Okla. Stat. tit. 30, § 30-3-111

Explanation on record.

A. At the hearing on the petition the court shall determine

whether or not it is necessary to appoint a guardian of the person,

property or both. If a guardian is needed, the court shall

determine:

1. When a general or limited guardian of the person of the

subject of the proceeding is requested, the essential requirements

for the health and safety of the subject of the proceeding and the

skills and knowledge necessary to meet those requirements;

2. When a general or limited guardian of the property of the

subject of the proceeding is requested, the type and amount of the

financial resources of the subject of the proceeding, the essential

requirements for managing the financial resources and the skills and

knowledge necessary to manage the financial resources;

Oklahoma Statutes - Title 30. Guardian and Ward Page 47

3. The nature and extent of the incapacity of the subject of

the proceeding, if any; and

4. Whether by clear and convincing evidence the subject of the

proceeding is an incapacitated or partially incapacitated person.

B. If after a full hearing and examination upon such petition,

the court finds by clear and convincing evidence that the subject of

the proceeding is an incapacitated or partially incapacitated

person, the court shall determine the extent of the incapacity and

the feasibility of less restrictive alternatives to guardianship to

meet the needs of the subject of the proceeding. Upon such

determination, the court may:

1. Dismiss the action if the court finds that less restrictive

alternatives to guardianship are feasible and adequate to meet the

needs of the subject of the proceeding; or

2. Appoint a guardian or limited guardian. An order making

such an appointment shall include a specific finding that it was

established by clear and convincing evidence that the identified

needs of the subject of the proceeding require a guardianship

instead of less restrictive alternatives.

C. Guardianship for an incapacitated person shall be:

1. Used only as is necessary to promote and protect the well-

being of the person and his or her property;

2. Designed to encourage the development of maximum self-

reliance and independence of the person; and

3. Ordered only to the extent required by the actual mental,

physical and adaptive limitations of the person.

R.L. 1910, § 6539. Amended by Laws 1953, p. 247, § 80; Laws 1955,

p. 302, § 2; Laws 1988, c. 329, § 48, eff. Dec. 1, 1988. Renumbered

from Title 58, § 852 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.