{"data":{"id":"us-ok/okla.-stat.-tit.-30-30-3-107","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 30, § 30-3-107","heading":"Appointment of counsel - Explanation and inquiry by","body":"court - Replacement of appointed counsel - Determination of\n\nindependence of retained counsel - Record.\n\nA. If at or prior to a hearing on a petition alleging a person\n\nto be an incapacitated or partially incapacitated person, or if at\n\nany point in the course of a proceeding pursuant to said petition,\n\nthe subject of the proceeding is not represented by counsel, the\n\ncourt may appoint an attorney as provided in this section, and the\n\ncourt may at any time subsequent to the filing of said petition\n\nappoint a guardian ad litem to assist the court in making a\n\ndetermination as to whether or not an attorney should be appointed\n\nfor the subject of the proceeding. Where available, an attorney\n\nappointed by the court may be a public defender.\n\nB. If the subject of the proceeding is present at the hearing\n\non the petition and is not represented by counsel at said hearing:\n\n1. The court shall explain on the record:\n\na. the purpose and potential consequences of the\n\nproceeding; and\n\nb. the right to be represented by counsel upon request\n\nand that if the subject of the proceeding wishes to be\n\nrepresented by counsel, the court will appoint an\n\nattorney to represent the subject of the proceeding at\n\nthe hearing on the petition.\n\n2. Following such explanation the court shall inquire of the\n\nsubject of the proceeding whether he wishes to have an attorney\n\nappointed.\n\na. If the subject of the proceeding requests the\n\nappointment of an attorney, the court shall appoint an\n\nattorney.\n\nb. If the subject of the proceeding does not request the\n\nappointment of an attorney and the court is in doubt\n\nas to whether the subject of the proceeding is capable\n\nof making an informed decision regarding the\n\nappointment of an attorney and the court determines\n\nthat it is in the best interest of the subject of the\n\nproceeding to be represented by counsel, the court\n\nshall appoint an attorney for the subject of the\n\nproceeding, or if the court determines that the\n\nappointment of counsel is not in the best interest of\n\nthe subject of the proceeding, the court shall not\n\nappoint an attorney.\n\nc. If the subject of the proceeding does not request the\n\nappointment of an attorney and the court determines\n\nthat the subject of the proceeding is capable of\n\nmaking an informed decision regarding the appointment\n\nof an attorney, the court shall not appoint an\n\nattorney.\n\n3. The court may make the explanation and inquiry required by\n\nthis subsection, regarding the purpose and potential consequences of\n\nthe proceeding and the appointment of an attorney, prior to the\n\nhearing on the petition. At the hearing on the petition the court\n\nshall include on the record the facts related to said explanation\n\nand inquiry, the determinations made by the court with respect\n\nthereto and the reasons for such determinations.\n\nC. If the subject of the proceeding is not present at the\n\nhearing on a petition alleging him to be an incapacitated or\n\npartially incapacitated person and is not represented by counsel and\n\nthe court has not made the explanation and inquiry as provided by\n\nparagraph 3 of subsection B of this section, the court shall make\n\nsufficient inquiry to determine affirmatively whether it would be in\n\nthe best interest of the subject of the proceeding to appoint\n\ncounsel to represent the subject of the proceeding at the hearing on\n\nthe petition.\n\n1. If the court determines that it is in the best interest of\n\nthe subject of the proceeding to be represented by counsel, the\n\ncourt shall appoint an attorney.\n\n2. If the court determines that the appointment of counsel is\n\nnot in the best interest of the subject of the proceeding, the court\n\nshall not appoint an attorney.\n\nD. Whenever the court determines that the appointment of\n\ncounsel is not in the best interests of the subject of the\n\nproceeding, or if the subject of the proceeding does not request the\ne court determines that the appointment of counsel is\n\nnot in the best interest of the subject of the proceeding, the court\n\nshall not appoint an attorney.\n\nD. Whenever the court determines that the appointment of\n\ncounsel is not in the best interests of the subject of the\n\nproceeding, or if the subject of the proceeding does not request the\n\nappointment of an attorney and the court determines that the subject\n\nof the proceeding is capable of making an informed decision\n\nregarding the appointment of counsel, the court shall explain on the\n\nrecord the reason for such determination.\n\nE. 1. If an attorney is appointed, the court shall delay the\n\nhearing on the petition only for the period of time necessary for\n\nthe attorney to prepare the case for the hearing but in no event\n\nless than five (5) days after such appointment.\n\n2. The attorney appointed by the court shall be replaced by\n\nanother attorney if:\n\na. the subject of the proceeding prefers the services of\n\nan attorney other than the one initially appointed for\n\nhim;\n\nb. the preferred attorney agrees to accept the\n\nresponsibility; and\n\nc. the subject of the proceeding or the attorney whom he\n\nprefers notifies the court of the preference and the\n\nattorney's acceptance of employment.\n\n3. An attorney appointed pursuant to this section shall contact\n\nthe subject of the proceeding promptly after receiving notification\n\nof his appointment. An attorney appointed pursuant to the\n\nprovisions of this section shall be compensated pursuant to the\n\nprovisions of Section 4-403 of this title.\n\nF. 1. Except as provided by paragraph 2 of this subsection or\n\nas otherwise ordered by the court, the responsibility of an attorney\n\nappointed pursuant to the provisions of this section ceases upon the\n\nappointment of a guardian or limited guardian of the subject of the\n\nproceeding or when a determination not to appeal the decision is\n\nmade. The court may appoint an attorney to represent a ward at any\n\nsubsequent proceeding.\n\n2. Whenever there is an appeal of a decision made subsequent to\n\na hearing on a petition requesting the appointment of a guardian or\n\nlimited guardian, the responsibility of an attorney appointed\n\npursuant to this subsection continues with respect to the appeal\n\nuntil the conclusion of the appeal proceedings. Upon application of\n\nthe attorney, the court may allow the attorney to withdraw from the\n\ncase and shall appoint another attorney to represent the subject of\n\nthe proceeding in any appeal proceedings.\n\nG. In all cases where independent counsel is retained by or on\n\nbehalf of the subject of the proceeding, the court shall make\n\nindependent inquiry to determine whether counsel is independent and\n\nwhether any conflict of interest exists which would preclude proper\n\nrepresentation of the subject of the proceeding or which would be\n\ndetrimental to the best interest of the subject of the proceeding.\n\nThe court shall appoint other counsel where retained counsel is\n\nfound not to be independent.\n\nH. Proceedings brought pursuant to the provisions of this\n\nsection shall be made a part of the record in the guardianship\n\nproceeding.","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":"862f23b3e719e8a1a0671e520870a26d35017b1aac111cae3253b3ed0091a0ce","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-30-30-3-106.1","next":"us-ok/okla.-stat.-tit.-30-30-3-108"},"notice":"GroundRules: Original legal text. Not legal advice."}