IN THE DISTRICT COURT OF [COUNTY] COUNTY, STATE OF OKLAHOMA
PROBATE DIVISION

In the Matter of the Guardianship of
[WARD FULL LEGAL NAME], an [Adult/Minor] Alleged to be
[Incapacitated/Minor],
Case No. [______]

PETITION FOR APPOINTMENT OF
[ LIMITED / GENERAL ] GUARDIAN OF THE [ PERSON ] AND/OR [ ESTATE ]

Filed: _____ (Effective Date)
Jurisdiction: State of Oklahoma – Probate Division of the District Court

[// GUIDANCE: File this petition in the county where the Ward resides or may be found, or where the Ward’s property is located, per 30 O.S. § 1-115.]

TABLE OF CONTENTS

1. DOCUMENT HEADER
2. DEFINITIONS
3. OPERATIVE PROVISIONS
   3.1 Jurisdiction & Venue
   3.2 Parties Identification
   3.3 Guardianship Standards & Basis
   3.4 Scope of Guardianship Requested
   3.5 Property Schedule & Bond Requirements
   3.6 Reporting & Compliance Obligations
4. REPRESENTATIONS & WARRANTIES
5. COVENANTS & RESTRICTIONS
6. DEFAULT & REMEDIES
7. RISK ALLOCATION
8. DISPUTE RESOLUTION
9. GENERAL PROVISIONS
10. EXECUTION BLOCK
11. VERIFICATION & NOTARY

1. DOCUMENT HEADER

Petitioner, [PETITIONER FULL LEGAL NAME] (“Petitioner”), by and through undersigned counsel, respectfully petitions this Court pursuant to the Oklahoma Guardianship and Conservatorship Act, Okla. Stat. tit. 30, §§ 1-101 et seq. (the “Act”), for appointment of a [Limited/General] Guardian of the [Person] and/or [Estate] for [WARD FULL LEGAL NAME] (the “Proposed Ward”).

Recitals
A. The Proposed Ward is currently domiciled at [Ward Address] and is an [age]-year-old [adult/minor].
B. Due to the conditions described herein, the Proposed Ward is unable to manage [his/her] person and/or property without assistance.
C. Petitioner seeks appointment of [PROPOSED GUARDIAN NAME] (“Proposed Guardian”) and states as follows:

2. DEFINITIONS

For purposes of this Petition, the following terms have the meanings set forth below and apply equally to singular and plural forms:

“Act” – The Oklahoma Guardianship and Conservatorship Act, Okla. Stat. tit. 30, §§ 1-101 et seq.

“Bond” – The surety bond required under Section [4-201 et seq.] of the Act or as otherwise fixed by this Court, securing faithful performance of fiduciary duties.

“Court” – The Probate Division of the District Court of [County] County, Oklahoma.

“Inventory” – The written statement of the Ward’s assets, income, and liabilities required to be filed within sixty (60) days of Letters issuing.

“Petitioner” – The party initiating this proceeding, identified in Section 3.2.

“Proposed Guardian” – The individual or entity nominated herein to serve as Guardian.

“Proposed Ward” or “Ward” – The person for whom guardianship protection is sought.

“Reporting Requirements” – The annual plan, annual accounting, and any interim reports mandated under the Act or court order.

[// GUIDANCE: Add or modify defined terms as necessary for complex estates or co-guardianships.]

3. OPERATIVE PROVISIONS

3.1 Jurisdiction & Venue

1. This Court has subject-matter jurisdiction under the Act.
2. Venue is proper in [County] County because the Proposed Ward:
   a. Resides in this county; OR
   b. Owns real or personal property located in this county.

3.2 Parties Identification

1. Petitioner: [Petitioner Full Legal Name], aged [__], relationship to Ward: [parent/relative/other], residing at [Address], telephone: [___].
2. Proposed Guardian (if different): [Proposed Guardian Full Legal Name], aged [__], relationship to Ward: [parent/relative/CPA/other], residing at [Address], telephone: [___].
3. Proposed Ward: [Ward Full Legal Name], date of birth [DOB], SSN last four [____], current residence [Address].
4. Relatives of the Proposed Ward within the second degree are listed on Schedule A attached hereto as required by the Act.

3.3 Guardianship Standards & Basis

1. The Proposed Ward is alleged to be:
   a. [“An incapacitated person” within the meaning of 30 O.S. § 1-111] OR
   b. [A minor under the age of 18 years].
2. Less-restrictive alternatives (e.g., powers of attorney, advance directives, representative payee) have been considered and are insufficient to protect the Ward’s best interests.
3. Appointment of a [Limited/General] Guardian is necessary to provide for:
   a. Support, health care, and personal affairs; and/or
   b. Management of assets and financial transactions.

3.4 Scope of Guardianship Requested

1. Person: authority to make medical, educational, and residential decisions, subject to Court oversight.
2. Estate: authority to collect income, pay debts, manage investments, and engage in legal transactions exceeding [$_____] with prior Court approval.
3. Specific Powers Sought:
   a. [Power to consent to surgery]
   b. [Authority to place Ward in skilled-care facility]
   c. [Authority to apply for government benefits]
   d. [Add/omit as appropriate]

[// GUIDANCE: Tailor requested powers to avoid over-breadth; Oklahoma courts favor “least-restrictive” grants.]

3.5 Property Schedule & Bond Requirements

1. Estimated value of personal property: [$_____]
2. Estimated annual income: [$_____]
3. Estimated value of real property: [$_____]
4. Recommended Bond amount: [Not less than value of personal property + one year’s income OR as the Court directs].
5. Petitioner requests authorization to procure a corporate surety Bond and to file same within ten (10) days after entry of Letters.

3.6 Reporting & Compliance Obligations

1. Inventory: to be filed within sixty (60) days of Letters.
2. Guardianship Plan: to be filed within sixty (60) days, updated annually.
3. Annual Report & Accounting: filed within thirty (30) days after anniversary of appointment.
4. Notice: Petitioner shall serve statutory notices on all interested persons listed on Schedule A and file proof of service.

4. REPRESENTATIONS & WARRANTIES

Petitioner represents, warrants, and certifies that:
1. Petitioner is not disqualified from serving as Guardian under 30 O.S. § 4-101.
2. No prior guardianship or conservatorship regarding the Proposed Ward is pending in any jurisdiction.
3. All statements contained herein are true and correct to the best of Petitioner’s knowledge, information, and belief, formed after reasonable inquiry.
4. Petitioner will faithfully discharge fiduciary duties imposed by the Act and applicable common law.

[// GUIDANCE: Consider attaching criminal background check of Proposed Guardian to expedite hearing.]

5. COVENANTS & RESTRICTIONS

1. Guardian shall exercise powers only as expressly granted by Court order.
2. Guardian shall obtain Court approval before:
   a. Selling, mortgaging, or leasing real property;
   b. Making gifts exceeding $[_____] in any calendar year;
   c. Moving Ward outside Oklahoma for more than thirty (30) consecutive days.
3. Guardian shall maintain segregated fiduciary bank accounts titled “[WARD NAME] Guardianship Estate, [Guardian Name], Guardian.”
4. Guardian shall comply with all Reporting Requirements and keep contemporaneous records.

6. DEFAULT & REMEDIES

1. Events of Default include, without limitation:
   a. Failure to file required reports within statutory deadlines;
   b. Misappropriation or commingling of estate assets;
   c. Violation of any Court order or fiduciary duty.
2. Upon Default, the Court may:
   a. Suspend or remove the Guardian;
   b. Impose surcharges;
   c. Call the Bond and award damages;
   d. Issue protective or injunctive relief.
3. The prevailing party in any enforcement proceeding shall recover reasonable attorney fees and costs as allowed by law.

7. RISK ALLOCATION

1. Indemnification: The Guardianship Estate shall indemnify the Guardian for losses incurred in good-faith performance of duties, except for losses arising from willful misconduct, gross negligence, or breach of fiduciary duty.
2. Liability Cap: The Bond shall serve as the primary source for satisfaction of monetary judgments against the Guardian in such capacity, subject to statutory limitations.
3. Insurance: Guardian shall maintain liability insurance in a minimum coverage amount of [$_____] per occurrence, naming the Estate as an additional insured.

8. DISPUTE RESOLUTION

1. Governing Law: This proceeding is governed exclusively by the Act and Oklahoma procedural rules.
2. Forum Selection: All matters shall be heard in the Probate Division of the District Court of [County] County, Oklahoma.
3. Arbitration: Not available; the Probate Court retains exclusive jurisdiction.
4. Jury Waiver: Jury trials are not available in routine guardianship proceedings absent statutory exception.
5. Injunctive Relief: The Court retains authority to issue temporary restraining orders and other protective orders to safeguard the Ward.

9. GENERAL PROVISIONS

1. Amendment & Waiver: Any amendment to the guardianship plan or this Petition shall be made only by subsequent written filing and Court order; no informal waiver is effective.
2. Successors & Assigns: Unless otherwise ordered, all duties herein bind any successor guardian.
3. Severability: If any provision of this Petition is deemed unenforceable, the remaining provisions shall remain in full force to the extent consistent with the Act.
4. Integration: This Petition, together with all schedules and required statutory forms, constitutes the entire request for relief.

10. EXECUTION BLOCK

Respectfully submitted this ___ day of ____, 20__.

[ATTORNEY NAME], OBA No. [____]
[Law Firm Name]
[Address]
[Telephone] | [Email]
ATTORNEY FOR PETITIONER

[PETITIONER NAME], Petitioner
Address: [_]
Phone: [_]

11. VERIFICATION & NOTARY

STATE OF OKLAHOMA )
) ss:
COUNTY OF __ )

I, [PETITIONER NAME], being duly sworn, state under penalty of perjury that I am the Petitioner named above; that I have read the foregoing Petition and know the contents thereof; and that the statements therein are true and correct to the best of my knowledge, information, and belief.

[PETITIONER NAME], Petitioner

Subscribed and sworn before me this ___ day of ____, 20__.

Notary Public
Commission No.: _
My Commission Expires: _

SCHEDULE A

List of Relatives Within the Second Degree
| Name | Relationship | Address | Telephone |
|------|--------------|---------|-----------|
| [_] | [] | [_] | [] |
(Add rows as needed)

[// GUIDANCE: Attach additional schedules for medical affidavits, financial statements, or consents.]