Okla. Stat. tit. 30, § 30-3-106
This is the official text of Okla. Stat. tit. 30, § 30-3-106, 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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Rights of individual alleged to be or found to be
Official statutory text
incapacitated or partially incapacitated - Confidentiality - Relief
from costs and fees - Record.
A. In all hearings conducted pursuant to Article III of the
Oklahoma Guardianship and Conservatorship Act, an individual who is
alleged to be or found to be an incapacitated or partially
incapacitated person shall have a right to:
1. Notice as provided in Section 3-110 of this title;
2. Be present at such hearings;
3. Compel the attendance of witnesses;
4. Present evidence;
5. Cross-examine witnesses;
6. Appeal adverse orders and judgments as provided by the rules
of civil procedure;
7. Representation by court-appointed counsel upon request; and
8. Request that the proceedings be closed to the public.
Oklahoma Statutes - Title 30. Guardian and Ward Page 37
B. The requirement of notice to the subject of the proceeding
shall not be waived. The requirement that the subject of the
proceeding be present at a hearing may be waived only for good cause
shown. The court shall make inquiries to determine whether there is
sufficient cause to waive the right to be present. Whenever the
requirement that the subject of the proceeding be present is waived,
the court shall make a finding on the record as to the reason the
subject of the proceeding is not present at the proceeding and the
alternatives which were considered to enable the subject of the
proceeding to be present.
C. Any person may apply for permission to participate in a
proceeding or to be admitted to a proceeding which has been closed
to the public. The court may grant the request to participate upon
determining that the best interest of the subject of the proceeding
will be served thereby. The court may, for good cause shown, grant
the request of such person for permission to be admitted to the
closed proceeding upon determining that said person has a legitimate
interest in the proceedings. In granting either request, the court
may impose any appropriate conditions it deems necessary.
D. If the subject of the proceeding is under the influence of
psychotropic medication, during any judicial hearing held pursuant
to the Oklahoma Guardianship and Conservatorship Act, the court
shall be advised of this fact, the purpose of the medication, and
the effect which it may have on the individual's actions, demeanor
and participation at the hearing.
E. Statements of individuals alleged or found to be partially
incapacitated or incapacitated persons made during the course of the
evaluations, examinations and treatment pursuant to the Oklahoma
Guardianship and Conservatorship Act shall be privileged and
confidential. Such statements shall not be admissible without the
individual's consent in any civil or criminal proceeding other than
a proceeding held pursuant to the Oklahoma Guardianship and
Conservatorship Act.
F. A party to a proceeding held pursuant to the Oklahoma
Guardianship and Conservatorship Act may be relieved of court costs
and filing fees as specified by Section 152 of Title 28 of the
Oklahoma Statutes or as provided by Section 192 of Title 56 of the
Oklahoma Statutes.
G. At the request of any party to a proceeding pursuant to the
provisions of the Oklahoma Guardianship and Conservatorship Act, the
court shall order that a stenographic or mechanical record of the
proceeding be made.
from costs and fees - Record.
A. In all hearings conducted pursuant to Article III of the
Oklahoma Guardianship and Conservatorship Act, an individual who is
alleged to be or found to be an incapacitated or partially
incapacitated person shall have a right to:
1. Notice as provided in Section 3-110 of this title;
2. Be present at such hearings;
3. Compel the attendance of witnesses;
4. Present evidence;
5. Cross-examine witnesses;
6. Appeal adverse orders and judgments as provided by the rules
of civil procedure;
7. Representation by court-appointed counsel upon request; and
8. Request that the proceedings be closed to the public.
Oklahoma Statutes - Title 30. Guardian and Ward Page 37
B. The requirement of notice to the subject of the proceeding
shall not be waived. The requirement that the subject of the
proceeding be present at a hearing may be waived only for good cause
shown. The court shall make inquiries to determine whether there is
sufficient cause to waive the right to be present. Whenever the
requirement that the subject of the proceeding be present is waived,
the court shall make a finding on the record as to the reason the
subject of the proceeding is not present at the proceeding and the
alternatives which were considered to enable the subject of the
proceeding to be present.
C. Any person may apply for permission to participate in a
proceeding or to be admitted to a proceeding which has been closed
to the public. The court may grant the request to participate upon
determining that the best interest of the subject of the proceeding
will be served thereby. The court may, for good cause shown, grant
the request of such person for permission to be admitted to the
closed proceeding upon determining that said person has a legitimate
interest in the proceedings. In granting either request, the court
may impose any appropriate conditions it deems necessary.
D. If the subject of the proceeding is under the influence of
psychotropic medication, during any judicial hearing held pursuant
to the Oklahoma Guardianship and Conservatorship Act, the court
shall be advised of this fact, the purpose of the medication, and
the effect which it may have on the individual's actions, demeanor
and participation at the hearing.
E. Statements of individuals alleged or found to be partially
incapacitated or incapacitated persons made during the course of the
evaluations, examinations and treatment pursuant to the Oklahoma
Guardianship and Conservatorship Act shall be privileged and
confidential. Such statements shall not be admissible without the
individual's consent in any civil or criminal proceeding other than
a proceeding held pursuant to the Oklahoma Guardianship and
Conservatorship Act.
F. A party to a proceeding held pursuant to the Oklahoma
Guardianship and Conservatorship Act may be relieved of court costs
and filing fees as specified by Section 152 of Title 28 of the
Oklahoma Statutes or as provided by Section 192 of Title 56 of the
Oklahoma Statutes.
G. At the request of any party to a proceeding pursuant to the
provisions of the Oklahoma Guardianship and Conservatorship Act, the
court shall order that a stenographic or mechanical record of the
proceeding be made.
Status: in_force · Read it on the official government site
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