Okla. Stat. tit. 30, § 30-4-308

Appointment of counsel to represent ward - Joinder of separate

applications or objections - Evaluation of ward - Hearing without

notice.

A. After the appointment of a guardian, the ward, any person

interested in the welfare of the ward, or a guardian may make

application to the court for:

1. Termination of the guardianship;

2. Removal of the guardian;

3. Resolution of a dispute pertaining to the guardianship plan;

4. If the ward is an incapacitated or partially incapacitated

person, the imposition of additional restrictions upon the legal

capacity of the ward to act on his own behalf or the removal of one

or more existing restrictions; or

5. A review hearing.

B. Such application shall set forth:

1. The names and addresses of the individuals and entities

entitled to notice;

2. The relief requested; and

3. The alleged facts and reasons supporting the request.

C. Any person entitled to notice of the hearing on an

application filed pursuant to this section may object to the relief

requested in the application. If the ward is a minor, notice shall

be as provided by Section 2-101 of this title. If the ward is an

incapacitated or partially incapacitated person, notice shall be

given to those persons entitled to notice pursuant to paragraphs 1,

2, 3 and 7 of subsection A of Section 3-110 of this title and shall

be given as provided by Section 3-110 of this title and to the

attorney of the subject of the proceeding, if any, and if known to

the petitioner.

D. The court shall set an application filed pursuant to this

section for hearing on a date certain and shall cause notice to be

given to the persons entitled thereto by regular first-class mail at

least ten (10) days prior to such date. However, except for an

order terminating a guardianship, the court may enter an order

granting the relief requested in the application without notice if

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the court determines that such relief should be granted immediately.

In that event, the court may grant such relief on a temporary basis

and proceed to set the application for further hearing following the

giving of notice as provided by this subsection. At the hearing,

based upon the evidence adduced, the judge may continue, modify or

vacate his temporary order.

E. At the hearing held upon an application filed pursuant to

this section for which notice is required, the court may, based upon

the evidence adduced, enter an order granting or denying the relief

requested. At such hearing, the court also may make any other order

which the court deems to be in the best interests of the ward or the

estate of the ward. The court may also set for further hearing,

with prior notice to be given as provided in this section, any other

matter which the court deems should be considered in the best

interest of the ward or the estate of the ward.

F. With respect to any matter set for hearing pursuant to this

section, the court may appoint an attorney to represent at such

hearing a ward who is an incapacitated or partially incapacitated

person, in the same manner and with the same compensation as

provided in the Oklahoma Guardianship and Conservatorship Act for

appointment of an attorney for the subject of the proceeding

following the filing of a petition for appointment of a guardian or

limited guardian of the person or property of an alleged

incapacitated or partially incapacitated person. The appointment of

such attorney shall cease:

1. Upon the entry by the court of an order pertaining to the

matters considered at such hearing, unless the court otherwise

directs, either in the order appointing such attorney or in the

order pertaining to the matters considered at such hearing;

2. Unless an appeal is taken from the order of the court

pertaining to the matters considered at such hearing, in which event

such attorney shall continue to represent the ward until final
pertaining to the

matters considered at such hearing, unless the court otherwise

directs, either in the order appointing such attorney or in the

order pertaining to the matters considered at such hearing;

2. Unless an appeal is taken from the order of the court

pertaining to the matters considered at such hearing, in which event

such attorney shall continue to represent the ward until final

disposition or as otherwise ordered by the court; or

3. Upon application of said attorney, the court may allow the

attorney to withdraw from the case and shall appoint another

attorney to represent the subject of the proceeding in any appeal

proceeding.

G. After notice, the court may join the issues raised in

separate applications or separate objections for determination at a

single hearing, unless the court determines joinder would be

prejudicial to the interests of the ward.

H. As necessary and appropriate the court may order an

evaluation of the ward in connection with any guardianship

proceeding subsequent to the appointment of a guardian.

I. The court may hear an application other than with respect to

the matters set forth in subsection A of this section, with or

without notice as the court determines. If the court requires

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notice to be given, the court shall specify the persons to whom

notice shall be given and the manner and time in which such notice

shall be given.