Okla. Stat. tit. 30, § 30-3-104
This is the official text of Okla. Stat. tit. 30, § 30-3-104, 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.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Priorities for selection by court of guardian or limited
Official statutory text
guardian - Appointment of organization - Determination of
suitability - Appointment of public agency.
A. The following priorities shall guide the selection by the
court of a guardian or limited guardian of an incapacitated or
partially incapacitated person from among those eligible:
1. The individual or individuals nominated by the subject of
the proceeding pursuant to Section 3-102 of this title;
2. The current guardian or limited guardian appointed or
recognized by the appropriate court of any other jurisdiction in
which the incapacitated or partially incapacitated person resides;
3. An individual nominated by the will or by other writing of a
deceased parent, spouse, or an adult child who was serving as the
guardian or limited guardian of the subject of the proceeding;
4. The spouse of the subject of the proceeding;
5. An adult child of the subject of the proceeding;
6. A parent of the subject of the proceeding;
7. A sibling of the subject of the proceeding;
8. Any individual approved by the court with whom the subject
of the proceeding has been living for more than six (6) months prior
to the filing of the petition. Provided that any owner, operator,
administrator or employee of a facility subject to the provisions of
the Nursing Home Care Act, the Residential Home Care Act or the
Group Homes for the Developmentally Disabled or Physically
Handicapped Persons Act shall not be appointed guardian or limited
guardian of a resident of such facility unless the owner, operator,
administrator or employee is the spouse of the resident, or a
relative of the resident within the second degree of consanguinity
and is otherwise eligible for appointment; or
9. If applicable, an individual volunteer qualified for
appointment as a guardian of a veteran pursuant to the Veterans
Volunteer Guardianship Act.
B. When the guardian or limited guardian of an incapacitated or
partially incapacitated person is the guardian of property only, the
court may appoint an organization which is eligible to manage the
financial resources of an individual and has fiduciary powers, or
its successor in interest, when:
1. Such organization is nominated by the subject of the
proceeding pursuant to Section 3-102 of this title;
2. Such organization is nominated by a person eligible to make
such nomination pursuant to Section 3-103 of this title; or
3. The appointment of such organization is in the best interest
of the subject of the proceeding.
Oklahoma Statutes - Title 30. Guardian and Ward Page 36
C. The court shall make reasonable inquiry to determine whether
the person or organization proposed to serve as the guardian or
limited guardian of an incapacitated or partially incapacitated
person is suitable and will exercise the powers and carry out the
duties and responsibilities of guardian or limited guardian in the
best interest of the ward. The court shall also inquire of the
proposed guardian of the person of the ward as to how the guardian
proposes to provide for the care of the ward, and of the proposed
guardian of the estate of the ward as to how the guardian proposes
to manage the property of the ward and to provide for the ward's
financial care. The court shall make such orders with respect
thereto as the court deems to be for the best interest of the ward.
D. A public agency shall not be appointed to serve as guardian
for an adult except as provided in Section 1415 of Title 10 and
Section 10-108 of Title 43A of the Oklahoma Statutes.
suitability - Appointment of public agency.
A. The following priorities shall guide the selection by the
court of a guardian or limited guardian of an incapacitated or
partially incapacitated person from among those eligible:
1. The individual or individuals nominated by the subject of
the proceeding pursuant to Section 3-102 of this title;
2. The current guardian or limited guardian appointed or
recognized by the appropriate court of any other jurisdiction in
which the incapacitated or partially incapacitated person resides;
3. An individual nominated by the will or by other writing of a
deceased parent, spouse, or an adult child who was serving as the
guardian or limited guardian of the subject of the proceeding;
4. The spouse of the subject of the proceeding;
5. An adult child of the subject of the proceeding;
6. A parent of the subject of the proceeding;
7. A sibling of the subject of the proceeding;
8. Any individual approved by the court with whom the subject
of the proceeding has been living for more than six (6) months prior
to the filing of the petition. Provided that any owner, operator,
administrator or employee of a facility subject to the provisions of
the Nursing Home Care Act, the Residential Home Care Act or the
Group Homes for the Developmentally Disabled or Physically
Handicapped Persons Act shall not be appointed guardian or limited
guardian of a resident of such facility unless the owner, operator,
administrator or employee is the spouse of the resident, or a
relative of the resident within the second degree of consanguinity
and is otherwise eligible for appointment; or
9. If applicable, an individual volunteer qualified for
appointment as a guardian of a veteran pursuant to the Veterans
Volunteer Guardianship Act.
B. When the guardian or limited guardian of an incapacitated or
partially incapacitated person is the guardian of property only, the
court may appoint an organization which is eligible to manage the
financial resources of an individual and has fiduciary powers, or
its successor in interest, when:
1. Such organization is nominated by the subject of the
proceeding pursuant to Section 3-102 of this title;
2. Such organization is nominated by a person eligible to make
such nomination pursuant to Section 3-103 of this title; or
3. The appointment of such organization is in the best interest
of the subject of the proceeding.
Oklahoma Statutes - Title 30. Guardian and Ward Page 36
C. The court shall make reasonable inquiry to determine whether
the person or organization proposed to serve as the guardian or
limited guardian of an incapacitated or partially incapacitated
person is suitable and will exercise the powers and carry out the
duties and responsibilities of guardian or limited guardian in the
best interest of the ward. The court shall also inquire of the
proposed guardian of the person of the ward as to how the guardian
proposes to provide for the care of the ward, and of the proposed
guardian of the estate of the ward as to how the guardian proposes
to manage the property of the ward and to provide for the ward's
financial care. The court shall make such orders with respect
thereto as the court deems to be for the best interest of the ward.
D. A public agency shall not be appointed to serve as guardian
for an adult except as provided in Section 1415 of Title 10 and
Section 10-108 of Title 43A of the Oklahoma Statutes.
Status: in_force · Read it on the official government site
Need a lawyer in Oklahoma?
Find a Oklahoma lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.