Okla. Stat. tit. 30, § 30-3-316
This is the official text of Okla. Stat. tit. 30, § 30-3-316, 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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Confirmation of transfer of guardianship or
Official statutory text
conservatorship.
(a) To confirm transfer of a guardianship or conservatorship
transferred to this state under provisions similar to Section 15 of
this act, the guardian or conservator shall petition the court in
this state to accept the guardianship or conservatorship. The
petition shall include a certified copy of the other state’s
provisional order of transfer.
(b) Notice of a petition under subsection (a) of this section
shall be given to those persons that would be entitled to notice if
the petition were a petition for the appointment of a guardian or
issuance of a protective order in both the transferring state and
this state. The notice shall be given in the same manner as notice
is required to be given in this state.
(c) On the court’s own motion or on request of the guardian or
conservator, the incapacitated or protected person, or other person
required to be notified of the proceeding, the court shall hold a
hearing on a petition filed pursuant to subsection (a) of this
section.
(d) The court shall issue an order provisionally granting a
petition filed under subsection (a) of this section unless:
(1) An objection is made and the objector establishes that
transfer of the proceeding would be contrary to the interests of the
incapacitated or protected person; or
(2) The guardian or conservator is ineligible for appointment
in this state.
(e) The court shall issue a final order accepting the
proceeding and appointing the guardian or conservator as guardian or
conservator in this state upon its receipt from the court from which
the proceeding is being transferred of a final order issued under
provisions similar to Section 15 of this act transferring the
proceeding to this state.
(f) Not later than ninety (90) days after issuance of a final
order accepting transfer of a guardianship or conservatorship, the
court shall determine whether the guardianship or conservatorship
needs to be modified to conform to the law of this state.
(g) In granting a petition under this section, the court shall
recognize a guardianship or conservatorship order from the other
state, including the determination of the incapacitated or protected
person’s incapacity and the appointment of the guardian or
conservator.
(h) The denial by a court of this state of a petition to accept
a guardianship or conservatorship transferred from another state
Oklahoma Statutes - Title 30. Guardian and Ward Page 72
does not affect the ability of the guardian or conservator to seek
appointment as guardian or conservator in this state under Section
3-101 of Title 30 of the Oklahoma Statutes if the court has
jurisdiction to make an appointment other than by reason of the
provisional order of transfer.
(a) To confirm transfer of a guardianship or conservatorship
transferred to this state under provisions similar to Section 15 of
this act, the guardian or conservator shall petition the court in
this state to accept the guardianship or conservatorship. The
petition shall include a certified copy of the other state’s
provisional order of transfer.
(b) Notice of a petition under subsection (a) of this section
shall be given to those persons that would be entitled to notice if
the petition were a petition for the appointment of a guardian or
issuance of a protective order in both the transferring state and
this state. The notice shall be given in the same manner as notice
is required to be given in this state.
(c) On the court’s own motion or on request of the guardian or
conservator, the incapacitated or protected person, or other person
required to be notified of the proceeding, the court shall hold a
hearing on a petition filed pursuant to subsection (a) of this
section.
(d) The court shall issue an order provisionally granting a
petition filed under subsection (a) of this section unless:
(1) An objection is made and the objector establishes that
transfer of the proceeding would be contrary to the interests of the
incapacitated or protected person; or
(2) The guardian or conservator is ineligible for appointment
in this state.
(e) The court shall issue a final order accepting the
proceeding and appointing the guardian or conservator as guardian or
conservator in this state upon its receipt from the court from which
the proceeding is being transferred of a final order issued under
provisions similar to Section 15 of this act transferring the
proceeding to this state.
(f) Not later than ninety (90) days after issuance of a final
order accepting transfer of a guardianship or conservatorship, the
court shall determine whether the guardianship or conservatorship
needs to be modified to conform to the law of this state.
(g) In granting a petition under this section, the court shall
recognize a guardianship or conservatorship order from the other
state, including the determination of the incapacitated or protected
person’s incapacity and the appointment of the guardian or
conservator.
(h) The denial by a court of this state of a petition to accept
a guardianship or conservatorship transferred from another state
Oklahoma Statutes - Title 30. Guardian and Ward Page 72
does not affect the ability of the guardian or conservator to seek
appointment as guardian or conservator in this state under Section
3-101 of Title 30 of the Oklahoma Statutes if the court has
jurisdiction to make an appointment other than by reason of the
provisional order of transfer.
Status: in_force · Read it on the official government site
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