{"data":{"id":"us-ok/okla.-stat.-tit.-30-30-3-115","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 30, § 30-3-115","heading":"Appointment of special guardian - Powers - Duration -","body":"Bond - Removal.\n\nA. The court may appoint a special guardian for a person who\n\nappears to be or has been found to be an incapacitated or partially\n\nincapacitated person when it appears:\n\n1. There is imminent danger that the health or safety of said\n\nperson will be seriously impaired or that the financial resources of\n\nsaid person will be seriously damaged or dissipated unless immediate\n\naction is taken; and\n\n2. No other person appears to have authority to act in the\n\ncircumstances or the guardian previously appointed is unable to or\n\nrefuses to take action.\n\nB. The request for appointment of a special guardian may be\n\nincluded in the petition to appoint a guardian or by separate\n\npetition, either of which must be verified.\n\nC. The court may appoint an attorney, separate and apart from\n\nthe petitioner's attorney, for the subject of the proceeding who\n\ndoes not have legal representation and either cannot afford a\n\nprivate attorney or cannot retain counsel due to incapacity and may\n\nproceed to hear the petition as same pertains to appointment of a\n\nspecial guardian with or without notice. If notice is required, the\n\nnotice shall set a time for hearing on the petition within seventy-\n\ntwo (72) hours. Notice shall be served on:\n\n1. The subject of the proceeding;\n\n2. The attorney of the subject of the proceeding, if any;\n\n3. The spouse of the subject of the proceeding, if any, and if\n\nthe spouse is not the petitioner; and\n\n4. At least one other adult relative of the subject of the\n\nproceeding or any other person who is not the petitioner, as\n\ndirected by the court.\n\nNotice shall be personally served in the manner as the court directs\n\non the subject of the proceeding and on other persons receiving\n\nnotice as directed by the court.\n\nD. The court may without notice appoint a special guardian upon\n\nthe filing of the petition, upon presentation of evidence of the\n\nincapacity of the subject of the proceeding, upon a showing that an\n\nimmediate or reasonably foreseeable serious physical harm to the\n\nsubject of the proceeding or serious impairment of the financial\n\nresources of said person will result from a delay, and upon\n\npresentation of a proposed emergency plan of care for the subject of\n\nthe proceeding. Whenever a special guardian is immediately\n\nappointed as provided by this subsection, the court shall cause a\n\ncopy of the petition, order and letters of special guardianship to\n\nbe served on:\n\n1. The subject of the proceeding;\n\n2. The spouse of the subject of the proceeding, if any, if the\n\nspouse is not the petitioner; and\n\n3. At least one other adult relative of the subject of the\n\nproceeding, if such relative is known or can be ascertained with\n\nreasonable diligence, or by any other person who is not the\n\npetitioner, as directed by the court.\n\nThe notice shall be served in the manner the court directs.\n\nE. The court shall grant the special guardian only those powers\n\nnecessary to act with respect to the particular emergency, as\n\ndetermined by the court. The special guardian shall be granted only\n\npowers to accomplish acts that are both supported by the proposed\n\nemergency plan of care and found necessary by the court. Power to\n\nchange the place of residence of the subject of the proceeding shall\n\nbe specifically granted by the court upon a showing that the needs\n\nof the subject of the proceeding cannot be met within such subject's\n\npresent residential arrangements. The court's approval shall be\n\nrequired for any changes in either the emergency plan of care or the\n\nspecified powers of the special guardian. The letters for a special\n\nguardian shall state that the person is a special guardian, the date\n\nof the expiration of the special guardianship, and the specific\n\npower or powers of the special guardian.\n\nF. The appointment of a special guardian shall be effective\n\nfrom the date of appointment until a guardian is appointed pursuant\nency plan of care or the\n\nspecified powers of the special guardian. The letters for a special\n\nguardian shall state that the person is a special guardian, the date\n\nof the expiration of the special guardianship, and the specific\n\npower or powers of the special guardian.\n\nF. The appointment of a special guardian shall be effective\n\nfrom the date of appointment until a guardian is appointed pursuant\n\nto Section 1-112 of this title, or for thirty (30) days, whichever\n\nis less.\n\nG. The court shall not require bond if the appointment is over\n\nthe person only, and may require or waive bond if the appointment is\n\nas to the property of the ward.\n\nH. The authority of any guardian or limited guardian previously\n\nappointed by the court is suspended with regard to the powers\n\ngranted to the special guardian, but not otherwise, for as long as a\n\nspecial guardian has authority as provided by this section.\n\nI. The court may remove a special guardian at any time. The\n\nspecial guardian shall file a report showing all actions taken\n\nduring the special guardianship and shall make any other report the\n\ncourt requires.","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":"41f65fde608890b255d8f5bcabd21e6f489b6aba62b5679db6e014f8666437ce","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-30-30-3-114","next":"us-ok/okla.-stat.-tit.-30-30-3-116"},"notice":"GroundRules: Original legal text. Not legal advice."}