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Oklahoma legislature creates right to counsel for capacity determinations

05/12/2026, Oklahoma, Legislation, Other subject area

In 2026, the Oklahoma legislature enacted HB 1687 providing that in matters related to court determinations about whether an individual has decision-making capacity for healthcare decisions, the court shall appoint counsel if the person is not represented by an attorney, as well as a guardian ad litem.

Bill Status: Enacted

Last action (on 05/12/2026): Approved by Governor 05/11/2026

Appointment of Counsel: Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
© 2003-2026 National Coalition for a Civil Right to Counsel

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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