Okla. Stat. tit. 30, § 30-3-107

court - Replacement of appointed counsel - Determination of

independence of retained counsel - Record.

A. If at or prior to a hearing on a petition alleging a person

to be an incapacitated or partially incapacitated person, or if at

any point in the course of a proceeding pursuant to said petition,

the subject of the proceeding is not represented by counsel, the

court may appoint an attorney as provided in this section, and the

court may at any time subsequent to the filing of said petition

appoint a guardian ad litem to assist the court in making a

determination as to whether or not an attorney should be appointed

for the subject of the proceeding. Where available, an attorney

appointed by the court may be a public defender.

B. If the subject of the proceeding is present at the hearing

on the petition and is not represented by counsel at said hearing:

1. The court shall explain on the record:

a. the purpose and potential consequences of the

proceeding; and

b. the right to be represented by counsel upon request

and that if the subject of the proceeding wishes to be

represented by counsel, the court will appoint an

attorney to represent the subject of the proceeding at

the hearing on the petition.

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2. Following such explanation the court shall inquire of the

subject of the proceeding whether he wishes to have an attorney

appointed.

a. If the subject of the proceeding requests the

appointment of an attorney, the court shall appoint an

attorney.

b. If the subject of the proceeding does not request the

appointment of an attorney and the court is in doubt

as to whether the subject of the proceeding is capable

of making an informed decision regarding the

appointment of an attorney and the court determines

that it is in the best interest of the subject of the

proceeding to be represented by counsel, the court

shall appoint an attorney for the subject of the

proceeding, or if the court determines that the

appointment of counsel is not in the best interest of

the subject of the proceeding, the court shall not

appoint an attorney.

c. If the subject of the proceeding does not request the

appointment of an attorney and the court determines

that the subject of the proceeding is capable of

making an informed decision regarding the appointment

of an attorney, the court shall not appoint an

attorney.

3. The court may make the explanation and inquiry required by

this subsection, regarding the purpose and potential consequences of

the proceeding and the appointment of an attorney, prior to the

hearing on the petition. At the hearing on the petition the court

shall include on the record the facts related to said explanation

and inquiry, the determinations made by the court with respect

thereto and the reasons for such determinations.

C. If the subject of the proceeding is not present at the

hearing on a petition alleging him to be an incapacitated or

partially incapacitated person and is not represented by counsel and

the court has not made the explanation and inquiry as provided by

paragraph 3 of subsection B of this section, the court shall make

sufficient inquiry to determine affirmatively whether it would be in

the best interest of the subject of the proceeding to appoint

counsel to represent the subject of the proceeding at the hearing on

the petition.

1. If the court determines that it is in the best interest of

the subject of the proceeding to be represented by counsel, the

court shall appoint an attorney.

2. If the court determines that the appointment of counsel is

not in the best interest of the subject of the proceeding, the court

shall not appoint an attorney.

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D. Whenever the court determines that the appointment of

counsel is not in the best interests of the subject of the

proceeding, or if the subject of the proceeding does not request the
e court determines that the appointment of counsel is

not in the best interest of the subject of the proceeding, the court

shall not appoint an attorney.

Oklahoma Statutes - Title 30. Guardian and Ward Page 42

D. Whenever the court determines that the appointment of

counsel is not in the best interests of the subject of the

proceeding, or if the subject of the proceeding does not request the

appointment of an attorney and the court determines that the subject

of the proceeding is capable of making an informed decision

regarding the appointment of counsel, the court shall explain on the

record the reason for such determination.

E. 1. If an attorney is appointed, the court shall delay the

hearing on the petition only for the period of time necessary for

the attorney to prepare the case for the hearing but in no event

less than five (5) days after such appointment.

2. The attorney appointed by the court shall be replaced by

another attorney if:

a. the subject of the proceeding prefers the services of

an attorney other than the one initially appointed for

him;

b. the preferred attorney agrees to accept the

responsibility; and

c. the subject of the proceeding or the attorney whom he

prefers notifies the court of the preference and the

attorney's acceptance of employment.

3. An attorney appointed pursuant to this section shall contact

the subject of the proceeding promptly after receiving notification

of his appointment. An attorney appointed pursuant to the

provisions of this section shall be compensated pursuant to the

provisions of Section 4-403 of this title.

F. 1. Except as provided by paragraph 2 of this subsection or

as otherwise ordered by the court, the responsibility of an attorney

appointed pursuant to the provisions of this section ceases upon the

appointment of a guardian or limited guardian of the subject of the

proceeding or when a determination not to appeal the decision is

made. The court may appoint an attorney to represent a ward at any

subsequent proceeding.

2. Whenever there is an appeal of a decision made subsequent to

a hearing on a petition requesting the appointment of a guardian or

limited guardian, the responsibility of an attorney appointed

pursuant to this subsection continues with respect to the appeal

until the conclusion of the appeal proceedings. Upon application of

the attorney, the court may allow the attorney to withdraw from the

case and shall appoint another attorney to represent the subject of

the proceeding in any appeal proceedings.

G. In all cases where independent counsel is retained by or on

behalf of the subject of the proceeding, the court shall make

independent inquiry to determine whether counsel is independent and

whether any conflict of interest exists which would preclude proper

representation of the subject of the proceeding or which would be

detrimental to the best interest of the subject of the proceeding.

Oklahoma Statutes - Title 30. Guardian and Ward Page 43

The court shall appoint other counsel where retained counsel is

found not to be independent.

H. Proceedings brought pursuant to the provisions of this

section shall be made a part of the record in the guardianship

proceeding.