{"data":{"id":"us-ok/okla.-stat.-tit.-30-30-3-104","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 30, § 30-3-104","heading":"Priorities for selection by court of guardian or limited","body":"guardian - Appointment of organization - Determination of\n\nsuitability - Appointment of public agency.\n\nA. The following priorities shall guide the selection by the\n\ncourt of a guardian or limited guardian of an incapacitated or\n\npartially incapacitated person from among those eligible:\n\n1. The individual or individuals nominated by the subject of\n\nthe proceeding pursuant to Section 3-102 of this title;\n\n2. The current guardian or limited guardian appointed or\n\nrecognized by the appropriate court of any other jurisdiction in\n\nwhich the incapacitated or partially incapacitated person resides;\n\n3. An individual nominated by the will or by other writing of a\n\ndeceased parent, spouse, or an adult child who was serving as the\n\nguardian or limited guardian of the subject of the proceeding;\n\n4. The spouse of the subject of the proceeding;\n\n5. An adult child of the subject of the proceeding;\n\n6. A parent of the subject of the proceeding;\n\n7. A sibling of the subject of the proceeding;\n\n8. Any individual approved by the court with whom the subject\n\nof the proceeding has been living for more than six (6) months prior\n\nto the filing of the petition. Provided that any owner, operator,\n\nadministrator or employee of a facility subject to the provisions of\n\nthe Nursing Home Care Act, the Residential Home Care Act or the\n\nGroup Homes for the Developmentally Disabled or Physically\n\nHandicapped Persons Act shall not be appointed guardian or limited\n\nguardian of a resident of such facility unless the owner, operator,\n\nadministrator or employee is the spouse of the resident, or a\n\nrelative of the resident within the second degree of consanguinity\n\nand is otherwise eligible for appointment; or\n\n9. If applicable, an individual volunteer qualified for\n\nappointment as a guardian of a veteran pursuant to the Veterans\n\nVolunteer Guardianship Act.\n\nB. When the guardian or limited guardian of an incapacitated or\n\npartially incapacitated person is the guardian of property only, the\n\ncourt may appoint an organization which is eligible to manage the\n\nfinancial resources of an individual and has fiduciary powers, or\n\nits successor in interest, when:\n\n1. Such organization is nominated by the subject of the\n\nproceeding pursuant to Section 3-102 of this title;\n\n2. Such organization is nominated by a person eligible to make\n\nsuch nomination pursuant to Section 3-103 of this title; or\n\n3. The appointment of such organization is in the best interest\n\nof the subject of the proceeding.\n\nC. The court shall make reasonable inquiry to determine whether\n\nthe person or organization proposed to serve as the guardian or\n\nlimited guardian of an incapacitated or partially incapacitated\n\nperson is suitable and will exercise the powers and carry out the\n\nduties and responsibilities of guardian or limited guardian in the\n\nbest interest of the ward. The court shall also inquire of the\n\nproposed guardian of the person of the ward as to how the guardian\n\nproposes to provide for the care of the ward, and of the proposed\n\nguardian of the estate of the ward as to how the guardian proposes\n\nto manage the property of the ward and to provide for the ward's\n\nfinancial care. The court shall make such orders with respect\n\nthereto as the court deems to be for the best interest of the ward.\n\nD. A public agency shall not be appointed to serve as guardian\n\nfor an adult except as provided in Section 1415 of Title 10 and\n\nSection 10-108 of Title 43A of the Oklahoma Statutes.","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":"11d580ee356546ed897c573389d152cb4b960c84374010265738b48572f22ef4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-30-30-3-103","next":"us-ok/okla.-stat.-tit.-30-30-3-105"},"notice":"GroundRules: Original legal text. Not legal advice."}