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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 30, § 30-3-101: Petition for appointment of guardian

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Where this section sits in the code
  1. OK Code
  2. Title 30

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

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.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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