Okla. Stat. tit. 30, § 30-1-111

A. As used in the Oklahoma Guardianship and Conservatorship

Act:

1. “Abuse” means the intentional infliction of physical pain,

injury, or mental anguish or the deprivation of food, clothing,

shelter or medical care to an incapacitated person, partially

incapacitated person, or a minor by a guardian or other person

responsible for providing these services;

2. “Confidential information” means medical records, physical,

psychological or other evaluations of a ward or subject of the

proceeding, initial and subsequent guardianship plans, reports of

guardians, limited guardians and conservators submitted to the court

in connection with a proceeding pursuant to the provisions of the

Oklahoma Guardianship and Conservatorship Act;

3. “Court” means a judge of the district court assigned to hear

probate matters or assigned to the division of the district court

designated to exercise probate jurisdiction;

4. “Estate” means the property of the person whose affairs are

subject to a guardianship proceeding;

5. “Evaluation” means a professional assessment of:

a. the ability of an adult to receive and evaluate

information effectively or communicate decisions,

b. the impact of any impairment of these skills on the

capacity of the individual to meet the essential

requirements for the individual’s physical health or

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safety, or to manage the individual’s financial

resources, and

c. the services necessary to provide for the ward;

6. “Exploitation” means an unjust or improper use of the

resources of an incapacitated person, a partially incapacitated

person or a minor for the profit or advantage, pecuniary or

otherwise, of a person other than an incapacitated person, a

partially incapacitated person or a minor through the use of undue

influence, coercion, harassment, duress, deception, false

representation or false pretense;

7. A “guardian of an incapacitated person” means a person who

has been appointed by a court to serve as the guardian of an

incapacitated person to assure that the essential requirements for

the health and safety of the person are met, to manage the estate or

financial resources of the person, or both;

8. “Guardian ad litem” means, with respect to a guardianship

proceeding, a person appointed by the court to assist the subject of

the proceeding in making decisions with regard to the guardianship

proceeding, or to make the decisions when the subject of the

proceeding is wholly incapable of making the decisions even with

assistance;

9. “Guardianship plan” means the plan for the care and

treatment of a ward, the plan for the management of the financial

resources of a ward, or both;

10. “Guardianship proceeding” means a proceeding for the

appointment of a guardian, or for other orders regarding the

condition, care or treatment or for the management of the financial

resources of a ward;

11. “Guardianship report” means any report required by the

provisions of Sections 4-305 and 4-306 of this title;

12. “Incapacitated person” means a person eighteen (18) years

of age or older:

a. who is impaired by reason of:

(1) mental illness as defined by Section 1-103 of

Title 43A of the Oklahoma Statutes,

(2) intellectual or developmental disability as

defined by Section 1430.2 of Title 10 of the

Oklahoma Statutes,

(3) physical illness or disability,

(4) drug or alcohol dependency as defined by Section

3-403 of Title 43A of the Oklahoma Statutes, or

(5) such other similar cause, and

b. whose ability to receive and evaluate information

effectively or to make and to communicate responsible

decisions is impaired to such an extent that the

person:

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(1) lacks the capacity to meet essential requirements

for physical health or safety, or
on

3-403 of Title 43A of the Oklahoma Statutes, or

(5) such other similar cause, and

b. whose ability to receive and evaluate information

effectively or to make and to communicate responsible

decisions is impaired to such an extent that the

person:

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(1) lacks the capacity to meet essential requirements

for physical health or safety, or

(2) is unable to manage financial resources.

Whenever in the Oklahoma Statutes the term “incompetent person”

appears and refers to a person who has been found by a district

court to be an incompetent person because of an impairment or

condition described in this paragraph it shall have the same meaning

as “incapacitated person” but shall not include a person who is a

partially incapacitated person;

13. “Least restrictive alternative” means an approach to

meeting the needs of an individual that restricts fewer rights of

the individual than would the appointment of a guardian or

conservator including, but not limited to, supported decision

making, appropriate technological assistance, appointment of a

representative payee and appointment of an agent by the individual

including under a power of attorney for health care or finances;

14. “Intangible personal property” means cash, stocks and

bonds, mutual funds, money market accounts, certificates of deposit,

insurance contracts, commodity accounts, and other assets of a

similar nature;

15. “Letters” means a document issued by the court subsequent

to the appointment of a guardian which designates the name of the

guardian and specifies the authority and powers of the guardian.

Such document shall be endorsed thereon with the oath of the

guardian that he or she will perform the duties of his or her office

as guardian according to law;

16. A “limited guardian” means a person appointed by the court

to serve as the guardian of a partially incapacitated person and who

is authorized by the court to exercise only:

a. some of the powers of a guardian of the person or

whose power as guardian of the person extends only to

certain matters pertaining to the care or control of

the ward as specified by the court, or

b. certain powers as guardian of the property over the

estate or financial resources of the ward, or whose

powers as guardian of the property extend only to some

portion of the estate or financial resources of the

ward;

17. “Manage financial resources” or “manage the estate” means

those actions necessary to obtain, administer and dispose of real

property, business property, benefits and income, and to otherwise

manage personal financial or business affairs;

18. “Meet the essential requirements for physical health or

safety” means those actions necessary to provide the health care,

food, shelter, clothing, personal hygiene and other care without

which serious physical injury is more likely than not to occur;

19. “Minor” means a person under eighteen (18) years of age;

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20. “Neglect” means the failure to provide protection for an

incapacitated person, a partially incapacitated person or a minor

who is unable to protect the person’s own interest; or the failure

to provide adequate shelter or clothing; or the harming or

threatening with harm through action or inaction by either another

individual or through the person’s own action or inaction because of

a lack of awareness, incompetence or incapacity, which has resulted

or may result in physical or mental injury;

21. “Organization” means a corporation, trust, business trust,

partnership, association or other legal entity;

22. “Partially incapacitated person” means an incapacitated

person whose impairment is only to the extent that without the

assistance of a limited guardian the person is unable to:

a. meet the essential requirements for physical health or

safety, or

b. manage all of the person’s financial resources or to
s a corporation, trust, business trust,

partnership, association or other legal entity;

22. “Partially incapacitated person” means an incapacitated

person whose impairment is only to the extent that without the

assistance of a limited guardian the person is unable to:

a. meet the essential requirements for physical health or

safety, or

b. manage all of the person’s financial resources or to

engage in all of the activities necessary for the

effective management of the person’s financial

resources.

A finding that an individual is a partially incapacitated person

shall not constitute a finding of legal incompetence. A partially

incapacitated person shall be legally competent in all areas other

than the area or areas specified by the court in its dispositional

or subsequent orders. Such person shall retain all legal rights and

abilities other than those expressly limited or curtailed in the

orders;

23. “Party” means the person or entity filing a petition,

application, motion, acceptance of a testamentary nomination or

objection; the subject of a guardianship proceeding; and the

guardian, the guardian ad litem and the conservator, if any such

persons have been appointed;

24. “Person” means an individual;

25. “Property” means real property, personal property, income,

any interest in such real or personal property and includes anything

that may be the subject of ownership;

26. “Restrictions on the legal capacity of a person to act in

the person’s own behalf” means powers of an incapacitated or

partially incapacitated person which are assigned to a guardian;

27. “Subject of the proceeding” means a minor or an adult:

a. who is the subject of a petition requesting the

appointment of a guardian, limited guardian or special

guardian,

b. for whom a guardian or limited guardian has been

appointed by the court, or

c. an adult for whom a conservator is requested or

appointed;

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28. “Supported decision making” means assistance from one or

more persons chosen by an individual in understanding the nature and

consequences of potential personal and financial decisions to enable

the individual to make such decisions, and in communicating such

decisions if consistent with the wishes of the individual; and

29. “Surcharge” means the imposition of personal liability by a

court on a guardian or limited guardian for willful or negligent

misconduct in the administration of the estate or other financial

resources of a ward.

B. 1. Nothing in this section shall be construed to mean an

incapacitated person, a partially incapacitated person or a minor is

abused or neglected for the sole reason that a guardian or other

person responsible, in good faith, selects and depends upon

spiritual means alone through prayer, in accordance with the tenets

and practices of a recognized church or religious denomination, for

the treatment or cure of disease or remedial care of the person or

minor in their trust, and, in the case of an adult, in accordance

with the practices of or the express consent of the incapacitated or

partially incapacitated person.

2. Nothing contained in this subsection shall prevent a court

from immediately assuming custody of a minor, pursuant to the

Oklahoma Children’s Code, and ordering whatever action may be

necessary including medical treatment, to protect the minor’s health

or welfare.