{"data":{"id":"us-ok/okla.-stat.-tit.-30-30-4-308","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 30, § 30-4-308","heading":"Application for relief - Notice - Hearing - Order -","body":"Appointment of counsel to represent ward - Joinder of separate\n\napplications or objections - Evaluation of ward - Hearing without\n\nnotice.\n\nA. After the appointment of a guardian, the ward, any person\n\ninterested in the welfare of the ward, or a guardian may make\n\napplication to the court for:\n\n1. Termination of the guardianship;\n\n2. Removal of the guardian;\n\n3. Resolution of a dispute pertaining to the guardianship plan;\n\n4. If the ward is an incapacitated or partially incapacitated\n\nperson, the imposition of additional restrictions upon the legal\n\ncapacity of the ward to act on his own behalf or the removal of one\n\nor more existing restrictions; or\n\n5. A review hearing.\n\nB. Such application shall set forth:\n\n1. The names and addresses of the individuals and entities\n\nentitled to notice;\n\n2. The relief requested; and\n\n3. The alleged facts and reasons supporting the request.\n\nC. Any person entitled to notice of the hearing on an\n\napplication filed pursuant to this section may object to the relief\n\nrequested in the application. If the ward is a minor, notice shall\n\nbe as provided by Section 2-101 of this title. If the ward is an\n\nincapacitated or partially incapacitated person, notice shall be\n\ngiven to those persons entitled to notice pursuant to paragraphs 1,\n\n2, 3 and 7 of subsection A of Section 3-110 of this title and shall\n\nbe given as provided by Section 3-110 of this title and to the\n\nattorney of the subject of the proceeding, if any, and if known to\n\nthe petitioner.\n\nD. The court shall set an application filed pursuant to this\n\nsection for hearing on a date certain and shall cause notice to be\n\ngiven to the persons entitled thereto by regular first-class mail at\n\nleast ten (10) days prior to such date. However, except for an\n\norder terminating a guardianship, the court may enter an order\n\ngranting the relief requested in the application without notice if\n\nthe court determines that such relief should be granted immediately.\n\nIn that event, the court may grant such relief on a temporary basis\n\nand proceed to set the application for further hearing following the\n\ngiving of notice as provided by this subsection. At the hearing,\n\nbased upon the evidence adduced, the judge may continue, modify or\n\nvacate his temporary order.\n\nE. At the hearing held upon an application filed pursuant to\n\nthis section for which notice is required, the court may, based upon\n\nthe evidence adduced, enter an order granting or denying the relief\n\nrequested. At such hearing, the court also may make any other order\n\nwhich the court deems to be in the best interests of the ward or the\n\nestate of the ward. The court may also set for further hearing,\n\nwith prior notice to be given as provided in this section, any other\n\nmatter which the court deems should be considered in the best\n\ninterest of the ward or the estate of the ward.\n\nF. With respect to any matter set for hearing pursuant to this\n\nsection, the court may appoint an attorney to represent at such\n\nhearing a ward who is an incapacitated or partially incapacitated\n\nperson, in the same manner and with the same compensation as\n\nprovided in the Oklahoma Guardianship and Conservatorship Act for\n\nappointment of an attorney for the subject of the proceeding\n\nfollowing the filing of a petition for appointment of a guardian or\n\nlimited guardian of the person or property of an alleged\n\nincapacitated or partially incapacitated person. The appointment of\n\nsuch attorney shall cease:\n\n1. Upon the entry by the court of an order pertaining to the\n\nmatters considered at such hearing, unless the court otherwise\n\ndirects, either in the order appointing such attorney or in the\n\norder pertaining to the matters considered at such hearing;\n\n2. Unless an appeal is taken from the order of the court\n\npertaining to the matters considered at such hearing, in which event\n\nsuch attorney shall continue to represent the ward until final\npertaining to the\n\nmatters considered at such hearing, unless the court otherwise\n\ndirects, either in the order appointing such attorney or in the\n\norder pertaining to the matters considered at such hearing;\n\n2. Unless an appeal is taken from the order of the court\n\npertaining to the matters considered at such hearing, in which event\n\nsuch attorney shall continue to represent the ward until final\n\ndisposition or as otherwise ordered by the court; or\n\n3. Upon application of said attorney, the court may allow the\n\nattorney to withdraw from the case and shall appoint another\n\nattorney to represent the subject of the proceeding in any appeal\n\nproceeding.\n\nG. After notice, the court may join the issues raised in\n\nseparate applications or separate objections for determination at a\n\nsingle hearing, unless the court determines joinder would be\n\nprejudicial to the interests of the ward.\n\nH. As necessary and appropriate the court may order an\n\nevaluation of the ward in connection with any guardianship\n\nproceeding subsequent to the appointment of a guardian.\n\nI. The court may hear an application other than with respect to\n\nthe matters set forth in subsection A of this section, with or\n\nwithout notice as the court determines. If the court requires\n\nnotice to be given, the court shall specify the persons to whom\n\nnotice shall be given and the manner and time in which such notice\n\nshall be given.","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":"61d7d8dc4216d5741d253e91551d66328ed8f7097a8c72f9665b272db549e59b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-30-30-4-307","next":"us-ok/okla.-stat.-tit.-30-30-4-401"},"notice":"GroundRules: Original legal text. Not legal advice."}