Okla. Stat. tit. 30, § 30-3-101
This is the official text of Okla. Stat. tit. 30, § 30-3-101, part of Oklahoma’s Stat. tit. 30, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 30,." Browse the sections below, each linked to its official government source.
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Petition for appointment of guardian
Official statutory text
A. Any person interested in the welfare of a person believed to
be an incapacitated person or partially incapacitated person may
file a petition alleging that such person is an incapacitated or
partially incapacitated person, and request the appointment of a
guardian.
B. The petition shall be verified and shall specify:
1. The names and addresses of persons entitled to notice
pursuant to Section 3-110 of this title and to the attorney of the
subject of the proceeding, if any, and if known to the petitioner;
2. The nature and degree of the alleged incapacity;
3. The relief requested and the facts and reasons supporting
the need for such relief including, where applicable, a description
of any acts or behavior of the subject of the proceeding which gave
rise to the allegations; and
4. The estimated value of all intangible personal property of
the ward.
C. A copy of the results of any physical, psychological or
other appropriate professional evaluation of the condition of the
subject of the proceeding which has been completed within sixty (60)
days prior to the filing of the petition, may be attached to the
petition at the time it is filed.
D. A guardianship plan or plans substantially in the form
required by Section 3-120 or Section 3-122 of this title or both, as
appropriate, may be attached to the petition at the time it is filed
or may be submitted to the court at the time of the hearing.
E. Before making the appointment, the court may receive an
investigation and report regarding the background and home of the
prospective guardian. When required, the investigation and report
of the prospective guardian and placement restrictions and
requirements shall include a check for the petitioner and each adult
Oklahoma Statutes - Title 30. Guardian and Ward Page 33
member of the petitioner’s household establishing that there is no
record of a criminal conviction, protective order or pending
criminal charge. Additionally, the report shall include an Oklahoma
State Bureau of Investigation name-based criminal background check
for the petitioner and each adult member of the petitioner’s
household establishing that no record of a criminal conviction
exists in the OSBI criminal history repository based on the search
criteria provided. The petitioner shall disclose the case name and
status of any civil or criminal matter in state or federal court,
including but not limited to bankruptcy adjudications, involving the
petitioner or any adult household member.
be an incapacitated person or partially incapacitated person may
file a petition alleging that such person is an incapacitated or
partially incapacitated person, and request the appointment of a
guardian.
B. The petition shall be verified and shall specify:
1. The names and addresses of persons entitled to notice
pursuant to Section 3-110 of this title and to the attorney of the
subject of the proceeding, if any, and if known to the petitioner;
2. The nature and degree of the alleged incapacity;
3. The relief requested and the facts and reasons supporting
the need for such relief including, where applicable, a description
of any acts or behavior of the subject of the proceeding which gave
rise to the allegations; and
4. The estimated value of all intangible personal property of
the ward.
C. A copy of the results of any physical, psychological or
other appropriate professional evaluation of the condition of the
subject of the proceeding which has been completed within sixty (60)
days prior to the filing of the petition, may be attached to the
petition at the time it is filed.
D. A guardianship plan or plans substantially in the form
required by Section 3-120 or Section 3-122 of this title or both, as
appropriate, may be attached to the petition at the time it is filed
or may be submitted to the court at the time of the hearing.
E. Before making the appointment, the court may receive an
investigation and report regarding the background and home of the
prospective guardian. When required, the investigation and report
of the prospective guardian and placement restrictions and
requirements shall include a check for the petitioner and each adult
Oklahoma Statutes - Title 30. Guardian and Ward Page 33
member of the petitioner’s household establishing that there is no
record of a criminal conviction, protective order or pending
criminal charge. Additionally, the report shall include an Oklahoma
State Bureau of Investigation name-based criminal background check
for the petitioner and each adult member of the petitioner’s
household establishing that no record of a criminal conviction
exists in the OSBI criminal history repository based on the search
criteria provided. The petitioner shall disclose the case name and
status of any civil or criminal matter in state or federal court,
including but not limited to bankruptcy adjudications, involving the
petitioner or any adult household member.
Status: in_force · Read it on the official government site
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