Oklahoma Statutes

Okla. Stat. tit. 30, § 3-117 (2026)

Presumption of capacity when guardian discharged without

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appointment of another. Whenever a guardian or limited guardian who has been appointed for an incapacitated or partially incapacitated person has been discharged by the final order of a court having jurisdiction thereof, and no other guardian has been appointed for said person by a court of competent jurisdiction, the person for whom said guardian had been appointed shall be presumed to be fully restored and shall be presumed to be fully capable and competent to make contracts and

transact any and all business as though said person had never been declared to be incapacitated or partially incapacitated. Added by Laws 1947, p. 346, § 1. Amended by Laws 1988, c. 329, § 54, eff. Dec. 1, 1988. Renumbered from Title 58, § 855 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 39, operative July 1, 1990.

Notes of Decisions
Cited in 1 case, 2016–2016 · leading case: Blair v. Richardson, 2016 OK 96.
Blair v. Richardson, 2016 OK 96. “855 , Renumbered as 30 O.S. § 3-117 by Laws 1988, HB 1078, c.”
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