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

Okla. Stat. tit. 30, § 30-3-106: Rights of individual alleged to be or found to be

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

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.

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.

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

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