A. Every person eighteen (18) years of age or older who is of sound mind and not acting under duress, menace, fraud or undue influence, may nominate a guardian of his person and property, or of either, as provided by this section. Such nomination shall, in the event of the incapacity or partial incapacity of said person be proved in the same manner as any other writing. The nomination shall be binding on any court having jurisdiction of said guardianship subject to the disqualification of the nominee by the court.
B. Such nomination shall be in writing and shall be signed by the person making such nomination. The nomination shall be substantially in the following form:
Nomination of Guardian by an Adult
I, ____________________, being of sound mind and not
(Name)
acting under any duress, menace, fraud, or other undue influence do hereby nominate (Name, current residence, and relationship, if any, of the nominee) to serve as the guardian of my (person, property, both) in the event that after the date of this instrument I become incapacitated.
Executed at ________________________ (city, state)
on this______day of_________, 19__.
______________________
Signature
C. In such nomination, the person making it may nominate an alternate guardian or guardians to act in the event a previously named nominee is unable or unwilling to act as guardian.
D. If the same person has executed more than one nomination of a guardian:
1. The most recent nomination shall control; or
2. If two or more nominations bear the same most recent date the court may appoint one of the nominees or may appoint more than one of the nominees as coguardians upon determining the nominator to be an incapacitated or partially incapacitated person.
E. This section shall not be construed as amending or in any manner affecting special powers of attorney, Sections 1051 through 1077 of Title 58 of the Oklahoma Statutes, or durable powers of attorney or express trusts established pursuant to the provisions of Title 60 of the Oklahoma Statutes.
Added by Laws 1961, p. 441, § 1. Amended by Laws 1988, c. 329, § 39, eff. Dec. 1, 1988. Renumbered from Title 58, § 896 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 26, operative July 1, 1990.
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