2018 Oklahoma Statutes
Title 30. Guardian and Ward
§30-3-101. Petition for appointment of guardian.

Universal Citation: 30 OK Stat § 30-3-101 (2018)

A. Any person interested in the welfare of a person believed to be an incapacitated person or partially incapacitated person may file a petition alleging that such person is an incapacitated or partially incapacitated person, and request the appointment of a guardian.

B. The petition shall be verified and shall specify:

1. The names and addresses of persons entitled to notice pursuant to Section 3-110 of this title and to the attorney of the subject of the proceeding, if any, and if known to the petitioner;

2. The nature and degree of the alleged incapacity;

3. The relief requested and the facts and reasons supporting the need for such relief including, where applicable, a description of any acts or behavior of the subject of the proceeding which gave rise to the allegations; and

4. The estimated value of all intangible personal property of the ward.

C. A copy of the results of any physical, psychological or other appropriate professional evaluation of the condition of the subject of the proceeding which has been completed within sixty (60) days prior to the filing of the petition, may be attached to the petition at the time it is filed.

D. A guardianship plan or plans substantially in the form required by Section 3-120 or Section 3-122 of this title or both, as appropriate, may be attached to the petition at the time it is filed or may be submitted to the court at the time of the hearing.

E. Before making the appointment, the court may receive an investigation and report regarding the background and home of the prospective guardian. When required, the investigation and report of the prospective guardian and placement restrictions and requirements shall include a check for the petitioner and each adult member of the petitioner’s household establishing that there is no record of a criminal conviction, protective order or pending criminal charge. Additionally, the report shall include an Oklahoma State Bureau of Investigation name-based criminal background check for the petitioner and each adult member of the petitioner’s household establishing that no record of a criminal conviction exists in the OSBI 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, including but not limited to bankruptcy adjudications, involving the petitioner or any adult household member.

Added by Laws 1988, c. 329, § 38, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 25, operative July 1, 1990; Laws 2007, c. 364, § 1, emerg. eff. June 4, 2007.

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