{"data":{"id":"us-ok/okla.-stat.-tit.-30-30-4-105","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 30, § 30-4-105","heading":"Inquiry into suitability of person proposed to serve as","body":"guardian\n\nA. In conducting an inquiry to determine whether a person is\n\nsuitable to serve as a guardian, the court shall determine if:\n\n1. The person proposed to serve as guardian is a minor or an\n\nincapacitated or partially incapacitated person;\n\n2. The person proposed to serve as guardian and each adult\n\nmember of the proposed guardian's household has a record of a\n\ncriminal conviction, protective order, or pending criminal charge.\n\nWhen requested by the court, the petitioner shall present to the\n\ncourt an Oklahoma State Bureau of Investigation (OSBI) criminal\n\nbackground check for the proposed guardian and any adult household\n\nmember evidencing no record of a criminal conviction in the OSBI\n\ncriminal history repository based on the search criteria provided.\n\nThe petitioner shall disclose the case name and status of any civil\n\nor criminal matter in state or federal court involving the proposed\n\nguardian or any adult household member of the proposed guardian;\n\n3. The person proposed to serve as guardian is insolvent or has\n\ndeclared bankruptcy during five (5) years prior to the filing of the\n\npleading proposing such person to serve as guardian;\n\n4. The person proposed to serve as guardian is under any\n\nfinancial obligation to the ward; or\n\n5. There exists a conflict of interest which would preclude or\n\nbe substantially detrimental to the ability of the person to act in\n\nthe best interest of the subject of the proceeding if such person is\n\nappointed.\n\nB. No minor or incapacitated person shall be appointed guardian\n\nof an incapacitated or partially incapacitated person.\n\nC. If the person proposed to serve has a criminal conviction,\n\nprotective order, pending criminal charge, or other civil or\n\ncriminal matter in state or federal court, the court shall make\n\nfurther inquiry into the nature of such conviction, order, charge or\n\nmatter and the surrounding circumstances. The court shall appoint\n\nsuch person proposed to serve only upon determining that the facts\n\nunderlying the circumstances do not give rise to a reasonable belief\n\nthat the person proposed to serve will be unfaithful to or\n\nneglectful of the fiduciary and care responsibilities of the\n\nguardian, and that the appointment is in the best interest of the\n\nward.\n\nD. If the person proposed to serve as guardian or limited\n\nguardian of the property of an incapacitated or partially\n\nincapacitated person is insolvent or has declared bankruptcy within\n\nfive (5) years prior to the filing of the pleading proposing that\n\nsuch person serve, the court shall appoint such person only after\n\ngiving due consideration to the nature and extent of the property of\n\nthe ward and the anticipated actions necessary to manage the estate\n\nof the ward, and only upon a determination that such appointment is\n\nin the best interest of the ward. Insolvency or bankruptcy shall\n\nhave no effect on the qualification of a person proposed to serve as\n\nguardian or limited guardian of the person of an incapacitated or\n\npartially incapacitated person.\n\nE. If the person proposed to serve as guardian or limited\n\nguardian of the property of an incapacitated or partially\n\nincapacitated person is under any financial obligation to the ward,\n\nthe court shall make further inquiry into the nature and extent of\n\nsuch obligation. The court shall appoint the person proposed to\n\nserve only after a determination that such obligation will not\n\nimpair the ability of the person proposed to serve to discharge the\n\nperson's fiduciary responsibilities, and that the appointment is in\n\nthe best interest of the ward. Being under financial obligation to\n\nthe ward shall have no effect on the qualification of a person\n\nproposed to serve as guardian or limited guardian of the person of\n\nan incapacitated or partially incapacitated person.\n\nF. A current or potential conflict of interest which is not\nnd that the appointment is in\n\nthe best interest of the ward. Being under financial obligation to\n\nthe ward shall have no effect on the qualification of a person\n\nproposed to serve as guardian or limited guardian of the person of\n\nan incapacitated or partially incapacitated person.\n\nF. A current or potential conflict of interest which is not\n\nsubstantial and not likely to preclude or impair the ability of a\n\nperson proposed to serve as a guardian acting in the best interest\n\nof the person's ward shall not, by itself, disqualify such person\n\nfrom appointment.\n\nG. Only a person who is a citizen or legal resident of or\n\nlegally present in the United States of America shall be eligible to\n\nbe appointed guardian of the property or person of a minor or an\n\nincapacitated or partially incapacitated person by the courts of\n\nthis state, unless the court determines that there are no such\n\nqualified individuals available to serve as guardian and that it is\n\nin the best interest of the minor or incapacitated or partially\n\nincapacitated person to appoint a person without such\n\nqualifications.","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":"546e1737c86573922fb2888a181b9cf499ce2cab7dd25f1bcbbbf9937ada593b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-30-30-4-104","next":"us-ok/okla.-stat.-tit.-30-30-4-201"},"notice":"GroundRules: Original legal text. Not legal advice."}