Oklahoma is one of many states that can automatically remove the right of an adult to vote once they are placed under a guardianship. The potential ward, guardian or other adults can make persuasive statements to the judge to protect an adult’s right to vote. However, a judge’s ruling of “total incompetence” does include denying voting rights (fact checked with the Oklahoma Disability Law Center). The process to have voting rights restored is available here.
The following explain guardianship as well as other options:
A state by state guide on adult guardianship can be found here.
A brief article, Guardianship Is Not Self-Determination, by Kathy Harris, 2012.
Here is the Oklahoma law concerning guardians and wards:
Title 30. Guardian and Ward
Oklahoma Guardianship and Conservatorship Act
Appointment of Guardian
Article Article III – Adults
Section 3-106 – Rights of Incapacitated or Partially Incapacitated Person –
A. In all hearings conducted pursuant to Article III of the Oklahoma Guardianship and Conservatorship Act, an individual who is alleged to be or found to be an incapacitated or partially incapacitated person shall have a right to:
1. Notice as provided in Section 3-110 of this title;
2. Be present at such hearings;
3. Compel the attendance of witnesses;
4. Present evidence;
5. Cross-examine witnesses;
6. Appeal adverse orders and judgments as provided by the rules of civil procedure;
7. Representation by court-appointed counsel upon request; and
8. Request that the proceedings be closed to the public.
B. The requirement of notice to the subject of the proceeding shall not be waived. The requirement that the subject of the proceeding be present at a hearing may be waived only for good cause shown. The court shall make inquiries to determine whether there is sufficient cause to waive the right to be present. Whenever the requirement that the subject of the proceeding be present is waived, the court shall make a finding on the record as to the reason the subject of the proceeding is not present at the proceeding and the alternatives which were considered to enable the subject of the proceeding to be present.
C. Any person may apply for permission to participate in a proceeding or to be admitted to a proceeding which has been closed to the public. The court may grant the request to participate upon determining that the best interest of the subject of the proceeding will be served thereby. The court may, for good cause shown, grant the request of such person for permission to be admitted to the closed proceeding upon determining that said person has a legitimate interest in the proceedings. In granting either request, the court may impose any appropriate conditions it deems necessary.
D. If the subject of the proceeding is under the influence of psychotropic medication, during any judicial hearing held pursuant to the Oklahoma Guardianship and Conservatorship Act, the court shall be advised of this fact, the purpose of the medication, and the effect which it may have on the individual’s actions, demeanor and participation at the hearing.
E. Statements of individuals alleged or found to be partially incapacitated or incapacitated persons made during the course of the evaluations, examinations and treatment pursuant to the Oklahoma Guardianship and Conservatorship Act shall be privileged and confidential. Such statements shall not be admissible without the individual’s consent in any civil or criminal proceeding other than a proceeding held pursuant to the Oklahoma Guardianship and Conservatorship Act.
F. A party to a proceeding held pursuant to the Oklahoma Guardianship and Conservatorship Act may be relieved of court costs and filing fees as specified by Section 152 of Title 28 of the Oklahoma Statutes or as provided by Section 192 of Title 56 of the Oklahoma Statutes.
G. At the request of any party to a proceeding pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act, the court shall order that a stenographic or mechanical record of the proceeding be made.
- Guiding truths that shape the way individuals, families and service providers interact
- Establish common ground upon which individuals, families, advocates and service providers operate
- Form the basis for program policy and practice.
WHEN WE ENGAGE WITH INDIVIDUALS AND FAMILIES WE WILL…
HONOR THEIR EXPERTISEand right to make choices that they know to be in their own best interest
RESPECT AND ACCEPT THEIR VALUESthat are based in personal preferences, cultural beliefs and life-ways
SUPPORT INDIVIDUAL AND FAMILY RELATIONSHIPS that are safe, stable and long lasting
FOCUS ON THE ENTIRE FAMILY as it is defined by the family
PROMOTE FLEXIBLE SERVICE AND FUNDING supporting individual and family control over who, what, when, where and how supports are provided
AFFIRM LIFESPAN PLANNING AND SELF-DETERMINATION that encourages decision-making and planning for independence beginning within the family when children are young, following the individual throughout their life and including aging issues
ASSURE PARTNERSHIPS WHICH ACTIVELY INCLUDE INDIVIDUALS AND FAMILIESin planning, development, implementation and evaluation of policies, practices and personal programs
PRACTICE OPEN COMMUNICATIONpromoting a clear understanding of all aspects of systems policy, procedure, practice and all other information regarding them
RECOGNIZE THE IMPORTANCE OF THE COMMUNITY, where individuals and their families belong and realize their full potential
All people need enduring, stable family and community relationships. All families need support at times in their lives to maintain these lasting relationships. Individual and family support must assist across the lifespan, supporting the child within the family and the individual reaching independence. This assistance builds on natural sources of support including extended families, friends, neighbors and community associations. The way support is provided is a reflection of what we believe about individuals and families, a way of thinking about individuals and families and a way of engaging with individuals and families.
Developed by Members of the Oklahoma Family Support Council
Endorsed By These Organizations
Center for Learning and Leadership / UCEDD
Down Syndrome Association of Central Oklahoma (DSACO)
Family Perspectives Committee of the Oklahoma Commission on Children and Youth
Mom’s Group, Tulsa Advocates for the Rights of Citizens with Developmental Disabilities
Norman Social Services Coordination Council
Oklahoma Adoption Coalition
Oklahoma Chapter – National Association of Social Workers
Oklahoma Developmental Disabilities Council
Oklahoma Family Network
Oklahoma Family Resource Coalition
Oklahoma Respite Resource Network
Oklahoma Olmstead Strategic Planning Committee
United Cerebral Palsy of Oklahoma
Woodward Chapter — People First
Resources that help you plan for your family’s financial future: