{"data":{"id":"us-ok/okla.-stat.-tit.-30-30-1-111","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 30, § 30-1-111","heading":"Definitions","body":"A. As used in the Oklahoma Guardianship and Conservatorship\n\nAct:\n\n1. “Abuse” means the intentional infliction of physical pain,\n\ninjury, or mental anguish or the deprivation of food, clothing,\n\nshelter or medical care to an incapacitated person, partially\n\nincapacitated person, or a minor by a guardian or other person\n\nresponsible for providing these services;\n\n2. “Confidential information” means medical records, physical,\n\npsychological or other evaluations of a ward or subject of the\n\nproceeding, initial and subsequent guardianship plans, reports of\n\nguardians, limited guardians and conservators submitted to the court\n\nin connection with a proceeding pursuant to the provisions of the\n\nOklahoma Guardianship and Conservatorship Act;\n\n3. “Court” means a judge of the district court assigned to hear\n\nprobate matters or assigned to the division of the district court\n\ndesignated to exercise probate jurisdiction;\n\n4. “Estate” means the property of the person whose affairs are\n\nsubject to a guardianship proceeding;\n\n5. “Evaluation” means a professional assessment of:\n\na. the ability of an adult to receive and evaluate\n\ninformation effectively or communicate decisions,\n\nb. the impact of any impairment of these skills on the\n\ncapacity of the individual to meet the essential\n\nrequirements for the individual’s physical health or\n\nsafety, or to manage the individual’s financial\n\nresources, and\n\nc. the services necessary to provide for the ward;\n\n6. “Exploitation” means an unjust or improper use of the\n\nresources of an incapacitated person, a partially incapacitated\n\nperson or a minor for the profit or advantage, pecuniary or\n\notherwise, of a person other than an incapacitated person, a\n\npartially incapacitated person or a minor through the use of undue\n\ninfluence, coercion, harassment, duress, deception, false\n\nrepresentation or false pretense;\n\n7. A “guardian of an incapacitated person” means a person who\n\nhas been appointed by a court to serve as the guardian of an\n\nincapacitated person to assure that the essential requirements for\n\nthe health and safety of the person are met, to manage the estate or\n\nfinancial resources of the person, or both;\n\n8. “Guardian ad litem” means, with respect to a guardianship\n\nproceeding, a person appointed by the court to assist the subject of\n\nthe proceeding in making decisions with regard to the guardianship\n\nproceeding, or to make the decisions when the subject of the\n\nproceeding is wholly incapable of making the decisions even with\n\nassistance;\n\n9. “Guardianship plan” means the plan for the care and\n\ntreatment of a ward, the plan for the management of the financial\n\nresources of a ward, or both;\n\n10. “Guardianship proceeding” means a proceeding for the\n\nappointment of a guardian, or for other orders regarding the\n\ncondition, care or treatment or for the management of the financial\n\nresources of a ward;\n\n11. “Guardianship report” means any report required by the\n\nprovisions of Sections 4-305 and 4-306 of this title;\n\n12. “Incapacitated person” means a person eighteen (18) years\n\nof age or older:\n\na. who is impaired by reason of:\n\n(1) mental illness as defined by Section 1-103 of\n\nTitle 43A of the Oklahoma Statutes,\n\n(2) intellectual or developmental disability as\n\ndefined by Section 1430.2 of Title 10 of the\n\nOklahoma Statutes,\n\n(3) physical illness or disability,\n\n(4) drug or alcohol dependency as defined by Section\n\n3-403 of Title 43A of the Oklahoma Statutes, or\n\n(5) such other similar cause, and\n\nb. whose ability to receive and evaluate information\n\neffectively or to make and to communicate responsible\n\ndecisions is impaired to such an extent that the\n\nperson:\n\n(1) lacks the capacity to meet essential requirements\n\nfor physical health or safety, or\non\n\n3-403 of Title 43A of the Oklahoma Statutes, or\n\n(5) such other similar cause, and\n\nb. whose ability to receive and evaluate information\n\neffectively or to make and to communicate responsible\n\ndecisions is impaired to such an extent that the\n\nperson:\n\n(1) lacks the capacity to meet essential requirements\n\nfor physical health or safety, or\n\n(2) is unable to manage financial resources.\n\nWhenever in the Oklahoma Statutes the term “incompetent person”\n\nappears and refers to a person who has been found by a district\n\ncourt to be an incompetent person because of an impairment or\n\ncondition described in this paragraph it shall have the same meaning\n\nas “incapacitated person” but shall not include a person who is a\n\npartially incapacitated person;\n\n13. “Least restrictive alternative” means an approach to\n\nmeeting the needs of an individual that restricts fewer rights of\n\nthe individual than would the appointment of a guardian or\n\nconservator including, but not limited to, supported decision\n\nmaking, appropriate technological assistance, appointment of a\n\nrepresentative payee and appointment of an agent by the individual\n\nincluding under a power of attorney for health care or finances;\n\n14. “Intangible personal property” means cash, stocks and\n\nbonds, mutual funds, money market accounts, certificates of deposit,\n\ninsurance contracts, commodity accounts, and other assets of a\n\nsimilar nature;\n\n15. “Letters” means a document issued by the court subsequent\n\nto the appointment of a guardian which designates the name of the\n\nguardian and specifies the authority and powers of the guardian.\n\nSuch document shall be endorsed thereon with the oath of the\n\nguardian that he or she will perform the duties of his or her office\n\nas guardian according to law;\n\n16. A “limited guardian” means a person appointed by the court\n\nto serve as the guardian of a partially incapacitated person and who\n\nis authorized by the court to exercise only:\n\na. some of the powers of a guardian of the person or\n\nwhose power as guardian of the person extends only to\n\ncertain matters pertaining to the care or control of\n\nthe ward as specified by the court, or\n\nb. certain powers as guardian of the property over the\n\nestate or financial resources of the ward, or whose\n\npowers as guardian of the property extend only to some\n\nportion of the estate or financial resources of the\n\nward;\n\n17. “Manage financial resources” or “manage the estate” means\n\nthose actions necessary to obtain, administer and dispose of real\n\nproperty, business property, benefits and income, and to otherwise\n\nmanage personal financial or business affairs;\n\n18. “Meet the essential requirements for physical health or\n\nsafety” means those actions necessary to provide the health care,\n\nfood, shelter, clothing, personal hygiene and other care without\n\nwhich serious physical injury is more likely than not to occur;\n\n19. “Minor” means a person under eighteen (18) years of age;\n\n20. “Neglect” means the failure to provide protection for an\n\nincapacitated person, a partially incapacitated person or a minor\n\nwho is unable to protect the person’s own interest; or the failure\n\nto provide adequate shelter or clothing; or the harming or\n\nthreatening with harm through action or inaction by either another\n\nindividual or through the person’s own action or inaction because of\n\na lack of awareness, incompetence or incapacity, which has resulted\n\nor may result in physical or mental injury;\n\n21. “Organization” means a corporation, trust, business trust,\n\npartnership, association or other legal entity;\n\n22. “Partially incapacitated person” means an incapacitated\n\nperson whose impairment is only to the extent that without the\n\nassistance of a limited guardian the person is unable to:\n\na. meet the essential requirements for physical health or\n\nsafety, or\n\nb. manage all of the person’s financial resources or to\ns a corporation, trust, business trust,\n\npartnership, association or other legal entity;\n\n22. “Partially incapacitated person” means an incapacitated\n\nperson whose impairment is only to the extent that without the\n\nassistance of a limited guardian the person is unable to:\n\na. meet the essential requirements for physical health or\n\nsafety, or\n\nb. manage all of the person’s financial resources or to\n\nengage in all of the activities necessary for the\n\neffective management of the person’s financial\n\nresources.\n\nA finding that an individual is a partially incapacitated person\n\nshall not constitute a finding of legal incompetence. A partially\n\nincapacitated person shall be legally competent in all areas other\n\nthan the area or areas specified by the court in its dispositional\n\nor subsequent orders. Such person shall retain all legal rights and\n\nabilities other than those expressly limited or curtailed in the\n\norders;\n\n23. “Party” means the person or entity filing a petition,\n\napplication, motion, acceptance of a testamentary nomination or\n\nobjection; the subject of a guardianship proceeding; and the\n\nguardian, the guardian ad litem and the conservator, if any such\n\npersons have been appointed;\n\n24. “Person” means an individual;\n\n25. “Property” means real property, personal property, income,\n\nany interest in such real or personal property and includes anything\n\nthat may be the subject of ownership;\n\n26. “Restrictions on the legal capacity of a person to act in\n\nthe person’s own behalf” means powers of an incapacitated or\n\npartially incapacitated person which are assigned to a guardian;\n\n27. “Subject of the proceeding” means a minor or an adult:\n\na. who is the subject of a petition requesting the\n\nappointment of a guardian, limited guardian or special\n\nguardian,\n\nb. for whom a guardian or limited guardian has been\n\nappointed by the court, or\n\nc. an adult for whom a conservator is requested or\n\nappointed;\n\n28. “Supported decision making” means assistance from one or\n\nmore persons chosen by an individual in understanding the nature and\n\nconsequences of potential personal and financial decisions to enable\n\nthe individual to make such decisions, and in communicating such\n\ndecisions if consistent with the wishes of the individual; and\n\n29. “Surcharge” means the imposition of personal liability by a\n\ncourt on a guardian or limited guardian for willful or negligent\n\nmisconduct in the administration of the estate or other financial\n\nresources of a ward.\n\nB. 1. Nothing in this section shall be construed to mean an\n\nincapacitated person, a partially incapacitated person or a minor is\n\nabused or neglected for the sole reason that a guardian or other\n\nperson responsible, in good faith, selects and depends upon\n\nspiritual means alone through prayer, in accordance with the tenets\n\nand practices of a recognized church or religious denomination, for\n\nthe treatment or cure of disease or remedial care of the person or\n\nminor in their trust, and, in the case of an adult, in accordance\n\nwith the practices of or the express consent of the incapacitated or\n\npartially incapacitated person.\n\n2. Nothing contained in this subsection shall prevent a court\n\nfrom immediately assuming custody of a minor, pursuant to the\n\nOklahoma Children’s Code, and ordering whatever action may be\n\nnecessary including medical treatment, to protect the minor’s health\n\nor welfare.","path":["OK Code","Title 30"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os30.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"6aa2391b6da183f930c5a447b630f19d312f93a32cdaafccfd32306077469fcd","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-30-30-1-110","next":"us-ok/okla.-stat.-tit.-30-30-1-112"},"notice":"GroundRules: Original legal text. Not legal advice."}