Okla. Stat. tit. 30, § 30-4-105
This is the official text of Okla. Stat. tit. 30, § 30-4-105, 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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Inquiry into suitability of person proposed to serve as
Official statutory text
guardian
A. In conducting an inquiry to determine whether a person is
suitable to serve as a guardian, the court shall determine if:
1. The person proposed to serve as guardian is a minor or an
incapacitated or partially incapacitated person;
2. The person proposed to serve as guardian and each adult
member of the proposed guardian's household has a record of a
criminal conviction, protective order, or pending criminal charge.
When requested by the court, the petitioner shall present to the
court an Oklahoma State Bureau of Investigation (OSBI) criminal
background check for the proposed guardian and any adult household
member evidencing no record of a criminal conviction in the OSBI
Oklahoma Statutes - Title 30. Guardian and Ward Page 76
criminal history repository based on the search criteria provided.
The petitioner shall disclose the case name and status of any civil
or criminal matter in state or federal court involving the proposed
guardian or any adult household member of the proposed guardian;
3. The person proposed to serve as guardian is insolvent or has
declared bankruptcy during five (5) years prior to the filing of the
pleading proposing such person to serve as guardian;
4. The person proposed to serve as guardian is under any
financial obligation to the ward; or
5. There exists a conflict of interest which would preclude or
be substantially detrimental to the ability of the person to act in
the best interest of the subject of the proceeding if such person is
appointed.
B. No minor or incapacitated person shall be appointed guardian
of an incapacitated or partially incapacitated person.
C. If the person proposed to serve has a criminal conviction,
protective order, pending criminal charge, or other civil or
criminal matter in state or federal court, the court shall make
further inquiry into the nature of such conviction, order, charge or
matter and the surrounding circumstances. The court shall appoint
such person proposed to serve only upon determining that the facts
underlying the circumstances do not give rise to a reasonable belief
that the person proposed to serve will be unfaithful to or
neglectful of the fiduciary and care responsibilities of the
guardian, and that the appointment is in the best interest of the
ward.
D. If the person proposed to serve as guardian or limited
guardian of the property of an incapacitated or partially
incapacitated person is insolvent or has declared bankruptcy within
five (5) years prior to the filing of the pleading proposing that
such person serve, the court shall appoint such person only after
giving due consideration to the nature and extent of the property of
the ward and the anticipated actions necessary to manage the estate
of the ward, and only upon a determination that such appointment is
in the best interest of the ward. Insolvency or bankruptcy shall
have no effect on the qualification of a person proposed to serve as
guardian or limited guardian of the person of an incapacitated or
partially incapacitated person.
E. If the person proposed to serve as guardian or limited
guardian of the property of an incapacitated or partially
incapacitated person is under any financial obligation to the ward,
the court shall make further inquiry into the nature and extent of
such obligation. The court shall appoint the person proposed to
serve only after a determination that such obligation will not
impair the ability of the person proposed to serve to discharge the
person's fiduciary responsibilities, and that the appointment is in
the best interest of the ward. Being under financial obligation to
Oklahoma Statutes - Title 30. Guardian and Ward Page 77
the ward shall have no effect on the qualification of a person
proposed to serve as guardian or limited guardian of the person of
an incapacitated or partially incapacitated person.
F. A current or potential conflict of interest which is not
nd that the appointment is in
the best interest of the ward. Being under financial obligation to
Oklahoma Statutes - Title 30. Guardian and Ward Page 77
the ward shall have no effect on the qualification of a person
proposed to serve as guardian or limited guardian of the person of
an incapacitated or partially incapacitated person.
F. A current or potential conflict of interest which is not
substantial and not likely to preclude or impair the ability of a
person proposed to serve as a guardian acting in the best interest
of the person's ward shall not, by itself, disqualify such person
from appointment.
G. Only a person who is a citizen or legal resident of or
legally present in the United States of America shall be eligible to
be appointed guardian of the property or person of a minor or an
incapacitated or partially incapacitated person by the courts of
this state, unless the court determines that there are no such
qualified individuals available to serve as guardian and that it is
in the best interest of the minor or incapacitated or partially
incapacitated person to appoint a person without such
qualifications.
A. In conducting an inquiry to determine whether a person is
suitable to serve as a guardian, the court shall determine if:
1. The person proposed to serve as guardian is a minor or an
incapacitated or partially incapacitated person;
2. The person proposed to serve as guardian and each adult
member of the proposed guardian's household has a record of a
criminal conviction, protective order, or pending criminal charge.
When requested by the court, the petitioner shall present to the
court an Oklahoma State Bureau of Investigation (OSBI) criminal
background check for the proposed guardian and any adult household
member evidencing no record of a criminal conviction in the OSBI
Oklahoma Statutes - Title 30. Guardian and Ward Page 76
criminal history repository based on the search criteria provided.
The petitioner shall disclose the case name and status of any civil
or criminal matter in state or federal court involving the proposed
guardian or any adult household member of the proposed guardian;
3. The person proposed to serve as guardian is insolvent or has
declared bankruptcy during five (5) years prior to the filing of the
pleading proposing such person to serve as guardian;
4. The person proposed to serve as guardian is under any
financial obligation to the ward; or
5. There exists a conflict of interest which would preclude or
be substantially detrimental to the ability of the person to act in
the best interest of the subject of the proceeding if such person is
appointed.
B. No minor or incapacitated person shall be appointed guardian
of an incapacitated or partially incapacitated person.
C. If the person proposed to serve has a criminal conviction,
protective order, pending criminal charge, or other civil or
criminal matter in state or federal court, the court shall make
further inquiry into the nature of such conviction, order, charge or
matter and the surrounding circumstances. The court shall appoint
such person proposed to serve only upon determining that the facts
underlying the circumstances do not give rise to a reasonable belief
that the person proposed to serve will be unfaithful to or
neglectful of the fiduciary and care responsibilities of the
guardian, and that the appointment is in the best interest of the
ward.
D. If the person proposed to serve as guardian or limited
guardian of the property of an incapacitated or partially
incapacitated person is insolvent or has declared bankruptcy within
five (5) years prior to the filing of the pleading proposing that
such person serve, the court shall appoint such person only after
giving due consideration to the nature and extent of the property of
the ward and the anticipated actions necessary to manage the estate
of the ward, and only upon a determination that such appointment is
in the best interest of the ward. Insolvency or bankruptcy shall
have no effect on the qualification of a person proposed to serve as
guardian or limited guardian of the person of an incapacitated or
partially incapacitated person.
E. If the person proposed to serve as guardian or limited
guardian of the property of an incapacitated or partially
incapacitated person is under any financial obligation to the ward,
the court shall make further inquiry into the nature and extent of
such obligation. The court shall appoint the person proposed to
serve only after a determination that such obligation will not
impair the ability of the person proposed to serve to discharge the
person's fiduciary responsibilities, and that the appointment is in
the best interest of the ward. Being under financial obligation to
Oklahoma Statutes - Title 30. Guardian and Ward Page 77
the ward shall have no effect on the qualification of a person
proposed to serve as guardian or limited guardian of the person of
an incapacitated or partially incapacitated person.
F. A current or potential conflict of interest which is not
nd that the appointment is in
the best interest of the ward. Being under financial obligation to
Oklahoma Statutes - Title 30. Guardian and Ward Page 77
the ward shall have no effect on the qualification of a person
proposed to serve as guardian or limited guardian of the person of
an incapacitated or partially incapacitated person.
F. A current or potential conflict of interest which is not
substantial and not likely to preclude or impair the ability of a
person proposed to serve as a guardian acting in the best interest
of the person's ward shall not, by itself, disqualify such person
from appointment.
G. Only a person who is a citizen or legal resident of or
legally present in the United States of America shall be eligible to
be appointed guardian of the property or person of a minor or an
incapacitated or partially incapacitated person by the courts of
this state, unless the court determines that there are no such
qualified individuals available to serve as guardian and that it is
in the best interest of the minor or incapacitated or partially
incapacitated person to appoint a person without such
qualifications.
Status: in_force · Read it on the official government site
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