Laws 1988, c. 329, §

62, eff. Dec. 1, 1988. Renumbered from Title 58, § 858 by Laws

1988, c. 329, § 134, eff. Dec. 1, 1988.

§30-3-126. Estates of incapacitated or partially incapacitated

persons not exceeding $10,000.00 - Disposition - Discharge and

release.

A. When the whole estate of an adult who has been adjudicated

to be incapacitated or partially incapacitated does not exceed the

value of Ten Thousand Dollars ($10,000.00), the court may, in its

discretion, without the appointment of a guardian or the giving of

bond, authorize the deposit thereof in a depositary authorized to

receive fiduciary funds in the name of a suitable person designated

by such court, or, if the assets do not consist of money, authorize

Oklahoma Statutes - Title 30. Guardian and Ward

the delivery thereof to a suitable person designated by such court.

The person receiving such property shall hold and dispose of the

same in such manner as such court directs.

B. The person making payment, delivery, transfer or issuance of

property or evidence thereof to the person designated by such court

under this section is discharged and released to the same extent as

if such payment, delivery, transfer or issuance was made to a

guardian of the incapacitated or partially incapacitated person, and

he is not required to see to the application thereof. A person

making payment, delivery, transfer or issuance of property, or

evidence thereof, to a next friend or guardian ad litem may be

discharged and released as provided for in the Oklahoma Guardianship

and Conservatorship Act.

Added by Laws 1967, c. 51, § 2, emerg. eff. April 14, 1967. Amended

by Laws 1988, c. 329, § 63, eff. Dec. 1, 1988. Renumbered from

Title 58, § 898.2 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

Amended by Laws 1990, c. 323, § 45, operative July 1, 1990.

§30-3-201.

Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

§30-3-202.

Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

§30-3-203.

Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

§30-3-204.

Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

§30-3-205.

Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

§30-3-206.

Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

§30-3-207.

Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

§30-3-208.

Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

§30-3-209.

Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

§30-3-210.

Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

§30-3-211. Petition for appointment of conservator by reason of

physical disability - Consent - Notice and hearing.

When it is represented to the court upon verified petition of

any person, any relative, or friend that:

1. A person is an inhabitant or resident of the county or is

not a resident of the county or the state but has property within

the county;

2. That such person is, by reason of physical disability only,

unable to manage his property; and

Oklahoma Statutes - Title 30. Guardian and Ward

3. That such person voluntarily consents to the establishment

of a conservatorship and the appointment of a conservator, the court

must cause notice to be served personally on the person so alleged

to be unable to manage his property and on such other persons and in

such manner as the court directs, of the time and place of hearing

such petition, not less than five (5) days before the time so

appointed, and such person, if able to attend, must be produced

before the court at the hearing.

Added by Laws 1989, c. 276, § 7, eff. Nov. 1, 1989. Amended by Laws

1990, c. 323, § 46, operative July 1, 1990.

§30-3-212. Appointment of conservator - Consent necessary.

If, after a full hearing and examination upon such petition, it

appears to the court that the person in question is, by reason of

physical disability, unable to manage his property and that such

person consents to the appointment of a conservator, the court shall

appoint a conservator of the estate of such person. A conservator

shall not be appointed if the person in question does not consent to

the appointment.

Added by Laws 1989, c. 276, § 8, eff. Nov. 1, 1989.

§30-3-213. Persons ineligible for appointment as conservator.

No person shall be appointed conservator of an estate who would

be ineligible to act as guardian of the ward in such case.

Added by Laws 1989, c. 276, § 9, eff. Nov. 1, 1989.

§30-3-214. Care, custody and management of estate - Bond.

Every conservator appointed to preserve and protect the estate

of his ward as provided in Sections 3-201 and 3-202 of Title 30 of

the Oklahoma Statutes shall have the care, custody and management of

such estate until such conservator is legally discharged. The

conservator shall give bond to the State of Oklahoma, in like manner

and with like conditions as provided for guardians of incapacitated

and partially incapacitated persons.

Added by Laws 1989, c. 276, § 10, eff. Nov. 1, 1989. Amended by

Laws 1990, c. 323, § 47, operative July 1, 1990.

§30-3-215. Powers and duties of conservator - Jurisdiction of

court.

A conservator shall have the same powers and duties, including

the submission of plans and reports, as a guardian or limited

guardian of the property of an incapacitated or partially

incapacitated person as required by the Oklahoma Guardianship and

Conservatorship Act. All laws relative to the jurisdiction of the

court over the estate of a person under guardianship as an

incapacitated or partially incapacitated person, including the

investment, management, sale or mortgage of his property and the

Oklahoma Statutes - Title 30. Guardian and Ward

payment of his debts, shall be applicable to the estate of a person

under conservatorship.

Added by Laws 1989, c. 276, § 11, eff. Nov. 1, 1989. Amended by

Laws 1990, c. 323, § 48, operative July 1, 1990.

§30-3-216. Discharge of conservator - Accounting.

A conservator may be discharged by the court upon the

application of the ward or otherwise upon such notice to the

conservator and next of kin of said ward as the court may determine

reasonable and proper, when it appears that the conservatorship is

no longer necessary. In the event of the death, resignation or

removal of a conservator, the court, on the application of the

former ward and upon such notice to the next of kin of said ward as

the court may order, may certify that said ward is discharged by

operation of law if it appears that the conservatorship of said ward

is no longer necessary. Upon the termination of a conservatorship,

a conservator shall account to the court as otherwise provided by

the Oklahoma Guardianship and Conservatorship Act for guardians of

property.

Added by Laws 1989, c. 276, § 12, eff. Nov. 1, 1989. Amended by

Laws 1990, c. 323, § 49, operative July 1, 1990.

§30-3-217. Compensation of conservator.

The conservator shall receive as compensation for his services

the compensation provided by law for guardians.

Added by Laws 1989, c. 276, § 13, eff. Nov. 1, 1989.

§30-3-218. Subsequent appointment of guardian of ward - Effect on

estate.

Any subsequent appointment of a guardian of said ward as an

incapacitated or partially incapacitated person shall be an

appointment as guardian of the person only of said ward and shall

not include the appointment of such guardian of the estate of said

ward or in any manner affect the custody, management and the

handling of the estate of said ward by the conservator so long as

such conservatorship proceedings are pending.

Added by Laws 1989, c. 276, § 14, eff. Nov. 1, 1989.

§30-3-219. Limitation on right of ward to contract.

Upon the appointment of a conservator, the ward shall not

thereafter have the power to enter into any contract creating an

obligation against his estate except for necessities.

Added by Laws 1989, c. 276, § 15, eff. Nov. 1, 1989.

§30-3-220. Validation of prior conservatorships.

All conservatorships created prior to the effective date of the

Oklahoma Guardianship and Conservatorship Act, Section 1-101 et seq.

Oklahoma Statutes - Title 30. Guardian and Ward

of this title, with the consent of the person for whose property a

conservator was appointed, are hereby validated. Each such

conservatorship shall be presumed to have been created by consent

unless otherwise established by documents filed in the

conservatorship action or by other evidence.

Added by Laws 1989, c. 276, § 16, eff. Nov. 1, 1989. Amended by

Laws 1990, c. 323, § 50, operative July 1, 1990; Laws 1992, c. 395,

§ 2, eff. Sept. 1, 1992.

§30-3-301. Short title.

This act shall be known and may be cited as the "Uniform Adult

Guardianship and Protective Proceedings Jurisdiction Act".

Added by Laws 2010, c. 257, § 1, eff. Nov. 1, 2010.

§30-3-302. Definitions.

As used in the Uniform Adult Guardianship and Protective

Proceedings Jurisdiction Act:

(1) “Adult” means an individual who has attained eighteen (18)

years of age;

(2) “Conservator” means a person appointed by the court to

administer the property of an adult;

(3) “Guardian” means a person appointed by the court to make

decisions regarding the person of an adult;

(4) “Guardianship order” means an order appointing a guardian;

(5) “Guardianship proceeding” means a judicial proceeding in

which an order for the appointment of a guardian is sought or has

been issued;

(6) “Incapacitated person” means an adult for whom a guardian

has been appointed;

(7) “Party” means the respondent, petitioner, guardian,

conservator, or any other person allowed by the court to participate

in a guardianship or protective proceeding;

(8) “Person”, except in the term incapacitated person or

protected person, means an individual, corporation, business trust,

estate, trust, partnership, limited liability company, association,

joint venture, public corporation, government or governmental

subdivision, agency, or instrumentality, or any other legal or

commercial entity;

(9) “Protected person” means an adult for whom a protective

order has been issued;

(10) “Protective order” means an order appointing a conservator

or other order related to management of an adult’s property;

(11) “Protective proceeding” means a judicial proceeding in

which a protective order is sought or has been issued;

(12) “Record” means information that is inscribed on a tangible

medium or that is stored in an electronic or other medium and is

retrievable in perceivable form;

Oklahoma Statutes - Title 30. Guardian and Ward

(13) “Respondent” means an adult for whom a protective order or

the appointment of a guardian is sought; and

(14) “State” means a state of the United States, the District

of Columbia, Puerto Rico, the United States Virgin Islands, a

federally recognized Indian tribe, or any territory or insular

possession subject to the jurisdiction of the United States.

Added by Laws 2010, c. 257, § 2, eff. Nov. 1, 2010.

§30-3-303. Communication between courts.

(a) A court of this state may communicate with a court in

another state concerning a proceeding arising under this act. The

court may allow the parties to participate in the communication.

Except as otherwise provided in subsection (b) of this section, the

court shall make a record of the communication. The record may be

limited to the fact that the communication occurred.

(b) Courts may communicate concerning schedules, calendars,

court records, and other administrative matters without making a

record.

Added by Laws 2010, c. 257, § 3, eff. Nov. 1, 2010.

§30-3-304. Requests between courts in guardianship or protective

proceedings.

(a) In a guardianship or protective proceeding in this state, a

court of this state may request the appropriate court of another

state to do any of the following:

(1) Hold an evidentiary hearing;

(2) Order a person in that state to produce evidence or give

testimony pursuant to procedures of that state;

(3) Order that an evaluation or assessment be made of the

respondent;

(4) Order any appropriate investigation of a person involved in

a proceeding;

(5) Forward to the court of this state a certified copy of the

transcript or other record of a hearing under paragraph (1) of this

subsection or any other proceeding, any evidence otherwise produced

under paragraph (2) of this subsection, and any evaluation or

assessment prepared in compliance with an order under paragraph (3)

or (4) of this subsection;

(6) Issue any order necessary to assure the appearance in the

proceeding of a person whose presence is necessary for the court to

make a determination, including the respondent or the incapacitated

or protected person;

(7) Issue an order authorizing the release of medical,

financial, criminal, or other relevant information in that state,

including protected health information as defined in 45 C.F.R.

Section 164.504, as amended.

Oklahoma Statutes - Title 30. Guardian and Ward

(b) If a court of another state in which a guardianship or

protective proceeding is pending requests assistance of the kind

provided in subsection (a) of this section, a court of this state

has jurisdiction for the limited purpose of granting the request or

making reasonable efforts to comply with the request.

Added by Laws 2010, c. 257, § 4, eff. Nov. 1, 2010.

§30-3-305. Testimony of a witness located in another state.

(a) In a guardianship or protective proceeding, in addition to

other procedures that may be available, testimony of a witness who

is located in another state may be offered by deposition or other

means allowable in this state for testimony taken in another state.

The court on its own motion may order that the testimony of a

witness be taken in another state and may prescribe the manner in

which and the terms upon which the testimony is to be taken.

(b) In a guardianship or protective proceeding, a court in this

state may permit a witness located in another state to be deposed or

to testify by telephone or audiovisual or other electronic means. A

court of this state shall cooperate with the court of the other

state in designating an appropriate location for the deposition or

testimony.

court of this state by technological means that do not produce an

original writing may not be excluded from evidence on an objection

based on the best evidence rule.

Added by Laws 2010, c. 257, § 5, eff. Nov. 1, 2010.

§30-3-306. Definitions - Applicability.

(a) In this article:

(1) “Emergency” means a circumstance that likely will result in

substantial harm to a respondent’s health, safety, or welfare, and

for which the appointment of a guardian is necessary because no

other person has authority and is willing to act on the respondent’s

behalf;

(2) “Home state” means the state in which the respondent was

physically present, including any period of temporary absence, for

at least six (6) consecutive months immediately before the filing of

a petition for a protective order or the appointment of a guardian;

or if none, the state in which the respondent was physically

present, including any period of temporary absence, for at least six

(6) consecutive months ending within the six (6) months prior to the

filing of the petition; and

(3) “Significant-connection state” means a state, other than

the home state, with which a respondent has a significant connection

other than mere physical presence and in which substantial evidence

concerning the respondent is available.

Oklahoma Statutes - Title 30. Guardian and Ward

(b) In determining under Section 8 and subsection (e) of

Section 15 of this act whether a respondent has a significant

connection with a particular state, the court shall consider:

(1) The location of the respondent’s family and other persons

required to be notified of the guardianship or protective

proceeding;

(2) The length of time the respondent at any time was

physically present in the state and the duration of any absence;

(3) The location of the respondent’s property; and

(4) The extent to which the respondent has ties to the state

such as voting registration, state or local tax return filing,

vehicle registration, driver license, social relationship, and

receipt of services.

Added by Laws 2010, c. 257, § 6, eff. Nov. 1, 2010.

§30-3-307. Jurisdictional basis for appointing a guardian or

issuing a protective order.

This article provides the exclusive jurisdictional basis for a

court of this state to appoint a guardian or issue a protective

order for an adult.

Added by Laws 2010, c. 257, § 7, eff. Nov. 1, 2010.

§30-3-308. Jurisdictional requirements for appointing a guardian or

issuing a protective order.

A court of this state has jurisdiction to appoint a guardian or

issue a protective order for a respondent if:

(1) This state is the respondent’s home state;

(2) On the date the petition is filed, this state is a

significant-connection state and:

(A) the respondent does not have a home state or a court

of the respondent’s home state has declined to

exercise jurisdiction because this state is a more

appropriate forum, or

(B) the respondent has a home state, a petition for an

appointment or order is not pending in a court of that

state or another significant-connection state, and,

before the court makes the appointment or issues the

order:

(i) a petition for an appointment or order is not

filed in the respondent’s home state,

(ii) an objection to the court’s jurisdiction is not

filed by a person required to be notified of the

proceeding, and

(iii) the court in this state concludes that it is an

appropriate forum under the factors set forth in

Section 11 of this act;

Oklahoma Statutes - Title 30. Guardian and Ward

(3) This state does not have jurisdiction under either

paragraph (1) or (2) of this subsection, the respondent’s home state

and all significant-connection states have declined to exercise

jurisdiction because this state is the more appropriate forum, and

jurisdiction in this state is consistent with the constitutions of

this state and the United States; or

(4) The requirements for special jurisdiction under Section 9

of this act are met.

Added by Laws 2010, c. 257, § 8, eff. Nov. 1, 2010.

§30-3-309. Special jurisdiction.

(a) A court of this state lacking jurisdiction under paragraphs

(1) through (3) of Section 8 of this act has special jurisdiction to

do any of the following:

(1) Appoint a guardian in an emergency for a term not to exceed

ninety (90) days for a respondent who is physically present in this

state;

(2) Issue a protective order with respect to real or tangible

personal property located in this state;

(3) Appoint a guardian or conservator for an incapacitated or

protected person for whom a provisional order to transfer the

proceeding from another state has been issued under procedures

similar to Section 15 of this act.

(b) If a petition for the appointment of a guardian in an

emergency is brought in this state and this state was not the

respondent’s home state on the date the petition was filed, the

court shall dismiss the proceeding at the request of the court of

the home state, if any, whether dismissal is requested before or

after the emergency appointment.

Added by Laws 2010, c. 257, § 9, eff. Nov. 1, 2010.

§30-3-310. Continuing jurisdiction over proceeding.

Except as otherwise provided in Section 9 of this act, a court

that has appointed a guardian or issued a protective order

consistent with this act has exclusive and continuing jurisdiction

over the proceeding until it is terminated by the court or the

appointment or order expires by its own terms.

Added by Laws 2010, c. 257, § 10, eff. Nov. 1, 2010.

§30-3-311. Factors for declining jurisdiction.

(a) A court of this state having jurisdiction under Section 8

of this act to appoint a guardian or issue a protective order may

decline to exercise its jurisdiction if it determines at any time

that a court of another state is a more appropriate forum.

(b) If a court of this state declines to exercise its

jurisdiction under subsection (a) of this section, it shall either

dismiss or stay the proceeding. The court may impose any condition

Oklahoma Statutes - Title 30. Guardian and Ward

the court considers just and proper, including the condition that a

petition for the appointment of a guardian or issuance of a

protective order be filed promptly in another state.

court shall consider all relevant factors, including:

(1) Any expressed preference of the respondent;

(2) Whether abuse, neglect, or exploitation of the respondent

has occurred or is likely to occur and which state could best

protect the respondent from the abuse, neglect, or exploitation;

(3) The length of time the respondent was physically present in

or was a legal resident of this or another state;

(4) The distance of the respondent from the court in each

state;

(5) The financial circumstances of the respondent’s estate;

(6) The nature and location of the evidence;

(7) The ability of the court in each state to decide the issue

expeditiously and the procedures necessary to present evidence;

(8) The familiarity of the court of each state with the facts

and issues in the proceeding; and

(9) If an appointment were made, the court’s ability to monitor

the conduct of the guardian or conservator.

Added by Laws 2010, c. 257, § 11, eff. Nov. 1, 2010.

§30-3-312. Jurisdiction acquired through unjustifiable conduct.

(a) If at any time a court of this state determines that it

acquired jurisdiction to appoint a guardian or issue a protective

order because of unjustifiable conduct, the court may:

(1) Decline to exercise jurisdiction;

(2) Exercise jurisdiction for the limited purpose of fashioning

an appropriate remedy to ensure the health, safety, and welfare of

the respondent or the protection of the respondent’s property or

prevent a repetition of the unjustifiable conduct, including staying

the proceeding until a petition for the appointment of a guardian or

issuance of a protective order is filed in a court of another state

having jurisdiction; or

(3) Continue to exercise jurisdiction after considering:

(A) the extent to which the respondent and all persons

required to be notified of the proceedings have

acquiesced in the exercise of the court’s

jurisdiction;

(B) whether it is a more appropriate forum than the court

of any other state under the factors set forth in

subsection (c) of Section 11 of this act; and

jurisdiction under factual circumstances in

substantial conformity with the jurisdictional

standards of Section 8 of this act.

Oklahoma Statutes - Title 30. Guardian and Ward

(b) If a court of this state determines that it acquired

jurisdiction to appoint a guardian or issue a protective order

because a party seeking to invoke its jurisdiction engaged in

unjustifiable conduct, it may assess against that party necessary

and reasonable expenses, including attorney fees, investigative

fees, court costs, communication expenses, witness fees and

expenses, and travel expenses. The court may not assess fees,

costs, or expenses of any kind against this state or a governmental

subdivision, agency, or instrumentality of this state unless

authorized by law other than this act.

Added by Laws 2010, c. 257, § 12, eff. Nov. 1, 2010.

§30-3-313. Notice of petition in home state of respondent.

If a petition for the appointment of a guardian or issuance of a

protective order is brought in this state and this state was not the

respondent’s home state on the date the petition was filed, in

addition to complying with the notice requirements of this state,

notice of the petition shall be given to those persons who would be

entitled to notice of the petition if a proceeding were brought in

the respondent’s home state. The notice shall be given in the same

manner as notice is required to be given in this state.

Added by Laws 2010, c. 257, § 13, eff. Nov. 1, 2010.

§30-3-314. Rules for filing of petitions in multiple states.

Except for a petition for the appointment of a guardian in an

emergency or issuance of a protective order limited to property

located in this state under paragraph (1) or (2) of subsection (a)

of Section 9 of this act, if a petition for the appointment of a

guardian or issuance of a protective order is filed in this state

and in another state and neither petition has been dismissed or

withdrawn, the following rules apply:

(1) If the court in this state has jurisdiction under Section 8

of this act, it may proceed with the case unless a court in another

state acquires jurisdiction under provisions similar to Section 8 of

this act before the appointment or issuance of the order.

(2) If the court in this state does not have jurisdiction under

Section 8 of this act, whether at the time the petition is filed or

at any time before the appointment or issuance of the order, the

court shall stay the proceeding and communicate with the court in

the other state. If the court in the other state has jurisdiction,

the court in this state shall dismiss the petition unless the court

in the other state determines that the court in this state is a more

appropriate forum.

Added by Laws 2010, c. 257, § 14, eff. Nov. 1, 2010.

§30-3-315. Transfer of guardianship or conservatorship Notification of petition.

Oklahoma Statutes - Title 30. Guardian and Ward

(a) A guardian or conservator appointed in this state may

petition the court to transfer the guardianship or conservatorship

to another state.

(b) Notice of a petition under subsection (a) of this section

shall be given to the persons that would be entitled to notice of a

petition in this state for the appointment of a guardian or

conservator.

conservator, the incapacitated or protected person, or other person

required to be notified of the petition, the court shall hold a

hearing on a petition filed pursuant to subsection (a) of this

section.

(d) The court shall issue an order provisionally granting a

petition to transfer a guardianship and shall direct the guardian to

petition for guardianship in the other state if the court is

satisfied that the guardianship will be accepted by the court in the

other state and the court finds that:

(1) The incapacitated person is physically present in or is

reasonably expected to move permanently to the other state;

(2) An objection to the transfer has not been made or, if an

objection has been made, the objector has not established that the

transfer would be contrary to the interests of the incapacitated

person; and

(3) Plans for care and services for the incapacitated person in

the other state are reasonable and sufficient.

(e) The court shall issue a provisional order granting a

petition to transfer a conservatorship and shall direct the

conservator to petition for conservatorship in the other state if

the court is satisfied that the conservatorship will be accepted by

the court of the other state and the court finds that:

(1) The protected person is physically present in or is

reasonably expected to move permanently to the other state, or the

protected person has a significant connection to the other state

considering the factors in subsection (b) of Section 6 of this act;

(2) An objection to the transfer has not been made or, if an

objection has been made, the objector has not established that the

transfer would be contrary to the interests of the protected person;

and

(3) Adequate arrangements will be made for management of the

protected person’s property.

(f) The court shall issue a final order confirming the transfer

and terminating the guardianship or conservatorship upon its receipt

of:

(1) A provisional order accepting the proceeding from the court

to which the proceeding is to be transferred which is issued under

provisions similar to Section 16 of this act; and

Oklahoma Statutes - Title 30. Guardian and Ward

(2) The documents required to terminate a guardianship or

conservatorship in this state.

Added by Laws 2010, c. 257, § 15, eff. Nov. 1, 2010.

§30-3-316. Confirmation of transfer of guardianship or

conservatorship.

(a) To confirm transfer of a guardianship or conservatorship

transferred to this state under provisions similar to Section 15 of

this act, the guardian or conservator shall petition the court in

this state to accept the guardianship or conservatorship. The

petition shall include a certified copy of the other state’s

provisional order of transfer.

(b) Notice of a petition under subsection (a) of this section

shall be given to those persons that would be entitled to notice if

the petition were a petition for the appointment of a guardian or

issuance of a protective order in both the transferring state and

this state. The notice shall be given in the same manner as notice

is required to be given in this state.

conservator, the incapacitated or protected person, or other person

required to be notified of the proceeding, the court shall hold a

hearing on a petition filed pursuant to subsection (a) of this

section.

(d) The court shall issue an order provisionally granting a

petition filed under subsection (a) of this section unless:

(1) An objection is made and the objector establishes that

transfer of the proceeding would be contrary to the interests of the

incapacitated or protected person; or

(2) The guardian or conservator is ineligible for appointment

in this state.

(e) The court shall issue a final order accepting the

proceeding and appointing the guardian or conservator as guardian or

conservator in this state upon its receipt from the court from which

the proceeding is being transferred of a final order issued under

provisions similar to Section 15 of this act transferring the

proceeding to this state.

(f) Not later than ninety (90) days after issuance of a final

order accepting transfer of a guardianship or conservatorship, the

court shall determine whether the guardianship or conservatorship

needs to be modified to conform to the law of this state.

(g) In granting a petition under this section, the court shall

recognize a guardianship or conservatorship order from the other

state, including the determination of the incapacitated or protected

person’s incapacity and the appointment of the guardian or

conservator.

(h) The denial by a court of this state of a petition to accept

a guardianship or conservatorship transferred from another state

Oklahoma Statutes - Title 30. Guardian and Ward

does not affect the ability of the guardian or conservator to seek

appointment as guardian or conservator in this state under Section

3-101 of Title 30 of the Oklahoma Statutes if the court has

jurisdiction to make an appointment other than by reason of the

provisional order of transfer.

Added by Laws 2010, c. 257, § 16, eff. Nov. 1, 2010.

§30-3-317. Registration of out-of-state guardianship order.

If a guardian has been appointed in another state and a petition

for the appointment of a guardian is not pending in this state, the

guardian appointed in the other state, after giving notice to the

appointing court of an intent to register, may register the

guardianship order in this state by filing as a foreign judgment in

a court, in any appropriate county of this state, certified copies

of the order and letters of office.

Added by Laws 2010, c. 257, § 17, eff. Nov. 1, 2010.

§30-3-318. Registration of out-of-state protective order.

If a conservator has been appointed in another state and a

petition for a protective order is not pending in this state, the

conservator appointed in the other state, after giving notice to the

appointing court of an intent to register, may register the

protective order in this state by filing as a foreign judgment in a

court of this state, in any county in which property belonging to

the protected person is located, certified copies of the order and

letters of office and of any bond.

Added by Laws 2010, c. 257, § 18, eff. Nov. 1, 2010.

§30-3-319. Use of authorized powers.

(a) Upon registration of a guardianship or protective order

from another state, the guardian or conservator may exercise in this

state all powers authorized in the order of appointment except as

prohibited under the laws of this state, including maintaining

actions and proceedings in this state and, if the guardian or

conservator is not a resident of this state, subject to any

conditions imposed upon nonresident parties.

(b) A court of this state may grant any relief available under

this act and other law of this state to enforce a registered order.

Added by Laws 2010, c. 257, § 19, eff. Nov. 1, 2010.

§30-3-320. Applying and construing the act.

In applying and construing this uniform act, consideration must

be given to the need to promote uniformity of the law with respect

to its subject matter among states that enact it.

Added by Laws 2010, c. 257, § 20, eff. Nov. 1, 2010.

Oklahoma Statutes - Title 30. Guardian and Ward

§30-3-321. Relation to Electronic Signatures in Global and National

Commerce Act.

This act modifies, limits, and supersedes the federal Electronic

Signatures in Global and National Commerce Act, 15 U.S.C. Section

7001, et seq., but does not modify, limit, or supersede Section

101(c) of that act, 15 U.S.C. Section 7001(c), or authorize

electronic delivery of any of the notices described in Section

103(b) of that act, 15 U.S.C. Section 7003(b).

Added by Laws 2010, c. 257, § 21, eff. Nov. 1, 2010.

§30-3-322. Application of act.

(a) This act applies to guardianship and protective proceedings

begun on or after the effective date of this act.

(b) Articles 1, 3, and 4 and Sections 21 and 22 of this act

apply to proceedings begun before the effective date of this act,

regardless of whether a guardianship or protective order has been

issued.

Added by Laws 2010, c. 257, § 22, eff. Nov. 1, 2010.

Source: official Oklahoma text · Last verified 2026-08-27

Frequently Asked Questions About Oklahoma § 30-3

What does Oklahoma Statutes § 30-3 cover?

Section 30-3 ("Renumbered as § 1-108 of this title by Laws 1988, c. 329, §") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Oklahoma § 30-3?

A common citation format is "Oklahoma Statutes § 30-3" (Oklahoma). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Oklahoma law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.

How does Oklahoma § 30-3 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Official text of § 30-3 at the Oklahoma source

Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.

Oklahoma § 30-3 - Renumbered as § 1-108 of this title by Laws 1988, c. 329, §

§ 30-3. Renumbered as § 1-108 of this title by Laws 1988, c. 329, §

Related Oklahoma Legal Topics

Frequently Asked Questions About Oklahoma § 30-3

What does Oklahoma Statutes § 30-3 cover?

How do I cite Oklahoma § 30-3?

Is this the official text of Oklahoma law?

How does Oklahoma § 30-3 apply to my situation?

Sources & Verification