Oklahoma § 60-361 - Absentees, who are - Authority to appoint conservator Notice of hearing - Production of official statement

§ 60-361. Absentees, who are - Authority to appoint conservator Notice of hearing - Production of official statement

A person hereinafter referred to as an "absentee" is one missing

from his usual place of residence and his address is unknown by his

family or those who, in the ordinary course of events, would be

expected to know his whereabouts and has been continuously absent

and unheard of for a period of six (6) months or longer, and is

presumed missing and incapable or unable to manage his affairs or

property or by permission, assignment or direction of any department

or official of the United States in connection with any activity

pertaining to or connected with the prosecution of any war in which

the United States is then engaged, who has been reported or listed

for a period not less than three (3) months by the Department of

Defense or other department of the United States as missing, or

missing in action, or interned in a neutral country, or beleaguered,

besieged, or captured by an enemy. The judge of the district court

of the county of such absentee's last-known legal domicile upon

petition alleging the foregoing facts and showing the necessity for

providing care of the property of such absentee made, verified and

filed by any person who would be entitled to administer upon the

absentee's estate if he were dead, after causing notice to be given

Oklahoma Statutes - Title 60. Property

as hereinafter provided, may, upon good cause being shown, after

finding the facts to be as aforesaid, appoint a conservator to take

charge of the absentee's estate under the supervision and subject to

the further orders of the court, provided, however, that before any

such conservator may be appointed notice of the hearing upon the

petition shall be given as is provided by law for hearings upon

petition for appointment of administrators, and in addition thereto,

notice thereof shall be given to said absentee by publication for

two (2) consecutive weeks in a legal newspaper in the county where

said proceedings are pending, the last publication of said notice to

be at least fifteen (15) days before the hearing on said petition.

Provided, further, when the status of absentee is given by the

Department of Defense or other department of the United States a

conservator may be appointed only if there is produced at the

hearing an official statement signed by a proper official of the

United States Government that there has been no change in the status

of the absentee from the date of the first report, which statement

shall be dated not more than fifteen (15) days before said hearing

or any date to which the same may be continued by order of the

court.

Laws 1945, p. 189, § 1; Laws 1945, p. 214, § 1; Laws 1971, c. 233, §

1, eff. Oct. 1, 1971.