Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1473 By: Kirt
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6 AS INTRODUCED
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7 An Act relating to guardianships; amending Section 2,
7 Chapter 183, O.S.L. 2023 (30 O.S. Supp. 2025, Section
8 31), which relates to definitions; updating statutory
8 reference; modifying definitions; updating statutory
9 language; and providing an effective date.
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11 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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12 SECTION 1. AMENDATORY Section 2, Chapter 183, O.S.L.
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13 2023 (30 O.S. Supp. 2025, Section 31), is amended to read as
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14 follows:
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15 Section 31. A. As used in this act the Courtney Smith Act:
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16 1. "General guardianship" means a relationship where a person
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17 has been appointed by a court to serve as the guardian of an
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18 incapacitated person to ensure that the essential requirements for
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19 the health and safety of the person are met, to manage the estate or
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20 financial resources of the person, or both;
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21 2. "Gravely disabled" means a condition in which a person,
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22 because of a mental illness, is unable to provide for his or her
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23 basic personal needs for food, clothing, or shelter. Such condition
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Req. No. 3289 Page 1
1 shall be considered an imminent danger to self when the criteria
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2 described in subsection B of this section are met;
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3 3. "Inpatient mental health treatment" means a treatment
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4 service offered or provided for a continuous period of more than
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5 twenty-four (24) forty-eight (48) hours in residence after admission
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6 to a mental health or substance abuse treatment facility for the
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7 purpose of observation, evaluation, or treatment; and
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8 4. "Ward" means a person over whom a guardian is appointed and
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9 a person over whose property a guardian or conservator is appointed.
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10 B. A guardian who has general guardianship and who has obtained
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11 an order by a court for inpatient mental health treatment for the
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12 ward may apply for an order requiring either municipal or county
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13 officials to retrieve, only if in an unsheltered environment, and
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14 deliver the gravely disabled ward to an inpatient treatment
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15 facility, pursuant to Section 1-110 of Title 43A of the Oklahoma
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16 Statutes, when one of the following criteria is met:
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17 1. The ward is unable to utilize the means available to provide
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18 for his or her basic personal needs regarding food, clothing, or
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19 shelter. Considerations that shall be made when making this
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20 evaluation shall include, but not be limited to, the following:
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21 a. whether lab examinations reveal signs of malnutrition
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22 or dehydration,
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Req. No. 3289 Page 2
1 b. whether there is observed, documented behavior showing
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2 an inability to consume adequate amounts of food or
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3 water due to a mental illness,
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4 c. whether there is a history of public nudity or
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5 inadvertent exhibitionism which has been observed and
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6 documented and is due to a mental illness,
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7 d. the existence of physical evidence of exposure to the
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8 environment due to mental illness symptoms which
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9 prevent the ward from wearing adequate clothing,
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10 e. whether there is observed behavior and symptoms of a
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11 mental illness which prevent the ward from utilizing
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12 or obtaining adequate shelter,
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13 f. the existence of a repeated and recent history of
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14 failure to maintain adequate shelter in the community
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15 due to behaviors and symptoms of a mental illness, or
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16 g. evidence of a failure to maintain a shelter in a
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17 manner that is safe to live in, due to symptoms of a
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18 mental illness;
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19 2. The ward is unable to voluntarily request and receive
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20 assistance for his or her basic personal needs; or
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21 3. The ward is unable to survive safely without involuntary
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22 detention and does not have the help of family members, friends, or
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23 others to provide the ward's basic personal needs regarding food,
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24 clothing, or shelter.
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Req. No. 3289 Page 3
1 C. No person shall be presumed to be incompetent because the
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2 person has been evaluated or treated for a mental illness,
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3 regardless of whether such evaluation or treatment was voluntarily
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4 or involuntarily received.
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5 SECTION 2. This act shall become effective November 1, 2026.
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7 60-2-3289 BLB 1/8/2026 2:11:57 PM
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Req. No. 3289 Page 4Every fact on this page links to its source, starting with the official bill record.