Matter of Conservatorship of Goodman

Being mindful of the long-standing admonition for courts to refrain from passing on the constitutionality of a statute unless absolutely necessary, Smith v. Westinghouse Elec. Corp., 732 P.2d 466 (Okl.1987), I must respectfully dissent from the majority opinion’s holding that our statute allowing for the appointment of a conservator is unconstitutional.

The authority for appointment of a conservator in this jurisdiction is strictly statutory. 58 O.S.1981 § 890.1 enumerates the requirements for notice and hearing of petition for appointment of conservator, and § 890.2 provides that, after such…