Okla. Stat. tit. 30, § 30-3-110
This is the official text of Okla. Stat. tit. 30, § 30-3-110, 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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Notice of hearing
Official statutory text
A. The court shall cause notice to be served of the time and
place of the hearing on the petition requesting the appointment of a
guardian for an incapacitated or partially incapacitated person on:
1. The subject of the proceeding; and
2. The following persons, other than the petitioner, who are
known to the petitioner or whose existence and address can be
ascertained by the petitioner with reasonably diligent efforts:
a. the spouse, if any, of the subject of the proceeding,
b. the attorney, if any, of the subject of the
proceeding,
c. all adult children of the subject of the proceeding,
d. if there is no such adult child, the then living
parent or parents of the subject of the proceeding, or
e. if there is no such parent, all adult brothers and
sisters of the subject of the proceeding, and all
adult children of any deceased brothers or sisters of
the subject of the proceeding, and all adult
grandchildren of the subject of the proceeding;
Oklahoma Statutes - Title 30. Guardian and Ward Page 45
3. In case no person listed in paragraph 2 of this subsection
is given notice, notice shall be given to at least one and not more
than three of the nearest adult relatives of the subject of the
proceeding who are known to the petitioner or whose existence and
address can be ascertained with reasonably diligent efforts;
4. If not the petitioner, any person or organization which, in
the petition, is proposed to serve as guardian or limited guardian
or, to the extent such nomination is known to the petitioner, who is
nominated by will or other writing to serve as guardian or limited
guardian;
5. To the extent known to the petitioner:
a. the person or facility having care or custody of the
subject of the proceeding, and
b. the Department of Human Services or the Department of
Mental Health and Substance Abuse Services, if the
Departments are providing services to the subject of
the proceeding;
6. As appropriate, the Secretary of the United States
Department of Veterans Affairs if the subject of the proceeding is a
veteran and is reasonably believed to be eligible for or in receipt
of benefits or services from the Department; and
7. Any other person as directed by the court.
B. A copy of the pleading which gave rise to the notice shall
be attached to any notice served pursuant to this section.
C. Except for actions appointing a special guardian pursuant to
Section 3-115 of this title:
1. Notice shall be served personally on the individual who is
the subject of the proceeding at least ten (10) days before the time
set for hearing. Such personal service may be made by the attorney
for the petitioner, sheriff, or licensed process server. The person
making such services shall make proper return thereof; and
2. Notice to other persons entitled to notice of a hearing on
the original petition requesting the appointment of a guardian shall
be mailed by regular first-class mail at least ten (10) days before
the time set for the hearing. Such service by mail may be made by
the court clerk, deputy court clerk or attorney for the petitioner.
D. The notice to the subject of the proceeding shall set forth
the date, time, place, and purpose of the hearing to which the
notice refers. Such notice shall be substantially in the following
form:
NOTICE OF HEARING
TO: _______________________________________
(Name of subject of proceeding)
Service Address ________________________________
You are hereby notified that a petition has been filed alleging that
you are an __ incapacitated, __ partially incapacitated person and
are incapable of __ caring for yourself, __ managing your property.
Oklahoma Statutes - Title 30. Guardian and Ward Page 46
The petition requests that a __ guardian, __ limited guardian be
appointed by the court to make decisions for you regarding __
yourself, __ your property. A copy of the petition is attached.
The hearing on the petition will be held on
partially incapacitated person and
are incapable of __ caring for yourself, __ managing your property.
Oklahoma Statutes - Title 30. Guardian and Ward Page 46
The petition requests that a __ guardian, __ limited guardian be
appointed by the court to make decisions for you regarding __
yourself, __ your property. A copy of the petition is attached.
The hearing on the petition will be held on
____________________________________________________________.
(date, time and place of the hearing)
At the hearing a ( ) guardian, ( ) limited guardian may be
appointed for your ( ) person, ( ) property. The judge will explain
to you the nature, purpose and effect of the proceedings.
You have the right to attend the hearing. You may confront and
cross-examine all witnesses and present your own witnesses. You
have the right to request that your hearing be closed to the public.
You may request that an expert be appointed to examine you and if
the judge believes that an examination is necessary, the judge will
order an evaluation to be done.
You have the right to hire an attorney of your choice to
represent you. If you do not have an attorney and you wish to be
represented by an attorney at the hearing, the court will appoint
one for you. You may request the appointment of an attorney orally
or in writing prior to the hearing or at the hearing. If you are
able, you will be required to pay the cost of an attorney appointed
by the court.
place of the hearing on the petition requesting the appointment of a
guardian for an incapacitated or partially incapacitated person on:
1. The subject of the proceeding; and
2. The following persons, other than the petitioner, who are
known to the petitioner or whose existence and address can be
ascertained by the petitioner with reasonably diligent efforts:
a. the spouse, if any, of the subject of the proceeding,
b. the attorney, if any, of the subject of the
proceeding,
c. all adult children of the subject of the proceeding,
d. if there is no such adult child, the then living
parent or parents of the subject of the proceeding, or
e. if there is no such parent, all adult brothers and
sisters of the subject of the proceeding, and all
adult children of any deceased brothers or sisters of
the subject of the proceeding, and all adult
grandchildren of the subject of the proceeding;
Oklahoma Statutes - Title 30. Guardian and Ward Page 45
3. In case no person listed in paragraph 2 of this subsection
is given notice, notice shall be given to at least one and not more
than three of the nearest adult relatives of the subject of the
proceeding who are known to the petitioner or whose existence and
address can be ascertained with reasonably diligent efforts;
4. If not the petitioner, any person or organization which, in
the petition, is proposed to serve as guardian or limited guardian
or, to the extent such nomination is known to the petitioner, who is
nominated by will or other writing to serve as guardian or limited
guardian;
5. To the extent known to the petitioner:
a. the person or facility having care or custody of the
subject of the proceeding, and
b. the Department of Human Services or the Department of
Mental Health and Substance Abuse Services, if the
Departments are providing services to the subject of
the proceeding;
6. As appropriate, the Secretary of the United States
Department of Veterans Affairs if the subject of the proceeding is a
veteran and is reasonably believed to be eligible for or in receipt
of benefits or services from the Department; and
7. Any other person as directed by the court.
B. A copy of the pleading which gave rise to the notice shall
be attached to any notice served pursuant to this section.
C. Except for actions appointing a special guardian pursuant to
Section 3-115 of this title:
1. Notice shall be served personally on the individual who is
the subject of the proceeding at least ten (10) days before the time
set for hearing. Such personal service may be made by the attorney
for the petitioner, sheriff, or licensed process server. The person
making such services shall make proper return thereof; and
2. Notice to other persons entitled to notice of a hearing on
the original petition requesting the appointment of a guardian shall
be mailed by regular first-class mail at least ten (10) days before
the time set for the hearing. Such service by mail may be made by
the court clerk, deputy court clerk or attorney for the petitioner.
D. The notice to the subject of the proceeding shall set forth
the date, time, place, and purpose of the hearing to which the
notice refers. Such notice shall be substantially in the following
form:
NOTICE OF HEARING
TO: _______________________________________
(Name of subject of proceeding)
Service Address ________________________________
You are hereby notified that a petition has been filed alleging that
you are an __ incapacitated, __ partially incapacitated person and
are incapable of __ caring for yourself, __ managing your property.
Oklahoma Statutes - Title 30. Guardian and Ward Page 46
The petition requests that a __ guardian, __ limited guardian be
appointed by the court to make decisions for you regarding __
yourself, __ your property. A copy of the petition is attached.
The hearing on the petition will be held on
partially incapacitated person and
are incapable of __ caring for yourself, __ managing your property.
Oklahoma Statutes - Title 30. Guardian and Ward Page 46
The petition requests that a __ guardian, __ limited guardian be
appointed by the court to make decisions for you regarding __
yourself, __ your property. A copy of the petition is attached.
The hearing on the petition will be held on
____________________________________________________________.
(date, time and place of the hearing)
At the hearing a ( ) guardian, ( ) limited guardian may be
appointed for your ( ) person, ( ) property. The judge will explain
to you the nature, purpose and effect of the proceedings.
You have the right to attend the hearing. You may confront and
cross-examine all witnesses and present your own witnesses. You
have the right to request that your hearing be closed to the public.
You may request that an expert be appointed to examine you and if
the judge believes that an examination is necessary, the judge will
order an evaluation to be done.
You have the right to hire an attorney of your choice to
represent you. If you do not have an attorney and you wish to be
represented by an attorney at the hearing, the court will appoint
one for you. You may request the appointment of an attorney orally
or in writing prior to the hearing or at the hearing. If you are
able, you will be required to pay the cost of an attorney appointed
by the court.
Status: in_force · Read it on the official government site
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