Okla. Stat. tit. 30, § 30-3-115

This is the official text of Okla. Stat. tit. 30, § 30-3-115, 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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Appointment of special guardian - Powers - Duration -

Official statutory text

Bond - Removal.

A. The court may appoint a special guardian for a person who

appears to be or has been found to be an incapacitated or partially

incapacitated person when it appears:

1. There is imminent danger that the health or safety of said

person will be seriously impaired or that the financial resources of

said person will be seriously damaged or dissipated unless immediate

action is taken; and

2. No other person appears to have authority to act in the

circumstances or the guardian previously appointed is unable to or

refuses to take action.

B. The request for appointment of a special guardian may be

included in the petition to appoint a guardian or by separate

petition, either of which must be verified.

C. The court may appoint an attorney, separate and apart from

the petitioner's attorney, for the subject of the proceeding who

does not have legal representation and either cannot afford a

private attorney or cannot retain counsel due to incapacity and may

proceed to hear the petition as same pertains to appointment of a

special guardian with or without notice. If notice is required, the

notice shall set a time for hearing on the petition within seventy-

two (72) hours. Notice shall be served on:

1. The subject of the proceeding;

2. The attorney of the subject of the proceeding, if any;

3. The spouse of the subject of the proceeding, if any, and if

the spouse is not the petitioner; and

4. At least one other adult relative of the subject of the

proceeding or any other person who is not the petitioner, as

directed by the court.

Oklahoma Statutes - Title 30. Guardian and Ward Page 51

Notice shall be personally served in the manner as the court directs

on the subject of the proceeding and on other persons receiving

notice as directed by the court.

D. The court may without notice appoint a special guardian upon

the filing of the petition, upon presentation of evidence of the

incapacity of the subject of the proceeding, upon a showing that an

immediate or reasonably foreseeable serious physical harm to the

subject of the proceeding or serious impairment of the financial

resources of said person will result from a delay, and upon

presentation of a proposed emergency plan of care for the subject of

the proceeding. Whenever a special guardian is immediately

appointed as provided by this subsection, the court shall cause a

copy of the petition, order and letters of special guardianship to

be served on:

1. The subject of the proceeding;

2. The spouse of the subject of the proceeding, if any, if the

spouse is not the petitioner; and

3. At least one other adult relative of the subject of the

proceeding, if such relative is known or can be ascertained with

reasonable diligence, or by any other person who is not the

petitioner, as directed by the court.

The notice shall be served in the manner the court directs.

E. The court shall grant the special guardian only those powers

necessary to act with respect to the particular emergency, as

determined by the court. The special guardian shall be granted only

powers to accomplish acts that are both supported by the proposed

emergency plan of care and found necessary by the court. Power to

change the place of residence of the subject of the proceeding shall

be specifically granted by the court upon a showing that the needs

of the subject of the proceeding cannot be met within such subject's

present residential arrangements. The court's approval shall be

required for any changes in either the emergency plan of care or the

specified powers of the special guardian. The letters for a special

guardian shall state that the person is a special guardian, the date

of the expiration of the special guardianship, and the specific

power or powers of the special guardian.

F. The appointment of a special guardian shall be effective

from the date of appointment until a guardian is appointed pursuant
ency plan of care or the

specified powers of the special guardian. The letters for a special

guardian shall state that the person is a special guardian, the date

of the expiration of the special guardianship, and the specific

power or powers of the special guardian.

F. The appointment of a special guardian shall be effective

from the date of appointment until a guardian is appointed pursuant

to Section 1-112 of this title, or for thirty (30) days, whichever

is less.

G. The court shall not require bond if the appointment is over

the person only, and may require or waive bond if the appointment is

as to the property of the ward.

H. The authority of any guardian or limited guardian previously

appointed by the court is suspended with regard to the powers

granted to the special guardian, but not otherwise, for as long as a

special guardian has authority as provided by this section.

Oklahoma Statutes - Title 30. Guardian and Ward Page 52

I. The court may remove a special guardian at any time. The

special guardian shall file a report showing all actions taken

during the special guardianship and shall make any other report the

court requires.

Status: in_force · Read it on the official government site

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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.