{"data":{"id":"us-ok/okla.-stat.-tit.-30-30-3-106","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 30, § 30-3-106","heading":"Rights of individual alleged to be or found to be","body":"incapacitated or partially incapacitated - Confidentiality - Relief\n\nfrom costs and fees - Record.\n\nA. In all hearings conducted pursuant to Article III of the\n\nOklahoma Guardianship and Conservatorship Act, an individual who is\n\nalleged to be or found to be an incapacitated or partially\n\nincapacitated person shall have a right to:\n\n1. Notice as provided in Section 3-110 of this title;\n\n2. Be present at such hearings;\n\n3. Compel the attendance of witnesses;\n\n4. Present evidence;\n\n5. Cross-examine witnesses;\n\n6. Appeal adverse orders and judgments as provided by the rules\n\nof civil procedure;\n\n7. Representation by court-appointed counsel upon request; and\n\n8. Request that the proceedings be closed to the public.\n\nB. The requirement of notice to the subject of the proceeding\n\nshall not be waived. The requirement that the subject of the\n\nproceeding be present at a hearing may be waived only for good cause\n\nshown. The court shall make inquiries to determine whether there is\n\nsufficient cause to waive the right to be present. Whenever the\n\nrequirement that the subject of the proceeding be present is waived,\n\nthe court shall make a finding on the record as to the reason the\n\nsubject of the proceeding is not present at the proceeding and the\n\nalternatives which were considered to enable the subject of the\n\nproceeding to be present.\n\nC. Any person may apply for permission to participate in a\n\nproceeding or to be admitted to a proceeding which has been closed\n\nto the public. The court may grant the request to participate upon\n\ndetermining that the best interest of the subject of the proceeding\n\nwill be served thereby. The court may, for good cause shown, grant\n\nthe request of such person for permission to be admitted to the\n\nclosed proceeding upon determining that said person has a legitimate\n\ninterest in the proceedings. In granting either request, the court\n\nmay impose any appropriate conditions it deems necessary.\n\nD. If the subject of the proceeding is under the influence of\n\npsychotropic medication, during any judicial hearing held pursuant\n\nto the Oklahoma Guardianship and Conservatorship Act, the court\n\nshall be advised of this fact, the purpose of the medication, and\n\nthe effect which it may have on the individual's actions, demeanor\n\nand participation at the hearing.\n\nE. Statements of individuals alleged or found to be partially\n\nincapacitated or incapacitated persons made during the course of the\n\nevaluations, examinations and treatment pursuant to the Oklahoma\n\nGuardianship and Conservatorship Act shall be privileged and\n\nconfidential. Such statements shall not be admissible without the\n\nindividual's consent in any civil or criminal proceeding other than\n\na proceeding held pursuant to the Oklahoma Guardianship and\n\nConservatorship Act.\n\nF. A party to a proceeding held pursuant to the Oklahoma\n\nGuardianship and Conservatorship Act may be relieved of court costs\n\nand filing fees as specified by Section 152 of Title 28 of the\n\nOklahoma Statutes or as provided by Section 192 of Title 56 of the\n\nOklahoma Statutes.\n\nG. At the request of any party to a proceeding pursuant to the\n\nprovisions of the Oklahoma Guardianship and Conservatorship Act, the\n\ncourt shall order that a stenographic or mechanical record of the\n\nproceeding be made.","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":"d8f001fc1aa1773a60c714b344ce57e5a7e3001f45428ff7510f13b650513207","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-30-30-3-105","next":"us-ok/okla.-stat.-tit.-30-30-3-106.1"},"notice":"GroundRules: Original legal text. Not legal advice."}