Oklahoma Adult Guardianship / Conservatorship Petition Packet

Oklahoma Adult Guardianship / Conservatorship Petition Packet

Part 1 — Pre-Petition Checklist

Part 2 — Verified Petition for Appointment of Guardian / Conservator

(30 O.S. § 1-115)

Caption

IN THE DISTRICT COURT OF [__________________] COUNTY
STATE OF OKLAHOMA
CASE NO. PG-[__________]

VERIFIED PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON AND/OR PROPERTY

Petitioner respectfully shows:

1. Petitioner. [PETITIONER NAME], an adult resident of [_______________], Oklahoma, whose relationship to the Subject is [______________________________].

2. Subject.

• Full legal name: [______________________________]
• Date of birth: [__/__/____]; Age: [____]
• Address (current residence): [______________________________]
• Social Security Number (filed under seal): [_______________]

3. Venue. Venue is proper under 30 O.S. § 1-114 because the Subject resides in [_______________] County, Oklahoma.

4. Allegations of Incapacity (30 O.S. § 1-111; § 3-101).

Subject is an incapacitated person because by reason of:

☐ Mental illness as defined by 43A O.S. § 1-103
☐ Intellectual or developmental disability as defined by 10 O.S. § 1430.2
☐ Physical illness or disability
☐ Drug or alcohol dependency as defined by 43A O.S. § 3-403
☐ Other similar cause: [_______________]

Subject's ability to receive and evaluate information effectively or to make and communicate responsible decisions is impaired such that Subject:

☐ Lacks the capacity to meet essential requirements for physical health or safety
☐ Is unable to manage financial resources

Specific facts: [____________________________________________________________].

5. Type of Guardianship Requested.

☐ General Guardian of the Person
☐ General Guardian of the Property
☐ General Guardian of the Person and Property
☐ Limited Guardian (specify limited powers): [______________________________]
☐ Special Guardian (emergency) under 30 O.S. § 3-115 — separate motion attached

6. Less Restrictive Alternatives.

7. Proposed Guardian.

• Name: [______________________________]
• Address: [______________________________]
• Relationship: [_______________]
• Not disqualified under 30 O.S. § 4-105: ☐ Confirmed
• Willing and able to post bond: ☐ Yes / Bond amount: $[__________]

8. Estate of Subject.

9. Bond Calculation (30 O.S. § 1-115). Petitioner proposes bond in the amount of $[__________] (sum of personal property value + estimated one year of income), with corporate surety, unless waived by the Court.

10. Next of Kin / Persons Entitled to Notice (30 O.S. § 1-116).

11. Existing Instruments.

☐ None known
☐ Durable POA to [_______________] dated [__/__/____]
☐ Advance Directive / Living Will to [_______________] dated [__/__/____]
☐ Trust naming [_______________] as trustee

12. Pending Litigation involving Subject. ☐ None. ☐ [_______________]

13. Guardianship Plan (30 O.S. § 3-105). A proposed Guardianship Plan is attached as Exhibit A.

WHEREFORE, Petitioner prays that the Court:

(a) Set this matter for hearing;
(b) Order notice to Subject and all persons entitled under 30 O.S. § 1-116;
(c) Appoint a guardian ad litem under 30 O.S. § 1-118 if appropriate;
(d) Order evaluation under 30 O.S. § 3-106;
(e) Adjudge Subject incapacitated (or partially incapacitated) and appoint the proposed guardian/conservator;
(f) Fix bond and issue Letters of Guardianship;
(g) Grant such other relief as is just.

VERIFICATION

STATE OF OKLAHOMA · COUNTY OF [_______________]

I, [PETITIONER], being first duly sworn, depose and state that I am the Petitioner, that I have read the foregoing Petition, and that the matters therein are true to the best of my knowledge, information, and belief.

___________________________________
[PETITIONER]

Subscribed and sworn to before me this [____] day of [_______________], 20[____].

___________________________________
Notary Public · My commission expires: [__/__/____]

Counsel for Petitioner:
[ATTORNEY NAME], OBA No. [_______]
[FIRM] · [ADDRESS] · [PHONE] · [EMAIL]

Part 3 — Notice to Subject (Proposed Ward)

(30 O.S. § 1-116; § 3-101)

TO: [PROPOSED WARD FULL NAME]

A Petition has been filed in the District Court of [_______________] County, State of Oklahoma, requesting that you be adjudged incapacitated (or partially incapacitated) and that a guardian be appointed for you.

Hearing Date: [__/__/____] at [__:__] [AM/PM]
Location: [______________________________]

YOUR RIGHTS (30 O.S. § 3-101):

• ☐ Right to be present at every stage of the proceeding.
• ☐ Right to be represented by counsel of your choice (or court-appointed if requested/required).
• ☐ Right to present evidence and cross-examine witnesses.
• ☐ Right to demand trial by jury on the issue of incapacity.
• ☐ Right to a closed hearing if requested.
• ☐ Right to a written evaluation by a physician or other qualified professional (30 O.S. § 3-106).
• ☐ Right to appeal any decision.

If a guardian is appointed, you may lose authority to make decisions about your medical care, residence, finances, contracts, and other personal affairs.

Dated: [__/__/____]

___________________________________
Petitioner's Counsel / Court Clerk

Part 4 — Notice to Interested Parties

(30 O.S. § 1-116)

Notice of the Petition and hearing is given to each of the persons listed in Section 10 of the Petition. Notice shall be served at least ten (10) days before the hearing by personal service or certified mail.

Certificate of Service

___________________________________
Affiant · Date: [__/__/____]

Part 5 — Evaluation Report (30 O.S. § 3-106)

A. Physician's Statement

I, Dr. [_______________], M.D./D.O., Oklahoma License No. [_______], having examined [PROPOSED WARD] on [__/__/____], state:

Signature: ___________________________________ Date: [__/__/____]

B. Psychological / Cognitive Evaluation

I, [_______________], Ph.D./Psy.D./LCSW, Lic. No. [_______], having evaluated [PROPOSED WARD] on [__/__/____], state:

Signature: ___________________________________ Date: [__/__/____]

Part 6 — Order Appointing Guardian ad Litem (30 O.S. § 1-118)

The Court, having reviewed the Petition, and finding that the appointment of a guardian ad litem is appropriate, APPOINTS [______________________________], an attorney licensed in Oklahoma, as Guardian ad Litem for the Subject. The GAL shall investigate and report to the Court regarding the best interests of the Subject and may participate in all hearings.

___________________________________
DISTRICT JUDGE · Date: [__/__/____]

Part 7 — Less Restrictive Alternative Analysis

(30 O.S. § 1-105 — least restrictive principle)

Conclusion: A ☐ general ☐ limited guardianship is the least restrictive means available because: [____________________________________________________________].

Part 8 — Bond

(30 O.S. § 1-115; § 3-108)

Part 9 — Notice of Hearing

IN THE DISTRICT COURT OF [_______________] COUNTY · CASE NO. PG-[__________]

TAKE NOTICE that the Verified Petition will be heard on [__/__/____] at [__:__] [AM/PM] in Courtroom [____] of the [_______________] County Courthouse, [______________________________].

Dated: [__/__/____]

___________________________________
Court Clerk

Part 10 — Findings, Order, and Letters of Guardianship

Order

After hearing on [__/__/____] and review of the Petition, evaluation report, GAL report, and evidence, the Court FINDS by clear and convincing evidence:

1. The Court has jurisdiction and venue is proper.
2. Notice was properly given.
3. Subject is ☐ incapacitated ☐ partially incapacitated under 30 O.S. § 1-111.
4. Less restrictive alternatives are inadequate.
5. The proposed guardian is qualified and not disqualified under 30 O.S. § 4-105.
6. Appointment of a guardian is in Subject's best interest.

IT IS ORDERED:

• ☐ [GUARDIAN NAME] is APPOINTED ☐ General Guardian ☐ Limited Guardian of the ☐ Person ☐ Property ☐ Both.
• ☐ Powers granted: [______________________________].
• ☐ Rights retained by Ward: [______________________________].
• ☐ Bond in the sum of $[__________] required.
• ☐ Letters of Guardianship shall issue on qualification.
• ☐ Initial Inventory due within 90 days under 30 O.S. § 4-305.
• ☐ Annual Plan and Annual Report due under 30 O.S. § 4-306.

___________________________________
DISTRICT JUDGE · Date: [__/__/____]

Letters of Guardianship

STATE OF OKLAHOMA · DISTRICT COURT OF [_______________] COUNTY

These Letters of Guardianship certify that [GUARDIAN NAME] has been duly appointed ☐ General ☐ Limited Guardian of the ☐ Person ☐ Property ☐ Both of [WARD NAME] by Order entered [__/__/____], and is empowered to act with the authority set forth in said Order.

Issued: [__/__/____]

___________________________________
Court Clerk

Part 11 — Initial Inventory and Annual Reports

Initial Inventory (30 O.S. § 4-305) — file within 90 days

Annual Plan and Annual Report (30 O.S. § 4-306)

• Guardianship Plan — within 60 days of appointment and annually thereafter; sets out care and financial management plan.
• Annual Report of Guardian of the Person — describes Ward's residence, condition, medical care, and need for continued guardianship.
• Annual Report of Guardian of the Property — itemizes all receipts and disbursements, ending balances, and supporting statements.

Sources and References

• Oklahoma Statutes Title 30 (Guardian and Ward): https://oksenate.gov/sites/default/files/2022-05/os30.pdf
• Oklahoma Statutes (OSCN): https://www.oscn.net/applications/oscn/index.asp?ftdb=STOK
• Oklahoma Bar Journal, "The Last Resort: Title 30 Adult Guardianship" (Sept. 2024): https://www.okbar.org/barjournal/september-2024/the-last-resort-title-30-adult-guardianship/
• Oklahoma AOC Handbook for Guardians

End of Oklahoma Adult Guardianship / Conservatorship Petition Packet.