Oklahoma

Adult Guardianship Statute: 
Okla Stat. tit. 30 1-101 to 6-102
Right to Counsel in Statute: Initial Guardianship Proceedings: 
Yes, Conditional
Right to Counsel in Statute: Post-Appointment Guardianship Proceedings: 
Yes, Conditional
Right to Counsel Statututory Citation: 
Okla. Stat. 30 §3-106(A)(7), 107(A), 107(F)(2)
Right to Counsel Definition in Statute: 
If at or prior to a hearing on a petition alleging a person to be an incapacitated or partially incapacitated person, or if at any point in the course of a proceeding pursuant to said petition, the subject of the proceeding is not represented by counsel, the court may appoint an attorney as provided in this section, and the court may at any time subsequent to the filing of said petition appoint a guardian ad litem to assist the court in making a determination as to whether or not an attorney should be appointed for the subject of the proceeding.
Advocacy Role of Counsel Defined in Statute: 
Not stated
Professional Rules &/or Ethics Opinions: 

"(a) The lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client. Comments: [1] Nevertheless, a client with diminished capacity often has the ability to understand, deliberate
upon, and reach conclusions about matters affecting the client’s own well-being. [2] The fact that a client suffers a disability does not diminish the lawyer’s obligation to treat the client with attention and respect. Even if the person has a legal representative, the lawyer should as far as possible accord the represented person the status of client, particularly in maintaining communication. [3] The client may wish to have family members or other persons participate in discussions with the lawyer. When necessary to assist in the representation, the presence of such persons generally does not affect the applicability of the attorney-client evidentiary privilege. Nevertheless, the lawyer must keep the client’s interests foremost and, except for protective action authorized under paragraph (b), must to look to the client, and not family members, to make decisions on the client’s behalf. [4] If a legal representative has already been appointed for the client, the lawyer should ordinarily look to the representative for decisions on behalf of the client. [6] In determining the extent of the client’s diminished capacity, the lawyer should consider and balance such factors as: the client’s ability to articulate reasoning leading to a decision, variability of state of mind and ability to appreciate consequences of a decision; the substantive fairness of a decision; and the consistency of a decision with the known long-term commitments and values of the client. In appropriate circumstances, the lawyer may seek guidance from an appropriate diagnostician." Okla. Prof. Conduct Rule 1.14.

Other Case Law: 
A guardianship proceeding poses the risk to the prospective ward of a massive curtailment of liberty as well as of the infliction of adverse social consequences. The ward must submit his person, estate, and business affairs to the control of the guardian. The ward’s freedom to choose his place of residence, to travel, and to carry on relationships with others is limited or terminated. Numerous statutory disabilities are placed upon a ward, including the loss of the right to remain licensed to practice a profession, to marry, to own or possess firearms, to operate a motor vehicle, to serve as a juror, and to remain registered to vote. Towne v. Hubbard, 3 P.3d 154, 159 (2000). The right to counsel is not a formality. It is not a grudging gesture to a ritualistic requirement. It is of the essence of justice. Id at 163.
Other Important Info: 

A. 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. B. The requirement that the subject of the proceeding be present at a hearing may be waived only for good cause shown. Ok. Stat. § 3-106. B. If after a full hearing and examination upon such petition, the court finds by clear and convincing evidence that the subject of the proceeding is an incapacitated or partially incapacitated person, the court shall appoint a guardian or limited guardian and shall issue an order appointing a guardian. The court shall explain on the record the facts and reasons supporting the decision not to impose any less restrictive alternatives. See Okla. Stat. 30 § 3-111.