2006 Oklahoma Code - Title 30. — Guardian and Ward

OKLAHOMA STATUTES

TITLE 30.

GUARDIAN AND WARD

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§30-1.  Renumbered as § 1-105 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

§301101.  Short title.

Sections 1101 through 5101 of this title shall be known and may be cited as the "Oklahoma Guardianship and Conservatorship Act".

Added by Laws 1988, c. 329, § 1, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 1, operative July 1, 1990.


§301102.  Articles in Act.

The Oklahoma Guardianship and Conservatorship Act shall be composed of the following articles:

Article I  General provisions

Article II  Minors

Article III  Adults

Article IV  Miscellaneous

Added by Laws 1988, c. 329, § 2, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 2, operative July 1, 1990.


§301103.  Purpose of Act  Legislative intent.

A.  It is the purpose of the Oklahoma Guardianship Act to promote the general welfare of all citizens by establishing a system of general and limited guardianships for minors and for incapacitated and partially incapacitated persons which provides for the protection of their rights and the management of their financial resources.

B.  It is the purpose of the system of general and limited guardianships for incapacitated and partially incapacitated persons established by this act to provide for the participation of such persons, as fully as possible, in the decisions which affect them.  It is the intent of the Oklahoma State Legislature:

1.  That the court shall exercise the authority conferred by the Oklahoma Guardianship Act so as to encourage the development of maximum selfreliance and independence of the incapacitated or partially incapacitated person and make appointive and other orders only to the extent necessitated by the mental and adaptive limitations or other condition of the incapacitated or partially incapacitated person warranting the procedure;

2.  That in performing their duties and exercising their powers, guardians and limited guardians of incapacitated or partially incapacitated persons shall:

a. assure, to the extent reasonably possible, that the rights of the wards for whom they are appointed are protected;

b. encourage, to the extent reasonably possible, incapacitated or partially incapacitated persons to participate to the maximum extent of their abilities in all decisions which affect them and to act on their own behalf on all matters in which they are able to do so within the limitations imposed by the court; and

c. as appropriate, assist their wards to develop or regain to the maximum extent possible their capacity to meet the essential requirements for their health or safety, or to manage their financial resources or both.

Added by Laws 1988, c. 329, § 3, eff. Dec. 1, 1988.


§301104.  Existing guardianships or conservatorships  Compliance with Act  Court review of cases.

A.  1.  Any guardianship or conservatorship in existence on or created on or after December 1, 1990, shall comply with the provisions of the Oklahoma Guardianship and Conservatorship Act.

2.  Unless otherwise modified or terminated, all guardianships and conservatorships established prior to the effective date of the Oklahoma Guardianship and Conservatorship Act shall remain in full force and effect.

3.  All guardians or conservators shall retain the powers assigned to them, unless otherwise modified or terminated by the court.

B.  The Chief Judge of each district court shall establish a schedule by court rule which shall provide for a court review by December 1, 1991 of each guardianship and conservatorship case in which a guardian or conservator was appointed after January 1, 1980.

Added by Laws 1988, c. 329, § 4, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 3, operative July 1, 1990.


§301105.  Guardian defined.

A guardian is a person appointed by the court to take care of the person or property of another.

R.L. 1910, § 3321.  Amended by Laws 1988, c. 329, § 5, eff. Dec. 1, 1988.  Renumbered from § 1 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§301106.  Guardians ad litem excluded.

The term "guardian" includes persons appointed as general and limited guardians of the person, general and limited guardians of property, and special guardians, but does not include persons appointed as guardians ad litem.

Added by Laws 1988, c. 329, § 6, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 4, operative July 1, 1990.


§301107.  Ward defined.

A person over whom a guardian is appointed and a person over whose property a guardian or conservator is appointed is called a ward.

R.L. 1910, § 3322.  Amended by Laws 1988, c. 329, § 7, eff. Dec. 1, 1988.  Renumbered from § 2 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§301108.  Guardians classified.

Guardians are either:

1.  General;

2.  Limited; or

3.  Special.

R.L. 1910, § 3323.  Amended by Laws 1988, c. 329, § 8, eff. Dec. 1, 1988.  Renumbered from § 3 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 5, operative July 1, 1990.


§301109.  General guardian.

A.  A general guardian is a guardian of the person or of all the property of the ward within this state or of both such person and property.

B.  A limited guardian is a person authorized by the court to exercise limited powers over the person of the ward, or over the property of the ward within this state, or over both such person and property.

R.L. 1910, § 3324.  Amended by Laws 1988, c. 329, § 9, eff. Dec. 1, 1988.  Renumbered from § 4 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 6, operative July 1, 1990.


§301110.  Special guardian.

A special guardian may be appointed by the court pursuant to Section 3115 of this title.

R.L. 1910, § 3325.  Amended by Laws 1988, c. 329, § 10, eff. Dec. 1, 1988.  Renumbered from § 5 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 7, operative July 1, 1990.


§30-1-111.  Definitions.

A.  As used in the Oklahoma Guardianship and Conservatorship Act:

1.  "Abuse" means the intentional infliction of physical pain, injury, or mental anguish or the deprivation of food, clothing, shelter, or medical care to an incapacitated person, partially incapacitated person, or a minor by a guardian or other person responsible for providing these services;

2.  "Confidential information" means medical records, physical, psychological or other evaluations of a ward or subject of the proceeding, initial and subsequent guardianship plans, reports of guardians, limited guardians and conservators submitted to the court in connection with a proceeding pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act;

3.  "Court" means a judge of the district court assigned to hear probate matters or assigned to the division of the district court designated to exercise probate jurisdiction;

4.  "Estate" means the property of the person whose affairs are subject to a guardianship proceeding;

5.  "Evaluation" means a professional assessment of:

a. the ability of an adult to receive and evaluate information effectively or communicate decisions,

b. the impact of any impairment of these skills on the capacity of the individual to meet the essential requirements for his physical health or safety, or to manage his financial resources, and

c. the services necessary to provide for the ward;

6.  "Exploitation" means an unjust or improper use of the resources of an incapacitated person, a partially incapacitated person, or a minor for the profit or advantage, pecuniary or otherwise, of a person other than an incapacitated person, a partially incapacitated person, or a minor through the use of undue influence, coercion, harassment, duress, deception, false representation, or false pretense;

7.  A "guardian of an incapacitated person" means a person who has been appointed by a court to serve as the guardian of an incapacitated person to assure that the essential requirements for the health and safety of said person are met, to manage the estate or financial resources of said person, or both;

8.  "Guardian ad litem" means, with respect to a guardianship proceeding, a person appointed by the court to assist the subject of the proceeding in making decisions with regard to the guardianship proceeding, or to make said decisions when the subject of the proceeding is wholly incapable of making said decisions even with assistance;

9.  "Guardianship plan" means the plan for the care and treatment of a ward, the plan for the management of the financial resources of a ward, or both;

10.  "Guardianship proceeding" means a proceeding for the appointment of a guardian, or for other orders regarding the condition, care or treatment or for the management of the financial resources of a ward;

11.  "Guardianship report" means any report required by the provisions of Sections 4-305 and 4-306 of this title;

12.  "Incapacitated person" means a person eighteen (18) years of age or older:

a. who is impaired by reason of:

(1) mental illness as defined by Section 1-103 of Title 43A of the Oklahoma Statutes,

(2) mental retardation or developmental disability as defined by Section 1-818.2 of Title 63 of the Oklahoma Statutes,

(3) physical illness or disability,

(4) drug or alcohol dependency as defined by Section 3-403 of Title 43A of the Oklahoma Statutes, or

(5) such other similar cause, and

b. whose ability to receive and evaluate information effectively or to make and to communicate responsible decisions is impaired to such an extent that said person:

(1) lacks the capacity to meet essential requirements for his physical health or safety, or

(2) is unable to manage his financial resources.

Whenever in the Oklahoma Statutes the term "incompetent person" appears and refers to a person who has been found by a district court to be an incompetent person because of an impairment or condition described in this paragraph it shall have the same meaning as "incapacitated person" but shall not include a person who is a partially incapacitated person;

13.  "Least restrictive dispositional alternative" means the form of assistance that least interferes with the legal ability of an incapacitated or partially incapacitated person to act in his own behalf;

14.  "Intangible personal property" means cash, stocks and bonds, mutual funds, money market accounts, certificates of deposit, insurance contracts, commodity accounts, and other assets of a similar nature;

15.  "Letters" means a document issued by the court subsequent to the appointment of a guardian which designates the name of the guardian and specifies the authority and powers of said guardian. Such document shall be endorsed thereon with the oath of the guardian that he will perform the duties of his office as guardian according to law;

16.  A "limited guardian" means a person appointed by the court to serve as the guardian of a partially incapacitated person and who is authorized by the court to exercise only:

a. some of the powers of a guardian of the person or whose power as guardian of the person extends only to certain matters pertaining to the care or control of the ward as specified by the court, or

b. certain powers as guardian of the property over the estate or financial resources of the ward, or whose powers as guardian of the property extend only to some portion of the estate or financial resources of the ward;

17.  "Manage financial resources" or "manage the estate" means those actions necessary to obtain, administer, and dispose of real property, business property, benefits and income, and to otherwise manage personal financial or business affairs;

18.  "Meet the essential requirements for physical health or safety" means those actions necessary to provide the health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury is more likely than not to occur;

19.  "Minor" means a person under eighteen (18) years of age;

20.  "Neglect" means the failure to provide protection for an incapacitated person, a partially incapacitated person, or a minor who is unable to protect the person's own interest; or the failure to provide adequate shelter or clothing; or the harming or threatening with harm through action or inaction by either another individual or through the person's own action or inaction because of a lack of awareness, incompetence, or incapacity, which has resulted or may result in physical or mental injury;

21.  "Organization" means a corporation, trust, business trust, partnership, association, or other legal entity;

22.  "Partially incapacitated person" means an incapacitated person whose impairment is only to the extent that without the assistance of a limited guardian said person is unable to:

a. meet the essential requirements for his physical health or safety, or

b. manage all of his financial resources or to engage in all of the activities necessary for the effective management of his financial resources.

A finding that an individual is a partially incapacitated person shall not constitute a finding of legal incompetence.  A partially incapacitated person shall be legally competent in all areas other than the area or areas specified by the court in its dispositional or subsequent orders.  Such person shall retain all legal rights and abilities other than those expressly limited or curtailed in said orders;

23.  "Party" means the person or entity filing a petition, application, motion, acceptance of a testamentary nomination, or objection; the subject of a guardianship proceeding; and the guardian, the guardian ad litem and the conservator, if any such persons have been appointed;

24.  "Person" means an individual;

25.  "Property" means real property, personal property, income, any interest in such real or personal property and includes anything that may be the subject of ownership;

26.  "Restrictions on the legal capacity of a person to act in his own behalf" means powers of an incapacitated or partially incapacitated person which are assigned to a guardian;

27.  "Subject of the proceeding" means a minor or an adult:

a. who is the subject of a petition requesting the appointment of a guardian, limited guardian or special guardian,

b. for whom a guardian or limited guardian has been appointed by the court, or

c. an adult for whom a conservator is requested or appointed; and

28.  "Surcharge" means the imposition of personal liability by a court on a guardian or limited guardian for willful or negligent misconduct in the administration of the estate or other financial resources of a ward.

B.  1.  Nothing in this section shall be construed to mean an incapacitated person, a partially incapacitated person, or a minor is abused or neglected for the sole reason that a guardian or other person responsible, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practices of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of the person or minor in their trust, and, in the case of an adult, in accordance with the practices of or the express consent of the incapacitated or partially incapacitated person.

2.  Nothing contained in this subsection shall prevent a court from immediately assuming custody of a minor, pursuant to the Oklahoma Children's Code, and ordering whatever action may be necessary, including medical treatment, to protect the minor's health or welfare.

Added by Laws 1988, c. 329, § 11, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 8, operative July 1, 1990; Laws 1998, c. 298, § 1, eff. Nov. 1, 1998.


§301112.  Persons and property subject to act  Power of appointment  Parental rights.

A.  Except as otherwise specifically provided by law, the Oklahoma Guardianship and Conservatorship Act applies to:

1.  Minors in this state.  Guardianships for minors established pursuant to Section 3 of this act shall only be subject to provisions of the Oklahoma Guardianship and Conservatorship Act as provided in subsection B of this section;

2.  Incapacitated and partially incapacitated persons in this state; and

3.  Property located in this state of nondomiciliaries who are minors or incapacitated or partially incapacitated persons, or property coming into the control of a guardian who is subject to the laws of this state.

B.  Guardianships, subject to Section 3 of this act, shall be subject to Article 1 of the Oklahoma Guardianship and Conservatorship Act and Sections 4-501, 4-503, 4-706, 4-707, 4-801, 4-802, 4-901 and 4-902 of Title 30 of the Oklahoma Statutes.

C.  No person, whether a parent or otherwise, has any power as a guardian, except by appointment by a court.  The provisions of the Oklahoma Guardianship and Conservatorship Act shall not be construed to limit the parental rights of parents as the natural guardians of their children.

R.L. 1910, § 3327.  Amended by Laws 1988, c. 329, § 12, eff. Dec. 1, 1988.  Renumbered from § 7 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 9, operative July 1, 1990; Laws 2000, c. 385, § 13, eff. Nov. 1, 2000.


§301113.  Appointment of guardian  Jurisdiction.

A.  A guardian of the person or property, or both, of a person residing in this state, who is a minor, or an incapacitated or partially incapacitated person, may be appointed in all cases by the court as provided in this title.

B.  After the service of notice in a proceeding seeking the appointment of a guardian or other order, in subsequent proceedings pertaining to the guardianship of a ward and until termination of the proceeding, the court in which the petition is filed has exclusive jurisdiction to determine:

1.  The need for a guardian or other order; and

2.  How the estate of the ward shall be managed, expended, or distributed to or for the use of the ward or the dependents of the ward.

R.L. 1910, § 3328.  Amended by Laws 1988, c. 329, § 13, eff. Dec. 1, 1988.  Renumbered from § 8 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 10, operative July 1, 1990.


§301114.  Powers of court.

A.  In all cases the court making the appointment of a guardian has exclusive jurisdiction to control such guardian in the management and disposition of the person and property of the ward.

B.  The court has jurisdiction over guardianship proceedings, and has the following powers, which must be exercised in the manner prescribed by statute, to:

1.  Appoint and remove guardians for minors and for incapacitated and partially incapacitated persons;

2.  Issue and revoke letters of guardianship;

3.  Control the conduct of guardians with regard to the care and treatment provided to their wards;

4.  Control the conduct of guardians with regard to the management of the financial resources of their wards, including but not limited to the power to:

a. compel guardians to submit plans, reports, inventories and accountings to the court,

b. compel payment and delivery by guardians of property belonging to their wards,

c. order the payment of debts, the sale of property, and order and regulate the distribution of property which has been placed under the control or management of a guardian, and

d. settle the accounts of guardians;

5.  Appoint appraisers of the property of wards;

6.  Compel the attendance of witnesses and the production of documents and property;

7.  After a petition has been filed for appointment of a guardian for a minor, make or modify any temporary order of guardianship during the progress of the proceedings that would be in the best interest of the ward.  Any such temporary order may be entered ex parte with written notice sent to all parties directing them to appear before the court, at a time and place therein specified, not more than twenty (20) days from the time of making such order, to show cause why the order should not be granted for temporary guardianship; and

8.  Exercise all powers conferred by the Oklahoma Guardianship and Conservatorship Act, Section 1-101 et seq. of this title, and to make such orders as may be necessary for the exercise of said powers.

C.  The chief judge of each district court shall establish by court rule a system for:

1.  The filing of guardianship and conservatorship cases and records which distinguish them from probate cases; and

2.  Monitoring the filing of annual reports and inventories required by this title for the purpose of assuring that the court will be notified of annual reports as they fall due and whether or not said reports are filed.

R.L. 1910, § 3330.  Amended by Laws 1988, c. 329, § 14, eff. Dec. 1, 1988.  Renumbered from § 10 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 11, operative July 1, 1990; Laws 1992, c. 115, § 1, eff. Sept. 1, 1992.


§30-1-115.  Venue - Priorities of jurisdiction - Transfer - Consolidation.

A.  The venue for a guardianship proceeding is in:

1.  The district court of the county where the minor or the incapacitated or partially incapacitated person resides;

2.  The district court of the county where the proposed guardian resides if the proposed guardian is a member of the minor's or incapacitated person's family; or

3.  The district court of the county to which the cause is transferred by a judge of the court in which the petition was filed or the cause is pending.  Provided, venue to appoint the guardian of a nonresident minor or incapacitated person shall be in a county where the nonresident has property.

B.  If a proceeding pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to exercise jurisdiction over the proceeding and proceed with the action.  A court shall not exercise jurisdiction over a proceeding for guardianship of a minor pursuant to this title if, at the time the petition for guardianship is filed, another court of this state is exercising jurisdiction pursuant to Section 7002-1.1 of Title 10 of the Oklahoma Statutes, unless after notice to the parties in the deprived action, the written consent of such court is obtained and filed in the guardianship proceeding.

1.  If proceedings concerning the same estate, minor, alleged incapacitated or partially incapacitated person, or ward are commenced in more than one court of this state, the court in which a proceeding was first commenced shall continue to hear the matter and determine venue.  If the court where the proceeding was first filed determines that venue is properly in another court, it shall transfer the proceeding to the other court.

2.  If the court finds that in the interest of justice a proceeding should be conducted in another court of this state, the court may transfer the proceeding to the other court.

C.  If both guardianship and conservatorship proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.

Added by Laws 1988, c. 329, § 15, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 12, operative July 1, 1990; Laws 2005, c. 69, § 3, eff. Nov. 1, 2005.


NOTE:  Laws 1990, c. 51, § 20 repealed by Laws 1991, c. 335, § 36, emerg. eff. June 15, 1991.


§301116.  Place of hearing  Order and decree.

A.  The power conferred upon the court in relation to guardians and wards may be exercised in chambers or elsewhere in the discretion of the judge.  Any hearing held pursuant to the provisions of this act may be held at such place as the court directs.

B.  Any order appointing a guardian must be entered as and become a decree of the court.

C.  Except as otherwise specifically provided by this act, the provisions of Title 58 of the Oklahoma Statutes relative to the estates of decedents, so far as they relate to the practice in the courts, apply to proceedings under this title.  The rules of civil procedure including the rules concerning discovery, vacation of orders and appellate review, govern proceedings subject to the Oklahoma Guardianship and Conservatorship Act unless otherwise provided in this title or Title 58 of the Oklahoma Statutes.

R.L. 1910, § 6585.  Amended by Laws 1953, p. 249, § 87; Laws 1988, c. 329, § 16, eff. Dec. 1, 1988.  Renumbered from Title 58, § 893 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 13, operative July 1, 1990.


§301117.  Guardians ad litem  Power to appoint  Appointment.

A.  Nothing contained in this title affects or impairs the power of any court to appoint a guardian ad litem to defend the interests of any minor interested in any suit or matter pending therein.

B.  At any point in a guardianship proceeding, the subject of the proceeding, his attorney, the guardian of the subject of the proceeding or anyone interested in the welfare of the subject of the proceeding may file an application to have a guardian ad litem appointed by the court, or the court on its own motion may appoint a guardian ad litem.  If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.

R.L. 1910, § 6537.  Amended by Laws 1953, p. 249, § 86; Laws 1988, c. 329, § 17, eff. Dec. 1, 1988.  Renumbered from Title 58, § 891 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 14, operative July 1, 1990.


§301118.  Guardian of nonresident.

A guardian of the property, within this state, of a person not residing therein, who is a minor, or an incapacitated or partially incapacitated person, may be appointed by the court as provided by this title.

R.L. 1910, § 3329.  Amended by Laws 1988, c. 329, § 18, eff. Dec. 1, 1988.  Renumbered from § 9 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 15, operative July 1, 1990.


§301119.  Powers of guardian.

A guardian has only those powers over the person or the property of the ward, or both such person and property, as ordered by the court pursuant to this title.

R.L. 1910, § 3333.  Amended by Laws 1988, c. 329, § 19, eff. Dec. 1, 1988.  Renumbered from § 14 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 16, operative July 1, 1990.


§301120.  Power of guardian of the person  Report of change of ward's abode  Power of limited guardians.

A.  A guardian, including a special guardian, of the person is charged with the custody of the ward, and must look to the support, health and education of the ward.  Except as provided by Section 3-113 of this title, he may fix the place of abode of the ward at any place within the county, but not elsewhere, without permission of the court and any change in the place of abode of a ward within the county shall be reported to the court.

B.  Limited guardians of partially incapacitated persons shall not have custody of the person of the ward and shall have only those powers or controls over the person of the ward specifically ordered in a dispositional order or other order of the court.

R.L. 1910, § 3334.  Amended by Laws 1988, c. 329, § 20, eff. Dec. 1, 1988.  Renumbered from § 15 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 17, operative July 1, 1990.


§301121.  Guardian of the property  Power  Fiduciary duty.

A.  A guardian of the property must keep safely the property of his ward.  He must not permit any unnecessary waste or destruction of the real property, nor make any sale of such property without the order of the court, but must so far as it is in his power, maintain the same, with its buildings and appurtenances, out of the income or other property of the estate, and deliver it to the ward or the successors of the ward at the close of his guardianship, in as good condition as he received it.

B.  A guardian of the property, in relation to powers conferred pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act, shall act as a fiduciary and shall perform, diligently and in good faith, as a prudent person would in managing his own property, not with regard to speculation but with regard to conservation and growth, and the specific duties and powers assigned by the court.

R.L. 1910, § 3335.  Amended by Laws 1988, c. 329, § 21, eff. Dec. 1, 1988.  Renumbered from § 16 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 18, operative July 1, 1990.


§301122.  Confidential information filed with court.

A.  Confidential information filed with or submitted to the court in conjunction with any proceeding pursuant to the Oklahoma Guardianship and Conservatorship Act, shall not constitute a public record and shall be sealed by the court.  Access to confidential information shall be strictly controlled.  Except upon court order, no confidential information shall be disclosed to persons other than:

1.  The subject of the proceeding and the subject's attorney;

2.  The guardian ad litem;

3.  If the subject of the confidential information is a ward, the guardian or conservator of such ward;

4.  If the subject of the confidential information is the guardian or conservator, the ward and the subject's attorney, and the attorney of such guardian or conservator;

5.  Abstractors licensed pursuant to the Oklahoma Abstractors Law, for the purpose of having access to records regarding minors and determinations of persons as incapacitated or partially incapacitated persons pursuant to the Oklahoma Guardianship Act. Abstractors shall maintain the confidentiality of this data, except for such parts as are relevant to the land title being researched;

6.  An authorized representative of the United States Department of Veterans Affairs upon presentation of proper identification; and

7.  An authorized representative of the Department of Human Services upon presentation of proper identification.

B.  The fact of the existence of a guardianship or conservatorship of a person or that person's estate shall not be considered confidential information.

Added by Laws 1988, c. 329, § 22, eff. Dec. 1, 1988.  Amended by Laws 1989, c. 12, § 1, emerg. eff. March 27, 1989; Laws 1990, c. 323, § 79, operative July 1, 1990; Laws 1991, c. 18, § 2, emerg. eff. March 29, 1991; Laws 1992, c. 395, § 1, eff. Sept. 1, 1992; Laws 1999, c. 214, § 1, eff. Nov. 1, 1999.


§301123.  Letters of guardianship.

Letters of guardianship are evidence of the transfer of the management or administration of all assets, or the part thereof specified in the letters, of a ward to the guardian.  An order terminating a guardianship is evidence of transfer of the management or administration of all assets subject to the guardianship from the guardian to the ward, or to successors of the ward.

Added by Laws 1988, c. 329, § 23, eff. Dec. 1, 1988.  

§30-1-124.  Guardianship and conservatorship handbook and duties summary.

The Administrative Office of the Courts shall prepare a guardianship and conservatorship handbook for distribution to the district courts.  The handbook shall be written in clear, simple language and shall include information about the laws and procedures which apply to adult guardianships and conservatorships and the duties and responsibilities of such guardians and conservators.  In conjunction with the guardianship handbook, the Administrative Office of the Courts shall develop a summary of the duties of guardians and conservators including, but not limited to, statutory notices, timetables, and required court approvals.  The summary shall emphasize the significance of timely accountability to the court and to the ward as well as the sanctions and penalties which may be imposed for failure to comply with the requirements of the law or orders of the court.  Copies of the handbook shall be made available to the public through the offices of the district court clerks.

Added by Laws 1988, c. 329, § 24, eff. Dec. 1, 1988.  Amended by Laws 1994, c. 234, § 3, eff. Sept. 1, 1994.


§30-1-125.  Computation of time.

The time within which an act is to be done, as provided for in Title 30 of the Oklahoma Statutes, shall be computed by excluding the first day and including the last day.  If the last day is a legal holiday as defined by Section 82.1 of Title 25 of the Oklahoma Statutes, it shall be excluded.  The provisions of this section are hereby declared to be a clarification of the law as it existed prior to the effective date of this act and shall not be considered or construed to be a change of the law as it existed prior to the effective date of this act.  Any action or proceeding arising under Title 30 of the Oklahoma Statutes prior to the effective date of this act for which a determination of the period of time prescribed by this section is in question or has been in question due to the enactment of Section 20, Chapter 293, O.S.L. 1999, shall be governed by the method for computation of time as prescribed by this section.

Added by Laws 2000, c. 260, § 2, emerg. eff. June 1, 2000.


§30-2.  Renumbered as § 1-107 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

§302101.  When guardian of minor to be appointed  Petition  Notice.

A.  The court of each county, when it appears necessary or convenient, may appoint guardians for the persons and estates, or either, or both of them, of minors.

B.  Such appointment may be made on the verified petition of a relative or other person in behalf of such minor.

C.  1.  Before making the appointment, the court may receive an investigation and report regarding the background and home of the prospective guardian.  The investigation and report of the prospective guardian and placement restrictions and requirements shall be made pursuant to the requirements of the Oklahoma Adoption Code.  In determining whether to require a home study pursuant to the provisions of this paragraph, the court shall balance the need for a home study to protect the best interests of the minor with the ability of the prospective guardian to pay for the home study.

2.  a. Costs of the home study shall be assessed against any private child-placing agency having custody of the child, or the person having legal custody of the child or the prospective guardians of the child.

b.  (1) For any child in the custody of the Department of Human Services or the Department of Juvenile Justice, the applicable Department shall conduct or provide for the home study for such child as required by the Oklahoma Children's Code or the Oklahoma Juvenile Code.

(2) The Department of Human Services or the Department of Juvenile Justice shall not be required by any court to conduct or provide for a home study and report to the court on guardianship placements for any child that is not in the custody of either Department.

3.  An order appointing a guardian of the minor who has a parent living or other person legally responsible for the child shall comply with the provisions of Section 2-108 of this title.

D.  In addition, before making the appointment, the court must cause notice of the hearing on the petition for appointment of a guardian for a minor to be given in the form required by the court to the minor if the minor has attained the age of fourteen (14) as of the date the petition is filed.  The court shall also cause notice to be sent to the following persons:

1.  The thenliving parents of the minor and any other person having custody of the minor, if such parent or person is not one of the petitioners;

2.  If the minor has no thenliving parent, then to one of the  thenliving grandparents who is not one of the petitioners and who is not married to one of the petitioners; and

3.  If there is no such thenliving grandparent or if there is no such thenliving grandparent whose address is known to the petitioner, then notice shall be given to an adult relative, if any, of the minor residing in the county in which the petition was filed.

E.  Such notice shall be mailed to each person, entitled to notice pursuant to this section, at that person's address as lastknown to the petitioner, at least ten (10) days prior to the date set by the court for hearing on the petition.  Provided the court may direct a shorter notice period if the court deems such shorter notice period to be appropriate under the circumstances.  If there is no person other than the minor who is entitled to notice, or if the address of any person, other than the minor, who is entitled to notice is not known to the petitioner, the petition shall so allege.  The court may direct that notice, other than notice to the minor if the minor has attained the age of fourteen (14), be waived or be given to any person or persons other than the minor in such manner as the court determines and directs.

R.L. 1910, § 6522.  Amended by Laws 1953, p. 244, § 64; Laws 1969, c. 302, § 27, eff. Jan. 1, 1970; Laws 1988, c. 329, § 25, eff. Dec. 1, 1988.  Renumbered from § 761 of Title 58 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 19, operative July 1, 1990; Laws 2004, c. 158, § 1.


§302102.  Nominations of guardian.

A.  A guardian of the person or estate, or of both, of a child born, or likely to be born, may be nominated by will or by other written instrument, to take effect upon the death of the parent so nominating:

1.  If the child is born in wedlock, by either parent or by both parents.

2.  If the child is born out of wedlock, by the mother of the child or by the natural father of the child, if said natural father has acknowledged paternity pursuant to Section 55 of Title 10 of the Oklahoma Statutes or has been judicially determined to be the father of the child at a paternity proceeding pursuant to Section 70 of Title 10 of the Oklahoma Statutes, or by both such mother and father.

B.  A nomination made by a parent who has relinquished parental rights pursuant to an adoption proceeding or whose parental rights have been terminated by a district court shall have no effect.

R.L. 1910, § 3326.  Amended by Laws 1988, c. 329, § 26, eff. Dec. 1, 1988.  Renumbered from § 6 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1991, c. 71, § 6, emerg. eff. April 15, 1991.


§302103.  Nomination and appointment of guardian  Age of minor.

A.  If the minor is under the age of fourteen (14) years, the court may name and appoint his guardian.  If the minor has attained the age of fourteen (14) years, the minor may nominate his own guardian, who, if approved by the court, must be appointed accordingly.

B.  The court, in appointing a guardian for a minor, is to be guided by Section 21.1 of Title 10 of the Oklahoma Statutes.

R.L. 1910, § 6523.  Amended by Laws 1953, p. 244, § 65; Laws 1988, c. 329, § 27, eff. Dec. 1, 1988.  Renumbered from Title 58, § 762 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§302104.  Nomination of guardian by minor at 14 years of age  Approval of court.

When a guardian has been appointed by the court for a minor under the age of fourteen (14) years, the minor, at any time after he has attained age fourteen (14), may nominate his own guardian, subject to the approval of the court.

R.L. 1910, § 6529.  Amended by Laws 1988, c. 329, § 28, eff. Dec. 1, 1988.  Renumbered from Title 58, § 768 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§302105.  Appointment when ward's nominee ineligible.

If a guardian nominated by a minor who has attained the age of fourteen (14) years is not approved by the court or if, after being notified by the court, the minor neglects for ten (10) days to nominate a suitable person, the court may name and appoint a guardian in the same manner as if the minor was under the age of fourteen (14) years.

R.L. 1910, § 6524.  Amended by Laws 1988, c. 329, § 29, eff. Dec. 1, 1988.  Renumbered from Title 58, § 763 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§302106.  Appointment of parents as guardians.

A minor's parent who is competent to transact his or her own business and not otherwise unsuitable or disqualified by law to serve as the guardian of said minor, shall be entitled to the guardianship of the minor until the minor has attained the age of fourteen (14) years.  The parent petitioning the court for appointment as guardian of the minor must have the endorsement or nomination of the other parent, if the natural parents of the minor are married and living together.  In cases where both parents are separately seeking appointment as guardian of the minor, the court may, upon full investigation, appoint the parent who in the judgment of the court is the most competent to look after the interest of said minor.

R.L. 1910, § 6530.  Amended by Laws 1913, c. 29, p. 59, § 1; Laws 1988, c. 329, § 30, eff. Dec. 1, 1988.  Renumbered from Title 58, § 769 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§302107.  Guardian in charge of education.

If the minor has no father or mother living who is competent to have charge of the education of the minor, the guardian appointed by the court shall have the same.

R.L. 1910, § 6531.  Amended by Laws 1988, c. 329, § 31, eff. Dec. 1, 1988.  Renumbered from Title 58, § 801 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§302108.  Education and maintenance of minor - Income from property of minor - Orders appointing guardian.

A.  If any minor, having a parent or parents living, has property, the income of which is sufficient for his maintenance and education in a manner more expensive than such parent or parents can reasonably afford, regard being had to all of the circumstances of the case, the expenses of the education and maintenance of such minor may be defrayed out of the income of the property of the minor in whole or in part, as judged reasonable and as directed by the court.  The charges therefore may be allowed accordingly in the settlement of the accounts of the guardian of the minor.

B.  1.  Any order appointing a guardian of the minor who has a parent living or other person legally responsible for the support of the child shall:

a. provide for the payment of child support by the parent or other responsible party pursuant to the Oklahoma child support guidelines, and

b. contain an income assignment provision pursuant to Section 115 of Title 43 of the Oklahoma Statutes.

2.  The provisions of this subsection shall not apply to parents whose rights and responsibilities have been terminated to the child unless the termination order requires payment of child support.

3.  Any guardianship or conservatorship for a minor created on or after December 1, 2000, shall comply with the provisions of this subsection.  Guardianships or conservatorships for a minor in existence prior to December 1, 2000, shall comply with the provisions of this subsection as ordered by the court.

R.L. 1910, § 6535.  Amended by Laws 1988, c. 329, § 32, eff. Dec. 1, 1988.  Renumbered from § 802 of Title 58 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 2000, c. 385, § 14, eff. Nov. 1, 2000.


§302109.  Conditions of appointment.

A.  When any person is appointed guardian of a minor, the court may include in the order of appointment conditions providing for the care, treatment, education and welfare of the minor.

B.  The performance of such conditions shall be a part of the duties of the guardian, for the faithful performance of which he and the sureties on his bond are responsible.

R.L. 1910, § 6533.  Amended by Laws 1988, c. 329, § 33, eff. Dec. 1, 1988.  Renumbered from Title 58, § 770 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 20, operative July 1, 1990.


§302110.  Investments authorized.

A guardian legally holding funds or assets belonging to or for the benefit of a minor may with the approval of the district court or other court in which such estate is pending, invest such funds or assets or any part thereof, in single premium life, single premium endowment, or single premium annuity contracts of legal reserve life insurance companies as are duly licensed and qualified to transact business within this state.

Added by Laws 1947, p. 346, § 1.  Renumbered from Title 58, § 816.1 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 21, operative July 1, 1990.


§302111.  Contracts on lives of wards and beneficiaries of trust funds.

Such contracts may be issued on the life of a ward or beneficiary of a trust fund, and shall be so drawn by the insuring company so that the proceeds, or avails thereof shall be the sole property of the person whose funds are invested.

Added by Laws 1947, p. 347, § 2.  Renumbered from Title 58, § 816.2 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 22, operative July 1, 1990.


§302112.  Interest of guardian.

Such contracts may not be purchased from any company for which the guardian is acting as agent, or receives any commission, or part of any commission, directly or indirectly paid by such company to its agent soliciting or selling such contract.

Added by Laws 1947, p. 347, § 3.  Renumbered from Title 58, § 816.3 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 23, operative July 1, 1990.


§302113.  When power of guardian appointed by parent ceases.

The power of a guardian appointed for a minor ceases upon:

1.  The removal of the guardian;

2.  The solemnized marriage of the ward; or

3.  The ward's attaining majority.

R.L. 1910, § 3338.  Amended by Laws 1988, c. 329, § 34, eff. Dec. 1, 1988.  Renumbered from § 19 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 24, operative July 1, 1990.


§302114.  Release of minor ward at majority.

After a minor ward has come to his majority, such ward may settle accounts with his guardian and give him a release, which is valid, subject to approval of the court, if obtained fairly and without undue influence.

R.L. 1910, § 3340.  Amended by Laws 1988, c. 329, § 35, eff. Dec. 1, 1988.  Renumbered from § 21 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§302115.  Limitation of discharge by court.

A guardian of a minor appointed by a court is not entitled to his discharge until one (1) year after the majority of the ward unless the court determines that the minor has earlier validly released said guardian after a final accounting.

R.L. 1910, § 3341.  Amended by Laws 1988, c. 329, § 36, eff. Dec. 1, 1988.  Renumbered from § 22 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§30-2-116.  Delivery of up to $10,000 of minor's estate to custodian, parent or minor.

A.  1.  When the whole estate of a minor does not exceed the value of Ten Thousand Dollars ($10,000.00), the court may, in its discretion, without the appointment of a guardian or the giving of bond, authorize and direct:

a. the delivery of the property or any portion thereof to one or more custodians pursuant to the Oklahoma Uniform Transfers to Minors Act or to one or more other custodians designated by the court, or

b. the payment or delivery of the property or any portion thereof to the parent of the minor, or to the person having the care or custody of the minor, or to the minor.  The person receiving the property shall pay necessary expenses of the minor and hold, manage, and dispose of the property in the manner directed by the court.

2.  When the whole estate of a minor exceeds the value of Ten Thousand Dollars ($10,000.00), the court may, in its discretion, without the appointment of a guardian or the giving of bond, authorize and direct:

a. the delivery of property having a value of up to Ten Thousand Dollars ($10,000.00) to one or more custodians pursuant to the Oklahoma Uniform Transfers to Minors Act or to one or more other custodians designated by the court, or

b. the payment or delivery of up to Ten Thousand Dollars ($10,000.00) of the property or any portion thereof to the parent of the minor, or to the person having the care or custody of the minor, or to the minor.  The person receiving the property shall pay necessary expenses of the minor and hold, manage, and dispose of the property in the manner directed by the court.

B.  The person making payment, delivery, transfer or issuance of property or evidence thereof to the individual or custodian designated by the court pursuant to this section is discharged and released to the same extent as if payment, delivery, transfer, or issuance was made to a guardian of the minor, and the person is not required to see to the application thereof.  A person making payment, delivery, transfer, or issuance of property, or evidence thereof, to a next friend or guardian ad litem may be discharged and released as provided for by this act.

Added by Laws 1967, c. 51, § 1, emerg. eff. April 14, 1967.  Amended by Laws 1988, c. 329, § 37, eff. Dec. 1, 1988.  Renumbered from § 898.1 of Title 58 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1996, c. 293, § 2, eff. Nov. 1, 1996.


§30-3.  Renumbered as § 1-108 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

§303101.  Petition for appointment of guardian.

A.  Any person interested in the welfare of a person believed to be an incapacitated person or partially incapacitated person may file a petition alleging that such person is an incapacitated or partially incapacitated person, and request the appointment of a guardian.

B.  The petition shall be verified and shall specify:

1.  The names and addresses of persons entitled to notice pursuant to Section 3110 of this title and to the attorney of the subject of the proceeding, if any, and if known to the petitioner;

2.  The nature and degree of the alleged incapacity;

3.  The relief requested and the facts and reasons supporting the need for such relief including, where applicable, a description of any acts or behavior of the subject of the proceeding which gave rise to the allegations; and

4.  The estimated value of all intangible personal property of the ward.

C.  A copy of the results of any physical, psychological or other appropriate professional evaluation of the condition of the subject of the proceeding which has been completed within sixty (60) days prior to the filing of the petition, may be attached to the petition at the time it is filed.

D.  A guardianship plan or plans substantially in the form required by Section 3-120 or Section 3-122 of this title or both, as appropriate, may be attached to the petition at the time it is filed or may be submitted to the court at the time of the hearing.

Added by Laws 1988, c. 329, § 38, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 25, operative July 1, 1990.


§303102.  Nomination of guardians or alternate guardians by adult  Priorities of nominations.

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.


§303103.  Nomination of guardian or limited guardian by will.

A parent of an unmarried incapacitated or partially incapacitated person, the spouse of a married incapacitated or partially incapacitated person, or an adult child of such person who is serving as guardian or limited guardian may nominate by will, or by other writing executed by the nominating parent or parents, spouse, or adult child, an individual to serve as guardian or limited guardian upon the death or incapacity of the nominator.  Such nomination shall be executed by the nominator in the same manner as provided for nominations made pursuant to Section 3102 of this  title.

Added by Laws 1988, c. 329, § 40, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 27, operative July 1, 1990.


§303104.  Priorities for selection by court of guardian or limited guardian  Appointment of organization  Determination of suitability  Appointment of public agency.

A.  The following priorities shall guide the selection by the court of a guardian or limited guardian of an incapacitated or partially incapacitated person from among those eligible:

1.  The individual or individuals nominated by the subject of the proceeding pursuant to Section 3102 of this title;

2.  The current guardian or limited guardian appointed or recognized by the appropriate court of any other jurisdiction in which the incapacitated or partially incapacitated person resides;

3.  An individual nominated by the will or by other writing of a deceased parent, spouse, or an adult child who was serving as the guardian or limited guardian of the subject of the proceeding;

4.  The spouse of the subject of the proceeding;

5.  An adult child of the subject of the proceeding;

6.  A parent of the subject of the proceeding;

7.  A sibling of the subject of the proceeding; or

8.  Any individual approved by the court with whom the subject of the proceeding has been living for more than six (6) months prior to the filing of the petition.  Provided that any owner, operator, administrator or employee of a facility subject to the provisions of the Nursing Home Care Act, the Residential Home Care Act or the Group Homes for the Developmentally Disabled or Physically Handicapped Persons Act shall not be appointed guardian or limited guardian of a resident of such facility unless said owner, operator, administrator or employee is the spouse of said resident, or a relative of said resident within the second degree of consanguinity and is otherwise eligible for appointment.

B.  When the guardian or limited guardian of an incapacitated or partially incapacitated person is the guardian of property only, the court may appoint an organization which is eligible to manage the financial resources of an individual and has fiduciary powers, or its successor in interest, when:

1.  Such organization is nominated by the subject of the proceeding pursuant to Section 3102 of this title; or

2.  Such organization is nominated by a person eligible to make such nomination pursuant to Section 3103 of this title; or

3.  The appointment of such organization is in the best interest of the subject of the proceeding.

C.  The court shall make reasonable inquiry to determine whether the person or organization proposed to serve as the guardian or limited guardian of an incapacitated or partially incapacitated person is suitable and will exercise the powers and carry out the duties and responsibilities of guardian or limited guardian in the best interest of the ward.  The court shall also inquire of the proposed guardian of the person of the ward as to how the guardian proposes to provide for the care of the ward, and of the proposed guardian of the estate of the ward as to how the guardian proposes to manage the property of the ward and to provide for the ward's financial care.  The court shall make such orders with respect thereto as the court deems to be for the best interest of the ward.

D.  A public agency shall not be appointed to serve as guardian for an adult except as provided in Section 1415 of Title 10 and Section 10108 of Title 43A of the Oklahoma Statutes.

Added by Laws 1988, c. 329, § 41, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 28, operative July 1, 1990.


§303105.  Court appointment where nominee is unable, unwilling or cannot qualify to serve.

In the event the person nominated is unable, unwilling, or cannot qualify to so serve, the court shall make a finding of such fact and shall proceed to the appointment of a guardian as if such nomination had not been made, taking into account any alternative guardian named in the nomination.

Added by Laws 1961, p. 441, § 2.  Amended by Laws 1988, c. 329, § 42, eff. Dec. 1, 1988.  Renumbered from Title 58, § 897 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§303106.  Rights of individual alleged to be or found to be incapacitated or partially incapacitated  Confidentiality  Relief from costs and fees  Record.

A.  In all hearings conducted pursuant to Article III of the Oklahoma Guardianship and Conservatorship Act, 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 3110 of this title;

2.  Be present at such hearings;

3.  Compel the attendance of witnesses;

4.  Present evidence;

5.  Crossexamine witnesses;

6.  Appeal adverse orders and judgments as provided by the rules of civil procedure;

7.  Representation by courtappointed 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.  The requirement that the subject of the proceeding be present at a hearing may be waived only for good cause shown.  The court shall make inquiries to determine whether there is sufficient cause to waive the right to be present.  Whenever the requirement that the subject of the proceeding be present is waived, the court shall make a finding on the record as to the reason the subject of the proceeding is not present at the proceeding and the alternatives which were considered to enable the subject of the proceeding to be present.

C.  Any person may apply for permission to participate in a proceeding or to be admitted to a proceeding which has been closed to the public.  The court may grant the request to participate upon determining that the best interest of the subject of the proceeding will be served thereby.  The court may, for good cause shown, grant the request of such person for permission to be admitted to the closed proceeding upon determining that said person has a legitimate interest in the proceedings.  In granting either request, the court may impose any appropriate conditions it deems necessary.

D.  If the subject of the proceeding is under the influence of psychotropic medication, during any judicial hearing held pursuant to  the Oklahoma Guardianship and Conservatorship Act, the court shall be advised of this fact, the purpose of the medication, and the effect which it may have on the individual's actions, demeanor and participation at the hearing.

E.  Statements of individuals alleged or found to be partially  incapacitated or incapacitated persons made during the course of the evaluations, examinations and treatment pursuant to the Oklahoma Guardianship and Conservatorship Act shall be privileged and confidential.  Such statements shall not be admissible without the individual's consent in any civil or criminal proceeding other than a proceeding held pursuant to the Oklahoma Guardianship and Conservatorship Act.

F.  A party to a proceeding held pursuant to the Oklahoma Guardianship and Conservatorship Act may be relieved of court costs and filing fees as specified by Section 152 of Title 28 of the Oklahoma Statutes or as provided by Section 192 of Title 56 of the Oklahoma Statutes.

G.  At the request of any party to a proceeding pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act, the court shall order that a stenographic or mechanical record of the proceeding be made.

Added by Laws 1988, c. 329, § 43, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 29, operative July 1, 1990.


§30-3-106.1.  Court-appointed advocates for vulnerable adults programs.

A.  As used in this section:

1.  "Court-appointed advocates for vulnerable adults" or "CAAVA" means a responsible adult who has been trained and is supervised by a court-appointed advocates for vulnerable adults program recognized by the court, and who has volunteered to be available for appointment under this section to serve as an officer of the court, as a guardian ad litem to represent the best interests of any vulnerable adult over whom the district court exercises jurisdiction, until discharged by the court;

2.  "Court-appointed advocates for vulnerable adults program" means an organized program, administered by either an independent, not-for-profit corporation, a dependent project of an independent, not-for-profit corporation, or a unit of local government, which recruits, screens, trains, assigns, supervises and supports volunteers to be available for appointment by the court as guardians ad litem, to represent the best interests of a vulnerable adult;

3.  "Vulnerable adult" means a person, eighteen (18) years of age or older, who is a victim of abuse, neglect or exploitation, or who is disabled; and

4.  "Best interests" means a determination with regard to a vulnerable adult that is made from the perspective of the vulnerable adult, considering, but without giving primary importance to, the convenience of the vulnerable adult's relatives, caregivers or health care providers, and without regard for the perceived quality of life of the vulnerable adult or the vulnerable adult's perceived nearness to death.

B.  The following entities shall collectively develop policy guidelines for court-appointed advocates for vulnerable adults programs:

1.  Oklahoma Planning Council on Developmental Disabilities;

2.  Court-appointed special advocates (CASA);

3.  Aging Services Division of the Department of Human Services;

4.  Adult Protective Services Program Office;

5.  Office of Public Guardian;

6.  Advocacy Partnership for Aging Oklahomans;

7.  The State Long-Term Care Ombudsman; and

8.  The Developmental Disabilities Division of the Department of Human Services.

C.  1.  Whenever a petition is filed alleging that a potential ward, hereinafter referred to as a vulnerable adult, is abused, neglected, exploited or disabled, or for any other action related to the vulnerable adult, the court may appoint a guardian ad litem for the vulnerable adult at any time subsequent to the filing of the petition.

2.  The court may appoint a guardian ad litem upon the request of the vulnerable adult, the attorney of the vulnerable adult, the Office of Public Guardian, the Adult Protective Services Program Office, Aging Services Division and the Developmental Disabilities Services Division within the Department of Human Services, the Office of the State Long-Term Care Ombudsman, the state legal services developer, or any other party to the action.

3.  A guardian ad litem shall not be a district attorney, an employee of the office of the district attorney, the vulnerable adult's attorney, an employee of the court, or an employee of any public agency having duties or responsibilities related to the vulnerable adult.

4.  The guardian ad litem shall be appointed to advocate objectively on behalf of the vulnerable adult and act as an officer of the court to investigate all matters concerning the best interests of the vulnerable adult.  In addition to other duties required by the court and as specified by the court, a guardian ad litem shall have the following responsibilities:

a. review documents, reports, records and other information relevant to the case, meet with and observe the vulnerable adult in appropriate settings, and interview relatives, health care providers, adult protective services workers and any other persons with knowledge relevant to the case,

b. advocate for the vulnerable adult's best interests by participating in the case, attending any hearings in the matter and advocating for appropriate services for the vulnerable adult when necessary,

c. maintain the confidentiality of information related to the case,

d. monitor the vulnerable adult's best interests throughout any judicial proceeding, and

e. present written reports on the vulnerable adult's best interests that include conclusions and recommendations, and the facts upon which they are based.

5.  The guardian ad litem shall be given access to the court files and agency files and access to all documents, reports, records and other information relevant to the case and to any records and reports of examination of the vulnerable adult's relatives, guardian or custodian, made pursuant to the laws relating to adult abuse and neglect, including reports generated by service providers.

D.  1.  Whenever a court-appointed advocates for vulnerable adults program is available to the court to serve as a guardian ad litem, priority shall be given to appointment of the court-appointed advocate for vulnerable adults to serve as guardian ad litem for the vulnerable adult regardless of whether a guardian ad litem has been requested pursuant to the provisions of this subsection.

2.  A court-appointed advocates for vulnerable adults (CAAVA) program may be made available to each judicial district.

3.  For purposes of this section, the terms "court-appointed advocate for vulnerable adults" and "guardian ad litem" shall have the same function.  In like manner, a court-appointed advocate for vulnerable adults, except as specifically otherwise provided by law or by the court, shall have the same power, duties and responsibilities as assigned to a guardian ad litem by law and shall have such other qualifications, duties and responsibilities as may be prescribed by rule of the Supreme Court.

4.  A court-appointed advocate for vulnerable adults shall serve without compensation.

E.  1.  Any person participating in a judicial proceeding as a court-appointed advocate for vulnerable adults shall be presumed prima facie to be acting in good faith and in so doing shall be immune from any civil liability that otherwise might be incurred or imposed.

2.  Any person serving in a management position of a court-appointed advocate for vulnerable adults organization, including a member of the Board of Directors acting in good faith, shall be immune from any civil liability or any vicarious liability for the negligence of any court-appointed advocate for vulnerable adults organization advocates, managers or directors.

Added by Laws 2002, c. 298, § 1, eff. July 1, 2002.


§303107.  Appointment of counsel  Explanation and inquiry by court  Replacement of appointed counsel  Determination of independence of retained counsel  Record.

A.  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.  Where available, an attorney appointed by the court may be a public defender.

B.  If the subject of the proceeding is present at the hearing on the petition and is not represented by counsel at said hearing:

1.  The court shall explain on the record:

a. the purpose and potential consequences of the proceeding; and

b. the right to be represented by counsel upon request and that if the subject of the proceeding wishes to be represented by counsel, the court will appoint an attorney to represent the subject of the proceeding at the hearing on the petition.

2.  Following such explanation the court shall inquire of the subject of the proceeding whether he wishes to have an attorney appointed.

a. If the subject of the proceeding requests the appointment of an attorney, the court shall appoint an attorney.

b. If the subject of the proceeding does not request the appointment of an attorney and the court is in doubt as to whether the subject of the proceeding is capable of making an informed decision regarding the appointment of an attorney and the court determines that it is in the best interest of the subject of the proceeding to be represented by counsel, the court shall appoint an attorney for the subject of the proceeding, or if the court determines that the appointment of counsel is not in the best interest of the subject of the proceeding, the court shall not appoint an attorney.

c. If the subject of the proceeding does not request the appointment of an attorney and the court determines that the subject of the proceeding is capable of making an informed decision regarding the appointment of an attorney, the court shall not appoint an attorney.

3.  The court may make the explanation and inquiry required by this subsection, regarding the purpose and potential consequences of the proceeding and the appointment of an attorney, prior to the hearing on the petition.  At the hearing on the petition the court shall include on the record the facts related to said explanation and inquiry, the determinations made by the court with respect thereto and the reasons for such determinations.

C.  If the subject of the proceeding is not present at the hearing on a petition alleging him to be an incapacitated or partially incapacitated person and is not represented by counsel and the court has not made the explanation and inquiry as provided by paragraph 3 of subsection B of this section, the court shall make sufficient inquiry to determine affirmatively whether it would be in the best interest of the subject of the proceeding to appoint counsel to represent the subject of the proceeding at the hearing on the petition.

1.  If the court determines that it is in the best interest of the subject of the proceeding to be represented by counsel, the court shall appoint an attorney.

2.  If the court determines that the appointment of counsel is not in the best interest of the subject of the proceeding, the court shall not appoint an attorney.

D.  Whenever the court determines that the appointment of counsel is not in the best interests of the subject of the proceeding, or if the subject of the proceeding does not request the appointment of an attorney and the court determines that the subject of the proceeding is capable of making an informed decision regarding the appointment of counsel, the court shall explain on the record the reason for such determination.

E.  1.  If an attorney is appointed, the court shall delay the hearing on the petition only for the period of time necessary for the attorney to prepare the case for the hearing but in no event less than five (5) days after such appointment.

2.  The attorney appointed by the court shall be replaced by another attorney if:

a. the subject of the proceeding prefers the services of an attorney other than the one initially appointed for him;

b. the preferred attorney agrees to accept the responsibility; and

c. the subject of the proceeding or the attorney whom he prefers notifies the court of the preference and the attorney's acceptance of employment.

3.  An attorney appointed pursuant to this section shall contact the subject of the proceeding promptly after receiving notification of his appointment.  An attorney appointed pursuant to the provisions of this section shall be compensated pursuant to the provisions of Section 4403 of this title.

F.  1.  Except as provided by paragraph 2 of this subsection or as otherwise ordered by the court, the responsibility of an attorney appointed pursuant to the provisions of this section ceases upon the appointment of a guardian or limited guardian of the subject of the proceeding or when a determination not to appeal the decision is made.  The court may appoint an attorney to represent a ward at any subsequent proceeding.

2.  Whenever there is an appeal of a decision made subsequent to a hearing on a petition requesting the appointment of a guardian or limited guardian, the responsibility of an attorney appointed pursuant to this subsection continues with respect to the appeal until the conclusion of the appeal proceedings.  Upon application of the attorney, the court may allow the attorney to withdraw from the case and shall appoint another attorney to represent the subject of the proceeding in any appeal proceedings.

G.  In all cases where independent counsel is retained by or on behalf of the subject of the proceeding, the court shall make independent inquiry to determine whether counsel is independent and whether any conflict of interest exists which would preclude proper representation of the subject of the proceeding or which would be detrimental to the best interest of the subject of the proceeding. The court shall appoint other counsel where retained counsel is found not to be independent.

H.  Proceedings brought pursuant to the provisions of this section shall be made a part of the record in the guardianship proceeding.

Added by Laws 1988, c. 329, § 44, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 30, operative July 1, 1990.


§303108.  Evaluations of subject of proceeding.

A.  After the filing of the petition, the court may, on its own motion or at the request of any party to the proceeding, if the court determines it to be for the best interest of the ward, order an evaluation of the subject of the proceeding in connection with any proceeding pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act where the capacity of said person is a material issue.

B.  Any evaluations made pursuant to the Oklahoma Guardianship and Conservatorship Act, as appropriate for the condition or alleged condition of the person being evaluated, shall be performed by:

1.  A physician;

2.  A psychologist;

3.  A social worker with a graduate degree in social work and field training or experience in working with incapacitated or partially incapacitated persons; or

4.  Other expert with knowledge of the particular incapacity or disability which the individual is alleged or has been found to have, or knowledge of the skills required to meet the essential requirements for the individual's physical health or safety or to manage that individual's financial resources.

C.  An evaluation report prepared and signed by the person or persons performing the evaluation shall be submitted to the court prior to the hearing at which the court shall consider the report.  The report shall include, but not be limited to:

1.  A description of the nature and extent of the incapacity of the person, if any;

2.  A description of the mental, emotional and physical condition of the person, his ability to function in the ordinary activities of daily life and, if appropriate, the educational condition, adaptive behavior and social skills of the person;

3.  An opinion regarding the kind and extent of assistance, if any, required by the person;

4.  An assessment and review of any services necessary to provide for the wellbeing of the person in the following areas:

a. physical health,

b. mental health,

c. social skills, and

d. adequate and appropriate living conditions;

5.  An opinion regarding:

a. the probability that the extent of the incapacity, if any, of the person may significantly lessen or increase, and

b. the type of services or treatment, if any, appropriate for the subject of the proceeding or which could facilitate improvement in the condition of the subject of the proceeding; and

6.  A description of any tests or other evaluative techniques used.

Added by Laws 1988, c. 329, § 45, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 31, operative July 1, 1990.


§303109.  Hearing on petition  Setting of date.

When it is represented to the court in a petition filed pursuant to this act alleging that a person is an incapacitated person or partially incapacitated person, the court shall set a date for a hearing on the petition which date shall be no more than thirty (30) days after the filing of the petition.  The court shall cause notice to be served pursuant to the provisions of Section 3110 of this title and to the attorney of the subject of the proceeding, if any, and if known to the petitioner.

R.L. 1910, § 6538.  Amended by Laws 1955, p. 302, § 1; Laws 1972, c. 174, § 1, eff. Oct. 1, 1972; Laws 1988, c. 329, § 46, eff. Dec. 1, 1988.  Renumbered from Title 58, § 851 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 32, operative July 1, 1990.


§30-3-110.  Notice of hearing.

A.  The court shall cause notice to be served of the time and place of the hearing on the petition requesting the appointment of a guardian for an incapacitated or partially incapacitated person on:

1.  The subject of the proceeding; and

2.  The following persons, other than the petitioner, who are known to the petitioner or whose existence and address can be ascertained by the petitioner with reasonably diligent efforts:

a. the spouse, if any, of the subject of the proceeding,

b. the attorney, if any, of the subject of the proceeding,

c. all adult children of the subject of the proceeding,

d. if there is no such adult child, the then living parent or parents of the subject of the proceeding, or

e. if there is no such parent, all adult brothers and sisters of the subject of the proceeding and all adult grandchildren of the subject of the proceeding;

3.  In case no person listed in paragraph 2 of this subsection is given notice, notice shall be given to at least one and not more than three of the nearest adult relatives of the subject of the proceeding who are known to the petitioner or whose existence and address can be ascertained with reasonably diligent efforts;

4.  If not the petitioner, any person or organization which, in the petition, is proposed to serve as guardian or limited guardian or, to the extent such nomination is known to the petitioner, who is nominated by will or other writing to serve as guardian or limited guardian;

5.  To the extent known to the petitioner:

a. the person or facility having care or custody of the subject of the proceeding, and

b. the Department of Human Services or the Department of Mental Health and Substance Abuse Services, if said Departments are providing services to the subject of the proceeding;

6.  As appropriate, the Veterans Administration pursuant to Section 126.8 of Title 72 of the Oklahoma Statutes; and

7.  Any other person as directed by the court.

B.  A copy of the pleading which gave rise to the notice shall be attached to any notice served pursuant to this section.

C.  Except for actions appointing a special guardian pursuant to Section 3115 of this title:

1.  Notice shall be served personally on the individual who is the subject of the proceeding at least ten (10) days before the time set for hearing.  Such personal service may be made by the attorney for the petitioner, sheriff, or licensed process server.  The person making such services shall make proper return thereof.

2.  Notice to other persons entitled to notice of a hearing on the original petition requesting the appointment of a guardian shall be mailed by regular firstclass mail at least ten (10) days before the time set for the hearing.  Such service by mail may be made by the court clerk, deputy court clerk or attorney for the petitioner.

D.  The notice to the subject of the proceeding shall set forth the date, time, place, and purpose of the hearing to which the notice refers.  Such notice shall be substantially in the following form:

NOTICE OF HEARING

TO:  _______________________________________

  (Name of subject of proceeding)

Service Address ________________________________

You are hereby notified that a petition has been filed alleging that you are an __ incapacitated, __ partially incapacitated person and are incapable of __ caring for yourself, __ managing your property.  The petition requests that a __ guardian, __ limited guardian be appointed by the court to make decisions for you regarding __ yourself, __ your property.  A copy of the petition is attached.

The hearing on the petition will be held on

____________________________________________________________.

(date, time and place of the hearing)

At the hearing a ( ) guardian, ( ) limited guardian may be appointed for your ( ) person, ( ) property.  The judge will explain to you the nature, purpose and effect of the proceedings.

You have the right to attend the hearing.  You may confront and crossexamine all witnesses and present your own witnesses.  You have the right to request that your hearing be closed to the public.  You may request that an expert be appointed to examine you and if the judge believes that an examination is necessary, the judge will order an evaluation to be done.

You have the right to hire an attorney of your choice to represent you.  If you do not have an attorney and you wish to be represented by an attorney at the hearing, the court will appoint one for you. You may request the appointment of an attorney orally or in writing prior to the hearing or at the hearing.  If you are able, you will be required to pay the cost of an attorney appointed by the court.

Added by Laws 1988, c. 329, § 47, eff. Dec. 1, 1988.  Amended by Laws 1989, c. 319, § 1, eff. Nov. 1, 1989; Laws 1990, c. 323, § 33, operative July 1, 1990; Laws 1991, c. 335, § 10, emerg. eff. June 15, 1991.


NOTE:  Laws 1989, c. 270, § 1 repealed by Laws 1990, c. 51, § 146, emerg. eff. April 9, 1990, and Laws 1990, c. 323, § 80, operative July 1, 1990.  Laws 1990, c. 51, § 21 repealed by Laws 1991, c. 335, § 36, emerg. eff. June 15, 1991.


§303111.  Determination by court  Order appointing guardian - Explanation on record.

A.  At the hearing on the petition the court shall determine whether or not it is necessary to appoint a guardian of the person, property or both.  If a guardian is needed, the court shall determine:

1.  When a general or limited guardian of the person of the subject of the proceeding is requested, the essential requirements for the health and safety of the subject of the proceeding and the skills and knowledge necessary to meet those requirements;

2.  When a general or limited guardian of the property of the subject of the proceeding is requested, the type and amount of the financial resources of the subject of the proceeding, the essential requirements for managing the financial resources, and the skills and knowledge necessary to manage the financial resources;

3.  The nature and extent of the incapacity of the subject of the proceeding, if any; and

4.  Whether by clear and convincing evidence the subject of the proceeding is an incapacitated or partially incapacitated person.

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.

R.L. 1910, § 6539.  Amended by Laws 1953, p. 247, § 80; Laws 1955, p. 302, § 2; Laws 1988, c. 329, § 48, eff. Dec. 1, 1988.  Renumbered from Title 58, § 852 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 34, operative July 1, 1990.


§303112.  Appointment of guardians or limited guardians.

A.  Whenever the court finds the subject of the proceeding to be an incapacitated person the court shall appoint:

1.  A general guardian of the person; and

2.  As the court determines to be necessary and appropriate, a guardian of the property of the ward.

B.  Whenever the court finds the subject of the proceeding to be a partially incapacitated person the court shall appoint, as necessary and appropriate for said person:

1.  A limited guardian of the person; or

2.  A general or a limited guardian of the property of said person; or

3.  A limited guardian of the person and a general or limited guardian of the property of said person.

C.  The court may appoint the same or separate persons to serve as guardian or limited guardian of the person and guardian or limited guardian of the property of a ward.

Added by Laws 1988, c. 329, § 49, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 35, operative July 1, 1990.


§303113.  Order appointing guardian - Specific determinations of capacity - Submission of guardianship plan - Other orders.

A.  The order appointing a guardian, based upon evidence adduced, shall set forth:

1.  The determinations made by the court at the hearing;

2.  The name and address of the individual, if any, appointed to serve as the limited guardian or guardian;

3.  The specific limitations imposed upon the ward, if the ward is a partially incapacitated person;

4.  Any authority granted a guardian of the person of the ward to change the place of abode of the ward outside of the state or county without the prior permission of the court; and

5.  Whenever the court determines a review hearing is necessary or desirable, the date of the review hearing.

B.  In establishing the specific limitations on the legal activities of a ward for whom a limited guardian of the person is appointed, the court shall make specific determinations regarding the capacity of the subject of the proceeding, including but not limited to determining whether the ward retains sufficient capacity:

1.  To vote;

2.  To serve as a juror;

3.  To operate a motor vehicle;

4.  To be licensed or continue to practice any profession of the ward; and

5.  To make personal medical decisions including but not limited to decisions to withhold or withdraw lifesustaining procedures, to donate organs, to undergo elective surgery, or to consent to routine or necessary medical or other professional care, treatment or advice.

C.  In establishing the specific limitations on the legal abilities of a ward for whom a limited guardian of the property is appointed, the court shall make specific determinations regarding the capacity of the subject of the proceeding, including but not limited to determining whether the ward retains sufficient capacity to:

1.  Appoint an agent to act on his behalf;

2.  Enter into contracts;

3.  Grant conveyances; or

4.  Make gifts of property.

D.  If not submitted with the petition or at the hearing, the guardian or limited guardian shall submit a guardianship plan as required by Section 3-120 or 3-122 of this title, or both, as appropriate and a copy of said plan shall be mailed to those persons entitled to notice pursuant to paragraphs 1, 2, 3 and 7 of subsection A of Section 3-110 of this title.  The guardianship plan as approved by the court shall be made a part of the order of the court.  Said plan may be modified as provided by this act.

E.  The court may, in its discretion, make such further orders as the court deems necessary for the best interest of the ward for care of the ward and maintenance or management of the ward's property, including but not limited to:

1.  Order the guardian of the property of the ward to provide the ward from such property with specified amounts of money, monthly, or from time to time, which the ward may dispose of as the ward shall determine and for which, other than a showing of the amounts paid to the ward, the guardian will not be required to account.  Such order may be modified upon application of the guardian or any interested person, and a hearing conducted thereon, with notice of the hearing on such application to be given to those persons entitled to notice pursuant to paragraphs 1, 2, 3 and 7 of subsection A of Section 3-110 of this title and shall be given as provided in Section 3110 of this title; and

2.  The amount of the bond as required by Section 4201 of this title.

Added by Laws 1988, c. 329, § 50, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 36, operative July 1, 1990.


§303114.  Assignment of powers to limited guardian  Endorsement of limitation or specification of assets upon letters of guardianship.

A.  The court may assign to a limited guardian of the person any portion of the powers and duties of a general guardian of the person except the power to take custody of the person of the ward.  The court may also assign to the limited guardian the duty to assist the ward in those particular areas in which the capacity of the ward is impaired including, but not limited to, the duty to assist the ward in:

1.  Meeting the requirements for his health or safety;

2.  Protecting his rights;

3.  Obtaining necessary services;

4.  Fulfilling his civic duties; and

5.  Any other areas as determined necessary by the court and which are not specifically prohibited by Section 56 of this act.

B.  An order specifying that only part of the property or estate of a ward is under the control or management of the guardian creates a limited guardianship of the property.

1.  The court may assign to a limited guardian of property any of the duties and powers of a general guardian of the property regarding the management of financial resources which the partially incapacitated person lacks the capacity to perform; or

2.  The court may assign to a limited guardian of property the duty of assisting the ward to perform any of such functions with regard to any financial resource of the ward.

C.  If the court limits any power conferred on the guardian of property or specifies that management of some but not all assets of the ward be placed under the control of a guardian of the property, the limitation or specification of assets subject to the guardianship must be endorsed upon the letters of guardianship.

Added by Laws 1988, c. 329, § 51, eff. Dec. 1, 1988.


§30-3-115.  Appointment of special guardian - Powers - Duration - Bond - Removal.

A.  The court may appoint a special guardian for a person who appears to be or has been found to be an incapacitated or partially incapacitated person when it appears:

1.  There is imminent danger that the health or safety of said person will be seriously impaired or that the financial resources of said person will be seriously damaged or dissipated unless immediate action is taken; and

2.  No other person appears to have authority to act in the circumstances or the guardian previously appointed is unable to or refuses to take action.

B.  The request for appointment of a special guardian may be included in the petition to appoint a guardian or by separate petition, either of which must be verified.

C.  The court may appoint an attorney, separate and apart from the petitioner's attorney, for the subject of the proceeding who does not have legal representation and either cannot afford a private attorney or cannot retain counsel due to incapacity and may proceed to hear the petition as same pertains to appointment of a special guardian with or without notice.  If notice is required, the notice shall set a time for hearing on the petition within seventytwo (72) hours.  Notice shall be served on:

1.  The subject of the proceeding;

2.  The attorney of the subject of the proceeding, if any;

3.  The spouse of the subject of the proceeding, if any, and if the spouse is not the petitioner; and

4.  At least one other adult relative of the subject of the proceeding or any other person who is not the petitioner, as directed by the court.

Notice shall be personally served in the manner as the court directs on the subject of the proceeding and on other persons receiving notice as directed by the court.

D.  The court may without notice appoint a special guardian upon the filing of the petition, upon presentation of evidence of the incapacity of the subject of the proceeding, upon a showing that an immediate or reasonably foreseeable serious physical harm to the subject of the proceeding or serious impairment of the financial resources of said person will result from a delay, and upon presentation of a proposed emergency plan of care for the subject of the proceeding.  Whenever a special guardian is immediately appointed as provided by this subsection, the court shall cause a copy of the petition, order and letters of special guardianship to be served on:

1.  The subject of the proceeding;

2.  The spouse of the subject of the proceeding, if any, if the spouse is not the petitioner; and

3.  At least one other adult relative of the subject of the proceeding, if such relative is known or can be ascertained with reasonable diligence, or by any other person who is not the petitioner, as directed by the court.

The notice shall be served in the manner the court directs.

E.  The court shall grant the special guardian only those powers necessary to act with respect to the particular emergency, as determined by the court.  The special guardian shall be granted only powers to accomplish acts that are both supported by the proposed emergency plan of care and found necessary by the court.  Power to change the place of residence of the subject of the proceeding shall be specifically granted by the court upon a showing that the needs of the subject of the proceeding cannot be met within such subject's present residential arrangements.  The court's approval shall be required for any changes in either the emergency plan of care or the specified powers of the special guardian.  The letters for a special guardian shall state that the person is a special guardian, the date of the expiration of the special guardianship, and the specific power or powers of the special guardian.

F.  The appointment of a special guardian shall be effective from the date of appointment until a guardian is appointed pursuant to Section 1-112 of this title, or for thirty (30) days, whichever is less.

G.  The court shall not require bond if the appointment is over the person only, and may require or waive bond if the appointment is as to the property of the ward.

H.  The authority of any guardian or limited guardian previously appointed by the court is suspended with regard to the powers granted to the special guardian, but not otherwise, for as long as a special guardian has authority as provided by this section.

I.  The court may remove a special guardian at any time.  The special guardian shall file a report showing all actions taken during the special guardianship and shall make any other report the court requires.

Added by Laws 1988, c. 329, § 52, eff. Dec. 1, 1988.  Amended by Laws 1989, c. 319, § 2, eff. Nov. 1, 1989; Laws 1990, c. 323, § 37, operative July 1, 1990; Laws 1994, c. 234, § 4, eff. Sept. 1, 1994; Laws 2001, c. 322, § 1, emerg. eff. June 1, 2001.


§303116.  Proceedings to determine restoration to capacity.

A.  Any person who has been judicially determined to be an incapacitated or partially incapacitated person, the guardian or limited guardian, any relative of the ward or any friend of the ward may apply by petition to the district court of the county in which such person was declared incapacitated or partially incapacitated, to have the fact of the ward's restoration to capacity judicially determined.  The petition shall be verified, and shall state that such person is no longer incapacitated or partially incapacitated.

B.  Upon receiving the petition, the court shall appoint a day for the hearing.  Such hearing shall be set within thirty (30) days after the date of the filing of the petition.  The court shall cause notice to be served as provided by Section 3110 of this title and to the attorney of the subject of the proceeding, if any, and if known to the petitioner.  At the hearing, the guardian or relative of the petitioner, and in the discretion of the court, any other person, may contest the right of the petitioner to the relief demanded.  Witnesses may be required to appear and testify, as in all other civil matters, and may be called and examined by the judge on his own motion.  If it is found that the petitioner is no longer incapacitated or partially incapacitated and capable of taking care of himself or his property, or both, his restoration to capacity shall be adjudged, and the guardianship of such person shall cease.

R.L. 1910, § 6541.  Amended by Laws 1955, p. 303, § 4; Laws 1988, c. 329, § 53, eff. Dec. 1, 1988.  Renumbered from Title 58, § 854 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1989, c. 270, § 2, eff. Nov. 1, 1989; Laws 1990, c. 323, § 38, operative July 1, 1990.


§303117.  Presumption of capacity when guardian discharged without appointment of another.

Whenever a guardian or limited guardian who has been appointed for an incapacitated or partially incapacitated person has been discharged by the final order of a court having jurisdiction thereof, and no other guardian has been appointed for said person by a court of competent jurisdiction, the person for whom said guardian had been appointed shall be presumed to be fully restored and shall be presumed to be fully capable and competent to make contracts and transact any and all business as though said person had never been declared to be incapacitated or partially incapacitated.

Added by Laws 1947, p. 346, § 1.  Amended by Laws 1988, c. 329, § 54, eff. Dec. 1, 1988.  Renumbered from Title 58, § 855 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 39, operative July 1, 1990.


§303118.  Duties and powers of guardian or limited guardian.

A.  A guardian or limited guardian of the person of an incapacitated or partially incapacitated person is responsible for the care or control of the ward pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act, and the orders of the court, and the guardianship plan approved by the court and shall perform diligently and in good faith any specific duties and powers assigned by the court.

B.  1.  A guardian or limited guardian of the person of an incapacitated or partially incapacitated person shall:

a. become or remain sufficiently acquainted with the ward and maintain sufficient contact with the ward to know of the capacities, limitations, needs, opportunities, and physical and mental health of the ward;

b. assure that the ward has a place of abode in the least restrictive, most normal setting consistent with the requirements for his health or safety; and

c. provide any required consents or approvals on behalf of the ward as authorized by the court.

2.  A guardian or limited guardian of the person, if consistent with the terms of an order of the court, may:

a. if no guardian of the property or conservator for the estate of the ward has been appointed, institute proceedings, including administrative proceedings, or take other appropriate action to compel the performance by any person of a duty to support the ward or to pay sums for the welfare of the ward; and

b. consent to routine or necessary medical or other professional care, treatment, or advice for the ward without liability by reason of the consent for injury to the ward resulting from the negligence or acts of third persons unless a parent would have been liable in the circumstances.

C.  If satisfied that the incapacity or partial incapacity of the ward has ceased, the guardian or limited guardian shall file a petition requesting a determination on the restoration to capacity of the ward and the termination of the guardianship.

Added by Laws 1988, c. 329, § 55, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 40, operative July 1, 1990.


§303119.  Limitation of powers of guardian.

A guardian shall have no powers except as provided by the Oklahoma Statutes or given to such guardian in the orders in the guardianship proceeding.  This limitation of powers includes but is not limited to the following:

1.  No guardian shall have the power to consent on behalf of the ward to the withholding or withdrawal of lifesustaining procedures as defined by the Oklahoma Rights of the Terminally Ill or Persistently Unconscious Act from the ward, except:

a. with specific authorization of the court having jurisdiction over the guardianship proceedings.  Such authorization must be granted in a separate order and only at such time when the ward is in need of lifesustaining treatment,

b. as authorized by an advance directive executed pursuant to the Oklahoma Rights of the Terminally Ill or Persistently Unconscious Act, or

c. as authorized by a consent not to resuscitate made pursuant to the Oklahoma Do-Not-Resuscitate Act;

2.  No guardian or court having jurisdiction of the guardianship proceeding shall have the power to consent on behalf of the ward or order the consent on behalf of the ward to the termination or relinquishment of parental rights of the ward;

3.  Except in an emergency and only as necessary to preserve the life of the ward, no guardian shall have the power to consent on behalf of the ward to an abortion, psychosurgery, removal of a bodily organ, performance of any experimental biomedical or behavioral procedure, or participation in any biomedical or behavioral experiment, except with specific authorization of the court having jurisdiction of the guardianship proceeding;

4.  No guardian shall have the power to prohibit the marriage or divorce of a ward except with specific authorization of the court having jurisdiction of the guardianship proceeding; and

5.  No guardian shall have the power to consent on behalf of the ward to placement of the ward in a facility or institution to which a person without a guardian would have to be committed pursuant to the laws of this state absent formal commitment proceedings in which the ward has independent counsel.

Added by Laws 1988, c. 329, § 56, eff. Dec. 1, 1988.  Amended by Laws 1989, c. 319, § 3, eff. Nov. 1, 1989; Laws 1990, c. 323, § 41, operative July 1, 1990; Laws 1992, c. 114, § 19, eff. Sept. 1, 1992; Laws 1997, c. 327, § 15, eff. Nov. 1, 1997.


§303120.  Proposed plan for care and treatment of ward.

A.  If not filed with the petition or submitted to the court at the time of the hearing, within ten (10) days after his appointment the guardian or limited guardian of the person of an incapacitated or partially incapacitated person shall file with the court, for its approval, a proposed plan for the care and treatment of the ward and shall submit subsequent or modified plans as required by this title.  Upon the application of the guardian or limited guardian, the court may extend the time for filing the plan for not more than thirty (30) days.  The court may approve a plan acceptable to the court without notice or hearing or may, as necessary, order the modification of the plan at the initial review hearing.

B.  1.  The proposed guardianship plan and any subsequent guardianship plans for the care and treatment of the ward shall state:

a. the services which are necessary to meet the essential requirements for the physical health or safety of the ward taking into account the contents and recommendations of an evaluation report made with respect to the ward, if any;

b. the means for obtaining those services;

c. the manner in which the guardian or limited guardian, the ward, and the guardian of the property of the ward or the conservator, or if an organization or another person has been appointed to serve in that capacity, will exercise and share decisionmaking authority; and

d. such other services necessary to assist in fulfilling the needs of the ward, the terms of the most recent dispositional order applying to such guardian or limited guardian, and the duties of such guardian or limited guardian.

2.  Each such plan shall be substantially in the following form:

Plan for the Care and Treatment of a Ward

I, _______________________, the (guardian, limited

  (Name)

guardian) for___________________________________________________

(Name and the current place of abode of the ward)

hereby submit this (initial, annual or as ordered by the court) Guardianship Plan for the care and treatment of said ward.

1.  I believe the services necessary for the physical health and safety of the ward are: ___________________________

2.  Those services will be obtained or provided as follows:

_______________________________________________________________

3.  The guardian (or conservator) of the property (Name or indicate as not applicable) of the ward, the ward, and I plan to cooperate and share decisionmaking authority with regard to the ward within the provisions of the dispositional order as follows: ________________ _______________________________________________________________

4.  I believe the following services will assist in fulfilling the needs of the ward, implementing the terms of the most recent dispositional order applying to me as (guardian or limited guardian):

________________________   __________________________

Date (Signature of guardian or

  limited guardian)

C.  If ordered by the court, the plan for the care and treatment of the ward shall be prepared with the assistance of any person designated by the court to provide such assistance.

Added by Laws 1988, c. 329, § 57, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 42, operative July 1, 1990.


§303121.  Disposition of financial resources under supervision and control of guardian or limited guardian  Petition for restoration of capacity.

A.  A guardian of the property must keep safe the property of his ward and shall act as a fiduciary as provided by Section 1121 of this title.

Subject to the order and the guardianship plan for the management of the financial resources of the ward, a guardian or limited guardian of the property of the ward:

1.  Shall expend or distribute, authorize the expenditure or distribution of, and assist in the expenditure or distribution of, the principal of or income from the financial resources placed under his supervision and control to assure that:

a. the essential requirements for the physical health or safety of the ward are met,

b. the property rights of the ward are protected,

c. the financial resources of the ward which are subject to the guardianship are prudently managed, and

d. the guardian or limited guardian of the person of the ward, if any, or if other than the guardian or limited guardian of the property, is able to perform the duties and powers assigned by the court;

2.  May expend funds of the estate for the support of persons legally dependent on the ward and others who are members of the ward's household who are unable to support themselves, and who are in need of support;

3.  May, subject to prior specific approval by the court, make gifts to charity, persons, which may include the guardian or limited guardian, or both such charity and persons, as the ward might have been expected to make, based upon an established pattern of giving made by the ward prior to the appointment of a guardian or limited guardian or if the court finds it is in the best interest of the subject of the proceeding on the basis of tax or estate planning.  The court may approve gifts of small amounts for holidays, birthdays or similar occasions and shall specify in the order the maximum amount which may be expended for such purpose and the person or persons to whom such gifts can be made, which may include guardians or limited guardians.

B.  Limited guardians of property shall consider the size of the financial resources of the ward which have not been placed under their supervision or control.

C.  If satisfied that the incapacity or partial incapacity of the ward has ceased, the guardian or limited guardian of the property shall file a petition requesting a determination on the restoration to capacity of the ward and the termination of the guardianship.

Added by Laws 1988, c. 329, § 58, eff. Dec. 1, 1988.  Amended by Laws 1989, c. 319, § 4, eff. Nov. 1, 1989; Laws 1990, c. 323, § 43, operative July 1, 1990.


§303122.  Proposed plan for management of financial resources of ward.

A.  If not filed with the petition or submitted to the court at the time of the hearing, within two (2) months after his appointment, a guardian or limited guardian of the property of an incapacitated or partially incapacitated person shall file with the court for its approval a proposed plan for the management of the financial resources of the ward that are under his management or administration, and an inventory as required pursuant to Section 4-301 of this title.  Said guardian or limited guardian shall submit subsequent or modified plans as required by this title.

B.  Initial and subsequent guardianship plans for the management of the financial resources of the ward shall state:

1.  The services which are necessary to manage the property of the ward placed under the control of the guardian or limited guardian;

2.  The means for obtaining those services;

3.  The manner in which the guardian or limited guardian of the property of the ward, the ward, and the guardian or limited guardian of the person, or if another individual has been appointed to serve in that capacity, will exercise and share decisionmaking authority;

4.  Such other services necessary to assist in the management of the property placed under the guardian or limited guardian in fulfilling the needs of the ward and the duties of such guardian or limited guardian, and the terms of the most recent dispositional order.

C.  Each such plan shall be substantially in the following form:

Plan for the Management

of the Property of the Ward

I, ______________________, the (petitioner, guardian or limited

(Name)

guardian) for___________________________________________________

  (Name and current place of abode)

hereby submit this (initial, annual or as ordered by the court) Guardianship Plan.

1.  I believe the services necessary to manage the property of the ward which is subject to this Plan are as follows:  ________________ _______________________________________________________________

2.  Those services will be provided in the following manner: ____________________________________________________________ ____________________________________________________________

3.  The guardian (or limited guardian) of the person, (Name, or indicate as not applicable) the ward, and I plan to cooperate and share decisionmaking authority with regard to the ward within the provisions of the dispositional order as follows: _______________________________________________________________ _______________________________________________________________

4.  I believe the following services will assist in the management of the property of the ward subject to my control, implementing the terms of the most recent dispositional order applying to me as (guardian or limited guardian) of the property: _______________________________________________________________ _______________________________________________________________

______________   ____________________________________

Date   (Signature of guardian or limited guardian)

Added by Laws 1988, c. 329, § 59, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 44, operative July 1, 1990.


§303123.  Sale or lease of homestead of incapacitated or partially incapacitated person.

Guardians of incapacitated and partially incapacitated persons are authorized and empowered subject to the dispositional order and the guardianship plan to sell and convey all or part of the homestead of the incapacitated or partially incapacitated person, and to lease all or part of the homestead of the incapacitated or partially incapacitated person for oil, gas, and other mineral exploration, development and production purposes and for agricultural purposes.

Added by Laws 1959, p. 223, § 1.  Amended by Laws 1988, c. 329, § 60, eff. Dec. 1, 1988.  Renumbered from Title 58, § 856 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§30-3-124.  Sale or lease of real property by guardian - Approval - Joinder of spouse.

When the ward owns an interest in a tract of real property in addition to a homestead interest, no conveyance, deed, contract or lease executed pursuant to the authority granted by Section 3-123 of this title shall be valid, unless the sale or leasing be conducted in the manner provided by law for the sale or leasing of other lands of an incapacitated or partially incapacitated person, be approved by the court in which the guardianship proceeding is pending, and the spouse of the ward be a party to such conveyance, deed, contract or lease and join in the execution and acknowledgment thereof, but when the ward owns no interest in a tract of real property other than a homestead interest or possible homestead interest, a guardian may execute a conveyance thereof on behalf of the ward for the purpose of waiving such homestead interest or possible homestead interest, if so authorized by order of the court in which such proceeding is pending, made pursuant to application and notice sent by ordinary mail to the persons set forth in Section 3-110 of this title at least ten (10) days prior to the hearing of such application.

Added by Laws 1959, p. 223, § 2.  Amended by Laws 1988, c. 329, § 61, eff. Dec. 1, 1988.  Renumbered from Title 58, § 857 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1994, c. 234, § 5, eff. Sept. 1, 1994.


§303125.  Application  Sections 60 and 61 cumulative.

Sections 60 and 61 of this act apply only to the homestead and are cumulative and in addition to any such procedures now provided or permissible under existing statutes.

Added by Laws 1959, p. 223, § 3.  Amended by Laws 1988, c. 329, § 62, eff. Dec. 1, 1988.  Renumbered from Title 58, § 858 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§303126.  Estates of incapacitated or partially incapacitated persons not exceeding $10,000.00  Disposition  Discharge and release.

A.  When the whole estate of an adult who has been adjudicated to be incapacitated or partially incapacitated does not exceed the value of Ten Thousand Dollars ($10,000.00), the court may, in its discretion, without the appointment of a guardian or the giving of bond, authorize the deposit thereof in a depositary authorized to receive fiduciary funds in the name of a suitable person designated by such court, or, if the assets do not consist of money, authorize the delivery thereof to a suitable person designated by such court.  The person receiving such property shall hold and dispose of the same in such manner as such court directs.

B.  The person making payment, delivery, transfer or issuance of property or evidence thereof to the person designated by such court under this section is discharged and released to the same extent as if such payment, delivery, transfer or issuance was made to a guardian of the incapacitated or partially incapacitated person, and he is not required to see to the application thereof.  A person making payment, delivery, transfer or issuance of property, or evidence thereof, to a next friend or guardian ad litem may be discharged and released as provided for in the Oklahoma Guardianship and Conservatorship Act.

Added by Laws 1967, c. 51, § 2, emerg. eff. April 14, 1967.  Amended by Laws 1988, c. 329, § 63, eff. Dec. 1, 1988.  Renumbered from Title 58, § 898.2 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 45, operative July 1, 1990.


§30-3-201.  Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

§30-3-202.  Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

§30-3-203.  Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

§30-3-204.  Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

§30-3-205.  Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

§30-3-206.  Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

§30-3-207.  Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

§30-3-208.  Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

§30-3-209.  Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

§30-3-210.  Repealed by Laws 1989, c. 276, § 17, eff. Nov. 1, 1989.

§303211.  Petition for appointment of conservator by reason of physical disability  Consent  Notice and hearing.

When it is represented to the court upon verified petition of any person, any relative, or friend that:

1.  A person is an inhabitant or resident of the county or is not a resident of the county or the state but has property within the county;

2.  That such person is, by reason of physical disability only, unable to manage his property; and

3.  That such person voluntarily consents to the establishment of a conservatorship and the appointment of a conservator, the court must cause notice to be served personally on the person so alleged to be unable to manage his property and on such other persons and in such manner as the court directs, of the time and place of hearing such petition, not less than five (5) days before the time so appointed, and such person, if able to attend, must be produced before the court at the hearing.

Added by Laws 1989, c. 276, § 7, eff. Nov. 1, 1989.  Amended by Laws 1990, c. 323, § 46, operative July 1, 1990.


§303212.  Appointment of conservator  Consent necessary.

If, after a full hearing and examination upon such petition, it appears to the court that the person in question is, by reason of physical disability, unable to manage his property and that such person consents to the appointment of a conservator, the court shall appoint a conservator of the estate of such person.  A conservator shall not be appointed if the person in question does not consent to the appointment.

Added by Laws 1989, c. 276, § 8, eff. Nov. 1, 1989.


§303213.  Persons ineligible for appointment as conservator.

No person shall be appointed conservator of an estate who would be ineligible to act as guardian of the ward in such case.

Added by Laws 1989, c. 276, § 9, eff. Nov. 1, 1989.


§303214.  Care, custody and management of estate  Bond.

Every conservator appointed to preserve and protect the estate of his ward as provided in Sections 3201 and 3202 of Title 30 of the Oklahoma Statutes shall have the care, custody and management of such estate until such conservator is legally discharged.  The conservator shall give bond to the State of Oklahoma, in like manner and with like conditions as provided for guardians of incapacitated and partially incapacitated persons.

Added by Laws 1989, c. 276, § 10, eff. Nov. 1, 1989.  Amended by Laws 1990, c. 323, § 47, operative July 1, 1990.


§303215.  Powers and duties of conservator  Jurisdiction of court.

A conservator shall have the same powers and duties, including the submission of plans and reports, as a guardian or limited guardian of the property of an incapacitated or partially incapacitated person as required by the Oklahoma Guardianship and Conservatorship Act.  All laws relative to the jurisdiction of the court over the estate of a person under guardianship as an incapacitated or partially incapacitated person, including the investment, management, sale or mortgage of his property and the payment of his debts, shall be applicable to the estate of a person under conservatorship.

Added by Laws 1989, c. 276, § 11, eff. Nov. 1, 1989.  Amended by Laws 1990, c. 323, § 48, operative July 1, 1990.


§303216.  Discharge of conservator  Accounting.

A conservator may be discharged by the court upon the application of the ward or otherwise upon such notice to the conservator and next of kin of said ward as the court may determine reasonable and proper, when it appears that the conservatorship is no longer necessary.  In the event of the death, resignation or removal of a conservator, the court, on the application of the former ward and upon such notice to the next of kin of said ward as the court may order, may certify that said ward is discharged by operation of law if it appears that the conservatorship of said ward is no longer necessary.  Upon the termination of a conservatorship, a conservator shall account to the court as otherwise provided by the Oklahoma Guardianship and Conservatorship Act for guardians of property.

Added by Laws 1989, c. 276, § 12, eff. Nov. 1, 1989.  Amended by Laws 1990, c. 323, § 49, operative July 1, 1990.


§303217.  Compensation of conservator.

The conservator shall receive as compensation for his services the compensation provided by law for guardians.

Added by Laws 1989, c. 276, § 13, eff. Nov. 1, 1989.


§303218.  Subsequent appointment of guardian of ward  Effect on estate.

Any subsequent appointment of a guardian of said ward as an incapacitated or partially incapacitated person shall be an appointment as guardian of the person only of said ward and shall not include the appointment of such guardian of the estate of said ward or in any manner affect the custody, management and the handling of the estate of said ward by the conservator so long as such conservatorship proceedings are pending.

Added by Laws 1989, c. 276, § 14, eff. Nov. 1, 1989.


§303219.  Limitation on right of ward to contract.

Upon the appointment of a conservator, the ward shall not thereafter have the power to enter into any contract creating an obligation against his estate except for necessities.

Added by Laws 1989, c. 276, § 15, eff. Nov. 1, 1989.


§303220.  Validation of prior conservatorships.

All conservatorships created prior to the effective date of the Oklahoma Guardianship and Conservatorship Act, Section 1-101 et seq. of this title, with the consent of the person for whose property a conservator was appointed, are hereby validated.  Each such conservatorship shall be presumed to have been created by consent unless otherwise established by documents filed in the conservatorship action or by other evidence.

Added by Laws 1989, c. 276, § 16, eff. Nov. 1, 1989.  Amended by Laws 1990, c. 323, § 50, operative July 1, 1990; Laws 1992, c. 395, § 2, eff. Sept. 1, 1992.


§30-4.  Renumbered as § 1-109 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

§304101.  Appointment as guardian of more than five wards prohibited  Exceptions.

No person shall be appointed guardian of any minor or incapacitated or partially incapacitated person, who is, at the time of the hearing of the application for appointment, the guardian of as many as five persons, other than his own family or relatives.  The provisions of this section and Section 4102 of this title shall not apply to boards of control and superintendents of eleemosynary or charitable institutions, under the control and charge of the state, where under the law such boards of control and superintendents may be appointed as guardians of the estates, or of the persons, of those committed to their charge or safekeeping.  The provisions of this section shall not prohibit the appointment of officers or managers of fraternal or benevolent orders or homes and church orphanages as to inmates of such institutions.  This section shall in no way alter or repeal the provisions of Section 1001 of Title 6 of the Oklahoma Statutes, or Section 126.4 of Title 72 of the Oklahoma Statutes.

Added by Laws 1913, c. 172, p. 391, § 1.  Amended by Laws 1915, c. 203, § 1; Laws 1953, p. 245, § 66; Laws 1988, c. 329, § 72, eff. Dec. 1, 1988.  Renumbered from Title 58, § 773 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 51, operative July 1, 1990.


§304102.  Violations  Punishment.

Any person or official violating the provisions of Section 4101 of this title shall be guilty of a misdemeanor.

Added by Laws 1913, c. 172, p. 391, § 2.  Amended by Laws 1953, p. 245, § 67; Laws 1988, c. 329, § 73, eff. Dec. 1, 1988.  Renumbered from Title 58, § 774 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 52, operative July 1, 1990.


§304103.  Disqualification by financial relations with judge of district court  Removal of ineligible guardians  Liability for continuing to act  Removal of judge.

No natural person shall be eligible to act as guardian of an estate under the jurisdiction of any judge of the district court, if said judge of the district court is under any financial obligation whatsoever to such person.  If any judge of the district court, while holding the office of judge of the district court, becomes pecuniarily liable to any guardian of any minor or incapacitated or partially incapacitated person, such liability shall operate to disqualify such guardian.  It is hereby made the duty of the judge of the district court to enter on the court docket such disqualifying conditions.  The disqualification shall also apply if such person, except a parent who is guardian of his or her own child or children has rendered financial aid to said judge, in securing his nomination and election to the office of judge of the district court, or his appointment as judge of the district court.  Persons who have heretofore been appointed guardians, who are not eligible to act under this section shall be by the judge of the district court removed and successors appointed, as provided by law.  If any person not eligible to act under this section continues to act as guardian, after such ineligibility has been legally determined, such person and the surety upon his bond shall be liable to the estate of the minor or incapacitated or partially incapacitated person for all money unlawfully paid by such ineligible guardian out of the estate of such minor or incapacitated or partially incapacitated person, and if a judge of the district court knowingly permits an ineligible person to act, he shall be removed from office.

Added by Laws 192324, c. 84, p. 100, § 1.  Amended by Laws 1953, p. 248, § 84; Laws 1988, c. 329, § 74, eff. Dec. 1, 1988.  Renumbered from Title 58, § 881 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 53, operative July 1, 1990.


§304104.  Eligibility of nonresidents  Foreign trust companies or institutions  Domestic corporations or trust companies.

No person who has not been a resident, in good faith, of the State of Oklahoma for one (1) year past shall be appointed guardian of the property or person of a minor or an incapacitated or partially incapacitated person by the state courts of the State of Oklahoma, and no foreign trust company or institution shall be appointed guardian of the property or person of any minor or an incapacitated or partially incapacitated person by the state courts of the State of Oklahoma.  Provided that this shall not prevent one from being appointed guardian of his own spouse, child, children, grandchild, grandchildren, parent, grandparent, brother, sister, aunt, uncle, niece or nephew even though he be a nonresident.  No domestic corporation or trust company shall be appointed or qualify as guardian of a minor or incapacitated or partially incapacitated person unless such company is at the time a resident of and maintains its usual place of business in the county of the residence of such minor or incapacitated or partially incapacitated person.  No such company shall be appointed or act as such guardian unless its principal place of business is located in the county where such proceedings are filed and conducted.  Such a domestic corporation or a natural person not a resident of the State of Oklahoma may be appointed as such guardian upon the written request in a will or otherwise of a person eligible to make such nomination pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act.

Added by Laws 1927, c. 39, p. 60, § 1.  Amended by Laws 1933, c. 79, p. 144, § 1; Laws 1953, p. 245, § 68; Laws 1967, c. 53, § 1, emerg. eff. April 14, 1967; Laws 1976, c. 133, § 1; Laws 1977, c. 107, § 1; Laws 1979, c. 258, § 12; Laws 1986, c. 67, § 1, eff. Nov. 1, 1986; Laws 1988, c. 329, § 75, eff. Dec. 1, 1988.  Renumbered from Title 58, § 775 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 54, operative July 1, 1990.


§304105.  Inquiry into suitability of person proposed to serve as guardian.

A.  In conducting an inquiry to determine whether a person is suitable to serve as a guardian, the court shall determine if:

1.  The person proposed to serve as guardian is a minor or an incapacitated or partially incapacitated person;

2.  The person proposed to serve as guardian is a convicted felon;

3.  The person proposed to serve as guardian is insolvent or has declared bankruptcy during five (5) years prior to the filing of the pleading proposing such person to serve as guardian;

4.  The person proposed to serve as guardian or is under any financial obligation to the ward; or

5.  There exists a conflict of interest which would preclude or be substantially detrimental to the ability of the person to act in the best interest of the subject of the proceeding if such person is appointed.

B.  No minor or incapacitated person shall be appointed guardian of an incapacitated or partially incapacitated person.

C.  If the person proposed to serve is a convicted felon, the court shall make further inquiry into the nature of the felony and the circumstances surrounding the conviction.  The court shall appoint such person proposed to serve only upon determining that the facts underlying the conviction do not give rise to a reasonable belief that that person proposed to serve will be unfaithful to or neglectful of his fiduciary responsibilities, and that the appointment is in the best interest of the ward.

D.  If the person proposed to serve as guardian or limited guardian of the property of an incapacitated or partially incapacitated person is insolvent or has declared bankruptcy within five (5) years prior to the filing of the pleading proposing that such person serve, the court shall appoint such person only after giving due consideration to the nature and extent of the property of the ward and the anticipated actions necessary to manage the estate of the ward, and only upon a determination that such appointment is in the best interest of the ward.  Insolvency or bankruptcy shall have no effect on the qualification of a person proposed to serve as guardian or limited guardian of the person of an incapacitated or partially incapacitated person.

E.  If the person proposed to serve as guardian or limited guardian of the property of an incapacitated or partially incapacitated person is under any financial obligation to the ward, the court shall make further inquiry into the nature and extent of such obligation.  The court shall appoint the person proposed to serve only after a determination that such obligation will not impair the ability of the person proposed to serve to discharge his fiduciary responsibilities, and that the appointment is in the best interest of the ward.  Being under financial obligation to the ward shall have no effect on the qualification of a person proposed to serve as guardian or limited guardian of the person of an incapacitated or partially incapacitated person.

F.  A current or potential conflict of interest which is not substantial and not likely to preclude or impair the ability of a person proposed to serve as a guardian acting in the best interest of his ward shall not, by itself, disqualify such person from appointment.

Added by Laws 1988, c. 329, § 76, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 55, operative July 1, 1990.


§30-4-201.  Guardian's bond.

A.  Before the entry of an order appointing a person or organization as a guardian of the person and before the letters issue, the court may require the person or organization to be appointed to provide a bond to this state, with sufficient sureties, to be approved by the court, and in such penal sum as the court shall order, conditioned that the guardian will faithfully execute the duties of the trust according to law.

B.  1.  Before the entry of an order appointing a person or organization as the guardian of a minor or as the guardian or limited guardian of the property of an incapacitated or partially incapacitated person takes effect, and before the letters issue, the court shall require the person or organization to be appointed to provide a bond, in an amount not less than the value of intangible personal property as alleged in the petition or otherwise determined by the court at the hearing on the petition, to this state, with sufficient sureties, to be approved by the court, and in such penal sum as the court shall order, conditioned that the guardian will faithfully execute the duties of the trust according to law.

2.  Except as otherwise provided by paragraph 3 of this subsection, upon a finding by the court that the anticipated annual income to a ward for one (1) year plus the value of the personal property of the ward is less than Forty Thousand Dollars ($40,000.00), the court may order that a bond is not necessary.  For purposes of this paragraph, personal property shall not include property owned with a joint tenant.

3.  The provisions of this section shall not apply to cases subject to the Uniform Veterans Guardianship Act.

C.  In the event the intangible personal property of the ward, as determined by the inventory, is in a greater amount than as alleged in the petition or determined by the court at the hearing on the petition, the guardian shall file at the time the inventory is filed a bond sufficient for the full amount of the intangible personal property, which bond will be in substitution for the bond originally filed on the appointment of the guardian.  The amount of the bond in the future may be adjusted up or down in amount based upon the intangible personal property shown in future annual accountings; provided, however, no bond shall be reduced except upon order of the court.

R.L. 1910, § 6532.  Amended by Laws 1953, p. 245, § 69; Laws 1963, c. 133, § 1; Laws 1987, c. 164, § 3, operative July 1, 1987; Laws 1988, c. 181, § 3, eff. Nov. 1, 1988; Laws 1988, c. 329, § 77, eff. Dec. 1, 1988.  Renumbered from § 776 of Title 58 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 56, operative July 1, 1990; Laws 1991, c. 18, § 3, emerg. eff. March 29, 1991; Laws 1994, c. 234, § 6, eff. Sept. 1, 1994; Laws 1998, c. 77, § 1, eff. Nov. 1, 1998; Laws 2004, c. 181, § 7, eff. Nov. 1, 2004.


§304202.  Request for security or bond  Suspension of powers  Order.

When a petition is presented praying that a guardian be required to give further security, or to give bond where, by order of the court no bond was originally required, and it is alleged on oath that such is necessary to serve the best interest of the ward or his estate, the judge may, by order, suspend his powers until the matter can be heard and determined.  If the judge determines a bond or other security is in the best interests of the ward or his estate, the judge shall order the same to be posted, and if it is not given within a reasonable time, to be fixed by the judge, the guardian shall be removed.

Added by Laws 1987, c. 164, § 5, operative July 1, 1987.  Renumbered from Title 58, § 776.2 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304203.  Requirement of new bonds  Discharge of sureties on old bond.

The court may require a new bond to be given by a guardian whenever the court deems it necessary, and may discharge the existing sureties from further liability, after due notice is given as the court may direct, when it shall appear that no injury can result therefrom to those interested in the estate.

R.L. 1910, § 6580.  Amended by Laws 1988, c. 329, § 78, eff. Dec. 1, 1988.  Renumbered from Title 58, § 779 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304204.  Preservation of bonds  Breach of condition  Actions on bonds.

Every bond given by a guardian must be filed and preserved in the office of the district court clerk, and in case of a breach of a condition thereof, may be prosecuted for the use and benefit of the ward or of any person interested in the person or estate of the ward.

R.L. 1910, § 6581.  Amended by Laws 1953, p. 246, § 71; Laws 1988, c. 329, § 79, eff. Dec. 1, 1988.  Renumbered from Title 58, § 780 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304205.  Limitation of action on bond  Effect of disability.

No action can be maintained against the sureties on any bond given by a guardian, unless it be commenced within three (3) years from the discharge or removal of the guardian; but if at the time of such discharge a person entitled to bring such action is under any legal disability to sue, the action may be commenced by such person at any time within three (3) years after such disability is removed.

R.L. 1910, § 6582.  Amended by Laws 1988, c. 329, § 80, eff. Dec. 1, 1988.  Renumbered from Title 58, § 781 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304301.  Inventory and account of estate of ward  Appraisal  Waiver of inventory prohibited.

A.  Every guardian or limited guardian of the property of a ward shall file an inventory of the estate of his ward within two (2) months after his appointment.  The time to file an inventory may be extended by the court for good cause shown.  The court may, upon application made for that purpose by any interested person, compel the guardian or limited guardian of the property of a ward to render a revised inventory or account to the court of the estate of his ward.  Each inventory and account returned or rendered must be sworn to by the guardian or limited guardian.

B.  The guardian shall state his opinion of the value of the estate of the ward described in the first inventory.  Such inventory shall be filed with the district court clerk.  Whenever any other property of the estate of any ward is discovered, not included in the inventory of the estate already returned, and whenever any other property has been succeeded to or acquired by any ward, or for his benefit, like proceedings must be had for the return thereof.  If requested by the ward, judge or any interested person, such property must be appraised by appraisers appointed, sworn and acting in the manner provided for regulating the settlement of the estate of decedents.

C.  The court shall not waive any inventory of property of the ward which is required by this section.

R.L. 1910, § 6549.  Amended by Laws 1953, p. 247, § 82; Laws 1988, c. 329, § 81, eff. Dec. 1, 1988.  Renumbered from Title 58, § 871 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 57, operative July 1, 1990.


§30-4-302.  Repealed by Laws 1990, c. 323, § 80, operative July 1, 1990.

§304303.  Settlement and allowance of accounts  Reports to court  Accounting informations  Date certain for next annual report.

A.  Except as otherwise provided by subsection B of this section, a guardian or limited guardian of the property shall, upon the expiration of a year from the time of appointment, and at least annually thereafter, present accounts to the court for settlement and allowance as part of the guardianship report as required by Section 4-306 of this title.

B.  1.  In addition, a guardian or limited guardian of the property shall:

a. present accounts whenever the court requires that such report or accounts be presented, and

b. with the annual report of accounts, report any changes of property listed on the inventory required by Section 4301 of this title.  The report shall state the compensation requested by the guardian and for the attorneys.

2.  If there has been a significant change in the physical or mental condition of the ward, or the ward's financial resources, the details thereof shall be set forth in the annual report required by subsection A of this section.

3.  Except as otherwise directed by the court or required by the Uniform Veteran's Guardianship Act (72 U.S.C. 126.1, et seq.), the provisions of this subsection regarding the filing of an annual accounting and annual plan shall not apply to any guardianship of the property of a ward if the ward's financial resources or assets, other than a homestead, are worth less than Forty Thousand Dollars ($40,000.00) if a bond has been posted, or are worth less than Ten Thousand Dollars ($10,000.00) regardless of whether or not a bond has been posted, and if the guardian or limited guardian of the property is the spouse or a relative of the ward within the fourth degree of consanguinity.

C.  In addition to the reports required by subsections A and B of this section, a guardian or limited guardian shall submit a report:

1.  If the ward is an incapacitated or partially incapacitated person, when there is a significant change in the capacity of the ward to meet the essential requirements for the physical health or safety of the ward or to manage the financial resources of the ward;

2.  If the ward is a minor, any significant change in the condition of the minor or in the condition of the estate of the minor;

3.  When the guardian or limited guardian resigns or is removed; and

4.  When the guardianship is terminated.

D.  1.  Unless waived at the discretion of the court, a guardian or limited guardian of the person of an incapacitated or partially incapacitated person shall file a report on the guardianship of the person pursuant to Section 4-305 of this title.

2.  A guardian of the person of a minor ward shall not be required to file annual reports of the guardianship of the person of the ward unless ordered by the court.

3.  A guardian or limited guardian of the property of a ward shall file a report on the guardianship of the property pursuant to Section 4-306 of this title.

E.  The court shall not waive the filing of any report for a period in excess of five (5) years.

F.  If the same person or organization is required to file reports as to both the person and the property of a ward, the reports may be consolidated.

G.  An accounting information submitted by a guardian or limited guardian of the property of a ward shall be verified and shall be rendered in the same manner as required by Title 58 of the Oklahoma Statutes with respect to an information of an estate of a decedent.  Such information shall also set forth any charges to the property of the ward which have accrued since the previous accounting or, in the case of an initial accounting, since the filing of an inventory of the property of the ward placed under the control of the guardian or limited guardian.

H.  In addition to other specified information any order of the court approving an annual guardianship plan and report shall include the date certain by which the guardian shall file the next annual report.

R.L. 1910, § 6550.  Amended by Laws 1988, c. 329, § 83, eff. Dec. 1, 1988.  Renumbered from § 872 of Title 58 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 58, operative July 1, 1990; Laws 1992, c. 115, § 2, eff. Sept. 1, 1992; Laws 2001, c. 322, § 2, emerg. eff. June 1, 2001; Laws 2004, c. 181, § 8, eff. Nov. 1, 2004.


§304304.  Account by one of joint guardians.

When an account is rendered by two or more joint guardians, the judge of the district court may allow the same upon oath of any of them.

R.L. 1910, § 6551.  Renumbered from Title 58, § 873 by Laws 1988, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 59, operative July 1, 1990.


§304305.  Report on guardianship of person  Requirements  attachments.

A.  A report on the guardianship of the person of an incapacitated or partially incapacitated person shall set forth:

1.  The name and place of abode of the ward and the name and address of the guardian or limited guardian;

2.  Any significant change in the capacity of the ward to meet the essential requirements for his physical health or safety;

3.  The services being provided to the ward and the relationship of those services to the individual guardianship plan;

4.  Any significant actions taken by the guardian or limited guardian or guardian during the reporting period;

5.  Any significant problems relating to the guardianship which have arisen during the reporting period;

6.  The reasons, if any, why the appointment should be continued; and

7.  The reasons, if any, why no less restrictive alternative will permit the incapacitated or partially incapacitated person to meet the essential requirements for his physical health or safety.

B.  The report shall be substantially in the following form:

Report on the Guardianship of the Person

I,     (Name)    the (Guardian/Limited Guardian of the person)

for     (Name) , an (incapacitated/partially incapacitated) person hereby submit this (annual, courtordered) Guardianship Report.

1.  The present place of abode of the ward is:

_________________________________________________________

_________________________________________________________

2.  The type of home or facility in which the ward lives is _________________________ and the name of the person in charge of the home or facility is _____________________________

3.  My present street address and telephone number is:

________________________________________________________

4.  During the last year, I have seen the ward _______ times.  I otherwise or also have become or remained familiar with the needs and care of the ward as follows: ___________________________

The nature of my visits to the ward have been:

____________________________________________________________

5.  The following services are currently being provided to the ward:

_____________________________________________________________

6.  These services (are, are not) provided for in the current Guardianship Plan.  The reason they are not shown in the current Guardianship Plan is: ___________________________________

7.  The ward was last seen by a physician on: __________________ The purpose of the visit was: ____________________________

8.  I (have, have not) observed any major change in the ward's physical or mental condition during the last year.  (If so,) these are my observations:

_______________________________________________________________

_______________________________________________________________

9.  I (have, have not) taken any significant action for or on behalf of the ward since the last time I submitted a Guardianship Report.

(If so,) I took the following actions:

_______________________________________________________________

10.  There (have, have not) been any significant problems relating to the ward or to my guardianship of the ward since the last time I submitted a Guardianship Report or, if this is an initial report, since the issuance of my letters.  (If so,) I have observed these problems:

_______________________________________________________________

11.  It is my opinion that the guardianship (should, should not) be continued. (If so,) the basis for my belief is as follows: _______________________________________________________________

12.  I believe the ward (would, would not) be able to manage essential requirements for physical health and safety with fewer restrictions on the ward's ability to act for himself or herself.

(If so,) the basis for my belief is as follows:

_______________________________________________________________

13.  My opinion of the present care being provided to the ward is as follows:

_______________________________________________________________

14.  The place of abode of the ward (has, has not) changed since the last guardianship report.  (If so,) the place of abode of the ward was changed for the following reasons:

_______________________________________________________________

I hereby swear that the answers set forth above are true and correct to the best knowledge and belief of the undersigned, subject to the penalties of making a false affidavit or declaration.

Date: _______   ____________________________________________

  (Signature of Guardian or Limited Guardian)

Telephone: _________________________

C.  Whenever there are changes or proposed changes to the guardianship plan, an individual guardianship plan, substantially in the same form as provided in Section 3-120 of this title, shall be submitted with the guardianship report and shall show any such changes or proposed changes in the guardianship plan since last submitted to and approved by the court.

D.  Attached to the report shall be:

1.  An accounting of any monies received by the guardian or limited guardian on behalf of the ward;

2.  Any expenditures made by the limited guardian or guardian on behalf of the ward;

3.  Any compensation requested by the guardian or limited guardian; and

4.  Copies of any appropriate medical records, evaluations, or other similar documentation pertinent to the reporting period.

Added by Laws 1988, c. 329, § 84, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 60, operative July 1, 1990.


§304306.  Report on guardianship or limited guardianship of property  Requirements  Attachments  Review of financial resources.

A.  A report on the guardianship or limited guardianship of the property of a ward shall set forth:

1.  The name and place of abode of the ward, and the name and address of the guardian or limited guardian;

2.  If the ward is an incapacitated or partially incapacitated person, significant changes in the capacity of the ward to manage his financial resources and the services being provided to the ward and the relationship of those services to the individual guardianship plan for the management of financial resources;

3.  Any significant actions taken by the guardian or limited guardian during the reporting period;

4.  Any significant problems relating to the guardianship which have arisen during the reporting period; and

5.  If the ward is an incapacitated or partially incapacitated person, the reasons, if any, why the guardianship should not be terminated, or why no less restrictive alternative would permit the ward to manage his financial resources.

B.  If the ward is an incapacitated or partially incapacitated person, reports on the guardianship of the property shall be substantially in the following form:

Report on the Guardianship of Property

I,     (Name)    the (Guardian or Limited Guardian of the property) of   (Name)   , an incapacitated (or a partially incapacitated) person, hereby submit this (annual, courtordered) Report.

1.  List any significant changes in the capacity of the ward to manage his or her financial resources:__________________________

________________________________________________________________

2.  The services currently being provided to the ward are as follows:

_________________________________________________________

3.  These services (are, are not) provided for in the current Guardianship Plan as approved by the court.

The reason these services are not shown in the current plan are as follows:_______________________________________________________

_______________________________________________________________

4.  I (have, have not) taken any significant actions for or on behalf of the ward since the last time I submitted a Guardianship Report.

(If so:)  These actions are as follows:

_______________________________________________________________

5.  There (have, have not) been any significant problems relating to the guardianship since the last time I submitted a Guardianship Report.

(If so:)  The problems are as follows:

_______________________________________________________________

6.  In my opinion, the guardianship (should, should not) be continued.  The reasons for my belief are as follows:

_______________________________________________________________

7.  It is my belief that the ward (would, would not) be able to manage his or her financial resources with fewer restrictions on the ward's ability to act for him or herself.  The reasons for my belief are as follows:

_______________________________________________________________

I hereby swear that the answers set forth above are true and correct to the best knowledge and belief of the undersigned, subject to the penalties of making a false affidavit or declaration.

_________________   _______________________________________

(Date of Report)   (Signature of Guardian or Limited Guardian)

C.  If the ward is a minor, reports on the guardianship of the property shall be substantially in the following form:

I,   (Name)   the (Guardian or Limited Guardian of the property) of   (Name)   , a minor, hereby submit this (annual, courtordered) Report.

1.  The services currently being provided to the ward are as follows:

_________________________________________________________

2.  These services (are, are not) provided for in the current Guardianship Plan as approved by the court.

The reason these services are not shown in the current plan are as follows:_______________________________________________________

_______________________________________________________________

3.  I (have, have not) taken any significant actions for or on behalf of the ward since the last time I submitted a Guardianship Report.

(If so:)  These actions are as follows:

_______________________________________________________________

4.  There (have, have not) been any significant problems relating to the guardianship since the last time I submitted a Guardianship Report.

(If so:)  The problems are as follows:

_______________________________________________________________

I hereby swear that the answers set forth above are true and correct to the best knowledge and belief of the undersigned, subject to the penalties of making a false affidavit or declaration.

_________________   _______________________________________

(Date of Report)   (Signature of Guardian or Limited Guardian)

D.  Whenever there are changes or proposed changes to the guardianship plan, an individual guardianship plan for the management of financial resources, substantially in the same form as provided in Section 3-122 of this title, shall be submitted with the guardianship report and shall show any such changes or proposed changes in the guardianship plan since last submitted and approved by the court.

E.  The report:

1.  Shall contain a complete financial statement of the financial resources of the ward under the control or supervision of the guardian or limited guardian of the property;

2.  Shall contain an accounting of any receipts and disbursements received, or expenditures made by the guardian or limited guardian on behalf of the ward;

3.  May include any request for compensation for the guardian; and

4.  May include any compensation request for the attorney for the ward.

F.  As directed by the court, following submission of a report or in conjunction with an initial or annual review or any subsequent proceeding, a guardian or limited guardian shall submit to an actual review of the financial resources placed under his control.

Added by Laws 1988, c. 329, § 85, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 61, operative July 1, 1990.


§304307.  Mailing of copies of annual report  Objections to report  Hearing  Order granting immediate relief  Order for compensation  New bond  Appointment of counsel to represent ward.

A.  1.  Upon the filing of an annual report the court shall immediately cause a copy of the report to be mailed by firstclass mail to:

a. the persons entitled to notice pursuant to Section 2101 of this title for minors, or

b. those persons entitled to notice pursuant to paragraphs 1, 2, 3 and 7 of subsection A of Section 3-110 of this title for adults, and

c. the attorney of the ward, if any.

2.  Attached to the copy of the report shall be a statement notifying the person receiving copies of said reports that any objection to the report must be filed within fifteen (15) days after the date of the filing of the annual report with the court.

3.  Any person entitled to receive a copy of the annual report may file an objection to said report within fifteen (15) days after the filing of the annual report with the court.

B.  1.  After notice, the court may on its own motion hold a hearing on an annual report and shall hold a hearing:

a. upon the filing of an objection to the annual report; or

b. when the court is considering issuing an order other than an order accepting the report and granting the relief requested.

2.  Notice for a hearing on an annual report shall be given, by mail, to the persons entitled to notice pursuant to Section 2101 of this title for minors or paragraphs 1, 2, 3 and 7 of subsection A of Section 3110 of this title for adults at least ten (10) days prior to the date set for the hearing.  Notice shall be in such form as the court may direct and shall be sent by regular firstclass mail.

C.  The court may enter an order granting the relief requested in the report without notice if the court determines that such relief should be granted immediately.  In that event, the court shall grant such relief on a temporary basis pending a hearing on the report or the expiration of the fifteen (15) days within which an objection to the report may be filed.

D.  When no objection to an annual report is filed and no hearing on the annual report is held as otherwise provided by this section, the court shall issue an order accepting the annual report and granting the relief requested.

E.  The compensation for the guardian, the guardian's attorney, and any other person entitled to compensation from the property of the ward shall be determined by the court in the manner required by the provisions of the Oklahoma Guardianship and Conservatorship Act.  Such order, whether issued at the expiration of the fifteen (15) days within which an objection to the annual report may be filed or after a hearing on the report, shall be final with respect to all persons given copies of the annual report or notice of such hearing, except with regard to any such person who may be determined to have been subject to a legal disability at the time such notice was given.  Such order also shall be final with respect to the guardian except with respect to challenge by the ward upon the removal of the ward's legal disability.

F.  With regard to an annual report of a guardian of the property of a ward, the court shall examine the changes, if any, to the property of the ward as set forth in the report.  If the guardian was required to submit a bond, and if the total value of the ward's property which is subject to the proceeding differs significantly from the total value of the ward's property as last disclosed to the court:

1.  The court shall direct such guardian to obtain a new bond of such lesser or greater penal amount as will adequately protect the ward's property which is subject to the proceeding;

2.  Such new bond shall be filed with the district court clerk within thirty (30) days following the date of the order; and

3.  If the court requires a new bond of a greater penal amount than the bond previously submitted, failure of the guardian to submit such new bond within the thirtyday period set forth in this subsection shall constitute grounds for removal of such guardian or limited guardian.

G.  At any hearing held upon an annual report:

1.  If required by the court, the guardian or limited guardian shall be present;

2.  The court shall review the annual report and consider any objection made thereto, and thereupon enter such order as the court deems appropriate; and

3.  The court may make any order which the court deems to be in the best interest of the ward or the estate of the ward.  The court may also set for further hearing, with prior notice to be given as provided in this section, any other matter which the court deems should be considered in the best interest of the ward or the estate of the ward.  Subject to appeal or vacation within the time permitted, an order entered after the hearing of an annual report after notice adjudicates as to liabilities concerning the matters considered in connection with said hearing.

H.  At a hearing upon an annual report the court may appoint an attorney to represent the ward who is an incapacitated or partially incapacitated person, in the same manner and with the same compensation as provided in this act for appointment of an attorney for the subject of the proceeding following the filing of a petition for appointment of a guardian or limited guardian of the person or property of an alleged incapacitated or partially incapacitated person.  The appointment of such attorney shall cease:

1.  Upon the entry by the court of an order pertaining to the matters considered at such hearing, unless the court otherwise directs, either in the order appointing such attorney or in the order pertaining to the matters considered at such hearing;

2.  Unless an appeal is taken from the order of the court pertaining to the matters considered at such hearing, in which event such attorney shall continue to represent the ward until final disposition of the appeal or as otherwise ordered by the court; or

3.  Upon application of said attorney, the court may allow the attorney to withdraw from the case and shall appoint another attorney to represent the subject of the proceeding in any appeal proceeding.

Added by Laws 1988, c. 329, § 86, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 62, operative July 1, 1990; Laws 1991, c. 18, § 1, emerg. eff. March 29, 1991; Laws 1992, c. 274, § 1, eff. Sept. 1, 1992.


§304308.  Application for relief  Notice  Hearing  Order  Appointment of counsel to represent ward  Joinder of separate applications or objections  Evaluation of ward  Hearing without notice.

A.  After the appointment of a guardian, the ward, any person interested in the welfare of the ward, or a guardian may make application to the court for:

1.  Termination of the guardianship;

2.  Removal of the guardian;

3.  Resolution of a dispute pertaining to the guardianship plan;

4.  If the ward is an incapacitated or partially incapacitated person, the imposition of additional restrictions upon the legal capacity of the ward to act on his own behalf or the removal of one or more existing restrictions; or

5.  A review hearing.

B.  Such application shall set forth:

1.  The names and addresses of the individuals and entities entitled to notice;

2.  The relief requested; and

3.  The alleged facts and reasons supporting the request.

C.  Any person entitled to notice of the hearing on an application filed pursuant to this section may object to the relief requested in the application.  If the ward is a minor, notice shall be as provided by Section 2101 of this title.  If the ward is an incapacitated or partially incapacitated person, notice shall be given to those persons entitled to notice pursuant to paragraphs 1, 2, 3 and 7 of subsection A of Section 3-110 of this title and shall be given as provided by Section 3110 of this title and to the attorney of the subject of the proceeding, if any, and if known to the petitioner.

D.  The court shall set an application filed pursuant to this section for hearing on a date certain and shall cause notice to be given to the persons entitled thereto by regular firstclass mail at least ten (10) days prior to such date.  However, except for an order terminating a guardianship, the court may enter an order granting the relief requested in the application without notice if the court determines that such relief should be granted immediately.  In that event, the court may grant such relief on a temporary basis and proceed to set the application for further hearing following the giving of notice as provided by this subsection.  At the hearing, based upon the evidence adduced, the judge may continue, modify or vacate his temporary order.

E.  At the hearing held upon an application filed pursuant to this section for which notice is required, the court may, based upon the evidence adduced, enter an order granting or denying the relief requested.  At such hearing, the court also may make any other order which the court deems to be in the best interests of the ward or the estate of the ward.  The court may also set for further hearing, with prior notice to be given as provided in this section, any other matter which the court deems should be considered in the best interest of the ward or the estate of the ward.

F.  With respect to any matter set for hearing pursuant to this section, the court may appoint an attorney to represent at such hearing a ward who is an incapacitated or partially incapacitated person, in the same manner and with the same compensation as provided in the Oklahoma Guardianship and Conservatorship Act for appointment of an attorney for the subject of the proceeding following the filing of a petition for appointment of a guardian or limited guardian of the person or property of an alleged incapacitated or partially incapacitated person.  The appointment of such attorney shall cease:

1.  Upon the entry by the court of an order pertaining to the matters considered at such hearing, unless the court otherwise directs, either in the order appointing such attorney or in the order pertaining to the matters considered at such hearing;

2.  Unless an appeal is taken from the order of the court pertaining to the matters considered at such hearing, in which event such attorney shall continue to represent the ward until final disposition or as otherwise ordered by the court; or

3.  Upon application of said attorney, the court may allow the attorney to withdraw from the case and shall appoint another attorney to represent the subject of the proceeding in any appeal proceeding.

G.  After notice, the court may join the issues raised in separate applications or separate objections for determination at a single hearing, unless the court determines joinder would be prejudicial to the interests of the ward.

H.  As necessary and appropriate the court may order an evaluation of the ward in connection with any guardianship proceeding subsequent to the appointment of a guardian.

I.  The court may hear an application other than with respect to the matters set forth in subsection A of this section, with or without notice as the court determines.  If the court requires notice to be given, the court shall specify the persons to whom notice shall be given and the manner and time in which such notice shall be given.

Added by Laws 1988, c. 329, § 87, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 63, operative July 1, 1990.


§304401.  Expenses and compensation of guardians.

A.  Every guardian must be allowed the amount of his reasonable expenses in the execution of his trust, and he must also have such compensation for his services as the court in which his accounts are settled deems just and reasonable.

B.  To the extent that the services of a guardian or limited guardian of the property are for the collection of income of the ward, compensation for such services shall not exceed seven and onehalf percent (7 1/2%) of the income so collected.  For the purposes of this section, "income" means funds received by and accounted for by the guardian or limited guardian on behalf of the ward, other than from the sale of property of the ward, plus the net proceeds from the sale of property of the ward in excess of the value of such property as last determined in the guardianship proceeding.

C.  All compensation and reimbursements pursuant to this section shall be approved by the court prior to payment.

Added by Laws 192324, c. 84, p. 101, § 4.  Amended by Laws 1953, p. 248, § 85; Laws 1965, c. 55, § 1, emerg. eff. March 29, 1965; Laws 1988, c. 329, § 88, eff. Dec. 1, 1988.  Renumbered from Title 58, § 884 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304402.  Joint guardians  Compensation.

Joint guardians shall not receive more compensation than a single guardian.

Added by Laws 192324, c. 84, p. 101, § 6, emerg. eff. March 21, 1924.  Renumbered from Title 58, § 886 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304403.  Compensation for attorneys, guardians ad litem and persons conducting evaluations.

A.  1.  An attorney, other than a public defender, for a ward or a subject of a proceeding pursuant to the Oklahoma Guardianship and Conservatorship Act or whose services are obtained by a guardian on behalf of a ward is entitled to reasonable compensation to be paid from and as a charge against the estate of the ward.  Reasonable compensation for attorney services rendered and expenses made on behalf of the guardian of the ward incurred prior to the appointment of the guardian may be paid from and charged against the estate of the ward, as approved by the court prior to payment.

2.  Guardians ad litem, other than an employee of a public agency or an employee of a private agency which provides such service pursuant to a contract with a public agency, appointed pursuant to the provisions of this act are entitled to reasonable compensation.

3.  A person conducting an evaluation of the subject of the proceeding, whose services resulted in the appointment of a limited guardian or guardian or other order beneficial to the subject of the proceeding, is entitled to reasonable and necessary compensation.

B.  1.  Compensation and reimbursements pursuant to this section shall be paid from the financial resources of the subject of the proceeding unless the court determines that such payment of compensation and reimbursements would:

a. substantially impede the partially incapacitated or incapacitated person from meeting the essential requirements for his physical health or safety, and

b. substantially impair the financial resources of such person, or substantially impede his ability to obtain the services necessary for developing or regaining his abilities to the maximum extent possible.

2.  If not otherwise compensated or reimbursed pursuant to the provisions of paragraph 1 of this subsection:

a. any attorney or guardian ad litem appointed by the court who is entitled to compensation shall be compensated from the court fund of the court having jurisdiction,

b. the cost of services provided by a person conducting an evaluation, when such person is the employee of a public agency or the employee of a private agency which provides such services for guardianship proceedings pursuant to an agreement with a public agency, shall be borne by the public agency, or by the private agency in accordance with the terms of such agreement, and

c. if the person conducting an evaluation is a private individual or agency and the cost of the services provided is not otherwise compensable under a state or federal public assistance program, compensation for the cost of services shall be from the court fund of the court having jurisdiction.

3.  Compensation or reimbursement from the court fund for attorneys and guardian ad litem pursuant to the provisions of this subsection shall be in accordance with the provisions of Section 1304 of Title 20 of the Oklahoma Statutes.

C.  All compensation and reimbursements pursuant to the provisions of this section shall be approved by the court prior to payment.

D.  Contingent fees and contracts for recovery of property agreed upon and approved by courts or the ranking official representing the Secretary of the Interior in Oklahoma, who has supervision of any restricted Indian tribe in this state do not come within the provisions of the Oklahoma Guardianship and Conservatorship Act.

Added by Laws 192324, c. 84, p. 101, § 5.  Amended by Laws 1988, c. 329, § 89, eff. Dec. 1, 1988.  Renumbered from § 885 of Title 58 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 64, operative July 1, 1990; Laws 2000, c. 144, § 1, emerg. eff. April 28, 2000.


§304404.  Costs  Appointment of guardian to authorize entry into armed forces.

A.  No costs shall be required by the court clerk in any guardianship proceeding where the proceeding is for the purpose of appointing a guardian to approve or authorize the ward to enter the armed forces of the United States.

B.  If the court waives the report, the court may waive the fee for the filing of the annual guardianship report required by Section 152 of Title 28 of the Oklahoma Statutes, for a guardian or limited guardian of the person of an incapacitated or partially incapacitated person or for a guardian of the person of a minor.

Added by Laws 1943, p. 131, § 1, emerg. eff. March 22, 1943.  Renumbered from § 782 of Title 58 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 2001, c. 322, § 3, emerg. eff. June 1, 2001.


§304501.  Appointment of more than one guardian  Bond.

The court may appoint more than one guardian of any person or property subject to guardianship.  Such guardians shall be governed and liable in all respects as a sole guardian.  Such guardian shall give bond in like manner and with like conditions as prescribed for sole guardians unless waived.

R.L. 1910, § 6584.  Amended by Laws 1987, c. 164, § 2, operative July 1, 1987; Laws 1988, c. 329, § 90, eff. Dec. 1, 1988.  Renumbered from Title 58, § 772 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304502.  Two or more guardians.

A.  If there are two guardians who are residents of this state, the act of one alone shall be effectual:

1.  If a coguardian is laboring under any legal disability from serving, said coguardian in such case shall be relieved from official liability; provided however, proper finding and valid order of the district court having jurisdiction therein is first obtained; or

2.  If a coguardian has given the other coguardian authority in writing to act for both.

B.  If there are more than two guardians, the act of a majority of them is valid.

Added by Laws 1953, p. 254, § 1.  Amended by Laws 1988, c. 329, § 91, eff. Dec. 1, 1988.  Renumbered from Title 58, § 894 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304503.  Death of joint guardian.

On the death of one of two or more joint guardians, the power continues to the survivor until a further appointment is made by the court.

R.L. 1910, § 3336.  Renumbered from § 17 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304601.  Guardian for nonresident ward  Notice of hearing.

When a person liable to be put under guardianship, according to the provisions of this chapter, resides without this state, and has estate therein, any friend of such person, or any one interested in his estate, in expectancy or otherwise, may apply to the judge of the district court of any county in which there is any estate of such absent person, for the appointment of a guardian; and if, after notice given to all interested, in such manner as the judge orders, and a full hearing and examination, it appears proper, a guardian for such absent person may be appointed.

R.L. 1910, § 6570.  Renumbered from Title 58, § 861 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304602.  Powers of nonresident's guardian same as in other cases.

Every guardian appointed under the preceding section has the same powers and performs the same duties, with respect to the estate of the ward found within the state, and with respect to the person of the ward, if he shall cease to reside therein, as are prescribed with respect to any other guardian appointed under this chapter.

R.L. 1910, § 6571.  Amended by Laws 1953, p. 247, § 81.  Renumbered from Title 58, § 862 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304603.  First appointment is exclusive.

The guardianship which is first lawfully granted, of any person residing without this state, extends to all the estate of the ward within the same, and excludes the jurisdiction of the district court of every other county.

R.L. 1910, § 6573.  Renumbered from Title 58, § 771 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304604.  Bond of guardian of nonresident.

Every such guardian must give bond to the State of Oklahoma, in the manner and with like conditions as hereinbefore provided for other guardians, except that the provisions respecting the inventory, the disposal of the estate and effects, and the account to be rendered by the guardian must be confined to such estate and effects as come to his hands in this state.

R.L. 1910, § 6572.  Amended by Laws 1963, c. 103, § 2, emerg. eff. May 27, 1963.  Renumbered from Title 58, § 863 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304605.  Removal of property.

When the guardian and ward are both nonresidents, and the ward is entitled to property in this state which may be removed to another state, territory or foreign country without conflict with any restriction or limitation thereupon, or impairing the right of the ward thereto, such property may be removed to the state, territory or foreign country of the residence of the ward, upon the application of the guardian to the judge of the district court of the county in which the estate of the ward, or the principal part thereof, is situated.

R.L. 1910, § 6574.  Renumbered from Title 58, § 864 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304606.  Application for removal  Requirements.

The application must be made upon ten (10) days' notice to the resident personal representative or guardian, if there be such, and upon such application the nonresident guardian must produce and file a certificate, under the hand of the clerk, judge, surrogate or other authorized officer, and the seal of the court from which his appointment was derived, showing:

1.  A transcript of the record of his appointment.

2.  That he has entered upon the discharge of his duties.

3.  That he is entitled by the laws of the state, territory or country of his appointment to the possession of the estate of the ward; or must produce and file a certificate under the hand and seal of the clerk, judge, surrogate or other authorized officer of the court having jurisdiction in the country of his residence, of the estates of persons under guardianship, or of the highest court in such state, territory or country, that by the laws of such country the applicant is entitled to the custody of the estate of his ward without the appointment of any court.

Upon such application, unless good cause to the contrary be shown, the judge of the district court must make an order granting to such guardian leave to take and remove the property of his ward to the state, territory or place of his residence, which is authority to him to sue for and receive the same in his own name, for the use and benefit of his ward.

R.L. 1910, § 6575.  Renumbered by Title 58, § 865 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 65, operative July 1, 1990.


§304607.  Order for removal discharges local guardian.

Such order is a discharge of the personal representative, local guardian, or other person in whose possession the property may be at the time the order is made, on filing with the district court the receipt therefor of the foreign guardian of such absent ward.

R.L. 1910, § 6576.  Renumbered from Title 58, § 866 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 66, operative July 1, 1990.


§304701.  Payment of debts.

Every guardian appointed under the provisions of this act shall pay all just debts due from the ward out of the personal estate and income from the real estate of the ward, if sufficient.  If said estate and income is not sufficient, then payment shall be made out of the real estate of the ward, upon obtaining an order for the sale thereof, the proceeds of such sale shall be disposed of in the manner provided by law for the sale of real estate of decedents.

R.L. 1910, § 6542.  Amended by Laws 1988, c. 329, § 92, eff. Dec. 1, 1988.  Renumbered from Title 58, § 803 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304702.  Collection and settlement of accounts and appearance for ward in suits  Compromise and settlement of claims.

A guardian must settle all accounts of the ward, and demand, sue for, and receive all debts due to the ward, or may, with the approval of the court, compromise or compound for the same and give discharges to the debtors on receiving a fair and just settlement of such claim.  A guardian shall appear for and represent the ward in all legal suits and proceedings, unless another person is appointed for that purpose as guardian or next friend.  A guardian, with the approval of the court exercising jurisdiction in the suit or proceeding, may compromise and settle any claim made by, on behalf of or against the ward in such suit or proceeding.

R.L. 1910, § 6543.  Amended by Laws 1953, p. 246, § 72; Laws 1988, c. 329, § 93, eff. Dec. 1, 1988.  Renumbered from Title 58, § 804 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304703.  Discharge and release.

The person making payment, delivery, transfer or issuance of property or evidence thereof to the person designated by such court under this section is discharged and released to the same extent as if such payment, delivery, transfer or issuance was made to a guardian of the minor or incapacitated or partially incapacitated person, and he is not required to see to the application thereof.  A person making payment, delivery, transfer or issuance of property, or evidence thereof, to a next friend or guardian ad litem may be discharged and released as provided for in the Oklahoma Guardianship and Conservatorship Act.

Added by Laws 1967, c. 51, § 3, emerg. eff. April 14, 1967.  Amended by Laws 1988, c. 329, § 94, eff. Dec. 1, 1988.  Renumbered from Title 58, § 898.3 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 67, operative July 1, 1990.


§304704.  Service upon guardian  Duty of guardian.

Whenever a minor or an incapacitated or partially incapacitated person has a guardian of his estate residing in this state, personal service upon the guardian of any process, notice, or order of the court concerning the estate of the deceased person, in which the ward is interested, is equivalent to service upon the ward.  It is the duty of the guardian to attend to the interests of the ward in the matter.  Such guardian may also appear for his ward, and waive any process, notice, or order to show cause which an adult or a person of sound mind might do.

R.L. 1910, § 6568.  Amended by Laws 1988, c. 329, § 95, eff. Dec. 1, 1988.  Renumbered from Title 58, § 810 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304705.  Management of estate  Income applied for support of ward  Sale of realty.

Every guardian must manage the estate of his ward frugally and without waste, and apply the income and profits thereof, as far as may be necessary, for the comfortable and suitable maintenance and support of the ward, and his family, if there be any; and if such income and profits be insufficient for that purpose, the guardian may sell the real estate, upon obtaining an order of the district court therefor, as provided, and must apply the proceeds of such sale, as far as may be necessary, for the maintenance and support of the ward and his family, if there be any.

R.L. 1910, § 6544.  Renumbered from Title 58, § 805 by Laws 1988, § 134, eff. Dec. 1, 1988.


§304706.  Maintenance and support of ward  Credit on settlement  Payment of third person furnishing necessaries on guardian's refusal.

When a guardian has advanced for the necessary maintenance, support and education of his ward, an amount not disproportionate to the value of the estate or condition of life of the ward and the same is made to appear to the satisfaction of the court, by proper supporting documents and proofs, the guardian must be allowed credit therefor in his settlement.  Whenever a guardian fails, neglects, or refuses to furnish suitable and necessary maintenance, support or education for his ward, the court may order the guardian to do so and enforce such order by proper process.  Whenever any third person, at the request of the ward, supplies a ward with such suitable and necessary maintenance, support or education which is shown to have been done after refusal or neglect of the guardian to supply the same, the court may direct the guardian to pay therefor out of the estate of the ward, and may enforce such payment by due process.

R.L. 1910, § 6545.  Amended by Laws 1988, c. 329, § 96, eff. Dec. 1, 1988.  Renumbered from Title 58, § 806 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304707.  Execution of waivers or consents for wards.

The duly appointed and acting guardian, limited guardian, conservator, attorney in fact, or any other person legally authorized to act on behalf of any minor or incapacitated or partially incapacitated heir, devisee or legatee may execute waivers or consents for his ward as authorized by the court.  There shall be attached to each waiver or consent a certified copy of the instrument authorizing him to perform such act.

Added by Laws 1980, c. 310, § 6, eff. Oct. 1, 1980.  Amended by Laws 1988, c. 329, § 97, eff. Dec. 1, 1988.  Renumbered from Title 58, § 859 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304708.  Investment of money and proceeds of sales.

The district court, on the application of a guardian or any person interested in the estate of any ward, after such notice to persons interested therein as the judge shall direct, may authorize and require the guardian to invest the proceeds of sales, and any other of his ward's money in his hands, in real estate, or in any other manner most to the interest of all concerned therein; and the district court may make such other orders and give such directions as are needful for the management, investment and disposition of the estate and effects, as circumstances require.

R.L. 1910, § 6569.  Renumbered from Title 58, § 811 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§30-4-709.  Investment of monies belonging to estates - Purchase of homesteads for incapacitated or partially incapacitated persons.

A.  Except as may be otherwise provided by law, the money belonging to estates of minors and incapacitated or partially incapacitated persons, subject to the jurisdiction of the court, can only be invested in one or more of the following:

1.  Real estate and first mortgages upon real property which do not exceed fifty percent (50%) of the actual value of the property;

2.  United States bonds, or any other type of security certificate, or evidence of indebtedness which is guaranteed by the United States government, or any authorized agency thereof;

3.  State bonds;

4.  Bonds of municipal corporations;  

5.  Annuities covered by the Oklahoma Life and Health Insurance Guaranty Association, which do not exceed Three Hundred Thousand Dollars ($300,000.00), individually; or

6.  Accounts in savings and loan associations and credit unions located in this state, and all types of interest-bearing time deposits and certificates of banks, savings and loan associations, and credit unions located in this state, not to exceed the amount insured by the United States government.

B.  Upon application to the court by the guardian of the estate of the incapacitated or partially incapacitated person, showing to the satisfaction of the court:

1.  That the incapacitated or partially incapacitated person is vitally in need of a home;

2.  That the incapacitated or partially incapacitated person owns no suitable homestead;

3.  That the incapacitated or partially incapacitated person has sufficient monthly, semi-annual, or annual fixed income to retire an incurred indebtedness for the remaining unpaid cost of a homestead; and

4.  That it would be in the best interest of the incapacitated or partially incapacitated person that a suitable homestead be purchased on that basis.

The court may enter an order authorizing the guardian to execute and deliver a note and mortgage, under such tenor and terms as the court will approve, for the purpose of securing payment of any remaining cost of such a homestead.  Any note and mortgage given by a guardian under the provisions of this section shall, if authorized by the court as provided for in this section, be endorsed "approved" by the judge.  When so authorized and endorsed, the note and mortgage shall be a binding obligation against the ward and the estate of the ward until fully paid.  The ward, if subsequently restored to competency to transact business, shall be held firmly bound by the note and mortgage in the same manner and to the same extent as though the ward had given the homestead purchase-money note and mortgage.

C.  When an individual guardian enters into an agreement with a bank or trust company, or when the guardian is a bank or trust company qualified and acting under the supervision of the Banking Board, or of the Comptroller of the Currency of the United States of America, the guardian may, upon application to the court, invest funds coming into its hands as guardian in any property, real, personal or mixed, in which an individual may invest the individual's own funds pursuant to the provisions of the Oklahoma Uniform Prudent Investor Act, unless otherwise provided by law.

Added by Laws 1923-24, c. 84, p. 100, § 2.  Amended by Laws 1955, p. 302, § 1; Laws 1968, c. 15, § 2, emerg. eff. Feb. 19, 1968; Laws 1975, c. 166, § 1, emerg. eff. May 20, 1975; Laws 1985, c. 267, § 1, eff. Nov. 1, 1985; Laws 1988, c. 329, § 98, eff. Dec. 1, 1988.  Renumbered from § 882 of Title 58 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1995, c. 351, § 18, eff. Nov. 1, 1995; Laws 1996, c. 293, § 3, eff. Nov. 1, 1996; Laws 1999, c. 47, § 1, eff. Nov. 1, 1999.


NOTE:  Laws 1985, c. 199, § 2 repealed by Laws 1988, c. 329, § 136, eff. Dec. 1, 1988.


§304751.  Income insufficient for maintenance  Sale of property necessary.

When the income of an estate under guardianship is not sufficient to maintain the ward and his family, or to maintain and educate the ward when a minor, his guardian may sell the real or personal estate of the ward for that purpose, upon obtaining an order therefor.

R.L. 1910, § 6553.  Amended by Laws 1988, c. 329, § 99, eff. Dec. 1, 1988.  Renumbered from Title 58, § 821 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304752.  Sale of property for investment.

When it appears to the satisfaction of the court, upon the petition of the guardian, that for the benefit of the ward or the real or personal estate of the ward, or some part of said estate, should be sold, and the proceeds thereof invested, the guardian may sell the same for such purpose upon obtaining an order therefor.

R.L. 1910, § 6554.  Amended by Laws 1988, c. 329, § 100, eff. Dec. 1, 1988.  Renumbered from Title 58, § 822 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304753.  Proceeds of sale  Investment  Maintenance of ward and family.

If the property is sold for the purposes mentioned in Sections 4751 and 4752 of this title, the guardian must apply the proceeds of the sale to such purposes, as far as necessary, and put out the residue, if any, on interest, or invest it in the best manner in his power as provided in the Oklahoma Guardianship and Conservatorship Act, until the capital is needed for the maintenance of the ward and his family, or the education of his children, or for the education of the ward when a minor, in which case the capital may be used for that purpose, as far as may be necessary, in like manner as if it had been personal estate of the ward.

R.L. 1910, § 6555.  Amended by Laws 1988, c. 329, § 101, eff. Dec. 1, 1988.  Renumbered from Title 58, § 823 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 68, operative July 1, 1990.


§304754.  Petition for sale  Verification.

To obtain an order for such sale, the guardian must present to the court a verified petition therefor, setting forth the condition of the estate of the ward and the facts and circumstances on which the petition is founded.

R.L. 1910, § 6557.  Amended by Laws 1988, c. 329, § 102, eff. Dec. 1, 1988.  Renumbered from Title 58, § 825 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304755.  Hearing, notice and order.

If it appears to the court, from the petition, that it is necessary or would be beneficial to the ward or the estate of the ward that the real or personal estate, or some part of such estate, should be sold, the court shall thereupon make an order directing all persons entitled to notice pursuant to Section 2101 of this title for minors or Section 3110 of this title for adults to appear before the court, at a time and place therein specified in the order and notice, not less than ten (10) nor more than thirty (30) days from the time of making such order, unless notice is waived, as provided in Section 4756 of this title, to show cause why an order should not be granted for the sale of such estate.  If it appear that it is necessary or would be beneficial to the ward to sell the personal estate or some part of it, the court must order the sale to be made.

R.L. 1910, § 6558.  Amended by Laws 1953, p. 246, § 74; Laws 1988, c. 329, § 103, eff. Dec. 1, 1988.  Renumbered from Title 58, § 826 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 69, operative July 1, 1990.


§304756.  Mailing or publication of order  Waiver of notice.

The court shall cause copies of said order to be mailed to the persons entitled to notice of the proceeding at least ten (10) days before the hearing on the petition.  If the mailing address of any such person is unknown, a copy of the order must be published one time in some newspaper in the county of the court having jurisdiction over the case, and the hearing of said petition shall not be less than ten (10) days from the date of the first publication of such notice.  If written consent to making the order of sale is given by all persons entitled to notice, except the ward if the ward has been adjudicated to be fully incapacitated, said order of sale may be made at once without giving the notice.

R.L. 1910, § 6559.  Amended by Laws 1927, c. 83, p. 127, § 1; Laws 1953, p. 246, § 75; Laws 1969, c. 302, § 28, eff. Jan. 1, 1970; Laws 1988, c. 329, § 104, eff. Dec. 1, 1988.  Renumbered from Title 58, § 827 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1992, c. 395, § 3, eff. Sept. 1, 1992.


§304757.  Hearing upon order  Protests.

The court, at the time and place appointed in the order, or such other time to which the hearing is postponed, upon proof of the service or publication of the order, must hear the petition and examine the proofs and allegations of the petitioner and any objections made by persons entitled to notice of the proceeding.

R.L. 1910, § 6560.  Amended by Laws 1988, c. 329, § 105, eff. Dec. 1, 1988.  Renumbered from Title 58, § 828 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304758.  Partition of real estate  Assent to  Approval of court.

The guardian may join in and assent to a partition of the real estate of the ward with the written approval of the judge of the district court, whenever such assent may be given by any person.

R.L. 1910, § 6546.  Renumbered from Title 58, § 807 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304759.  Sale of oil, gas, mining leases.

Personal representatives including but not limited to guardians of the property, guardians of minors or of incapacitated or partially incapacitated persons are hereby authorized and empowered to sell and execute oil and gas or other mining leases upon the lands belonging to the estates of such deceased persons or of such minors or incapacitated or partially incapacitated persons in consideration of a royalty or part or portion of the production thereof, and under the same procedure in the district court, as provided by Sections 924 through 928 of Title 58 of the Oklahoma Statutes, where such consideration is money.

R.L. 1910, § 6547.  Amended by Laws 1953, p. 246, § 73; Laws 1955, p. 301, § 1; Laws 1988, c. 329, § 106, eff. Dec. 1, 1988.  Renumbered from Title 58, § 808 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304760.  Testimony  Witnesses  Attendance and examination of.

At the hearing on the petition the guardian may be examined on oath, witnesses may be produced and examined, and process to compel the attendance and testimony of witnesses may be issued by the court.

R.L. 1910, § 6561.  Amended by Laws 1988, c. 329, § 107, eff. Dec. 1, 1988.  Renumbered from Title 58, § 829 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304761.  Costs awarded prevailing party on hearing of objections to order.

If any person entitled to notice of the proceeding enters an objection to the requests made in the petition, the court may, in granting or refusing the order requested by the petition, award costs to the prevailing party, and enforce the payment thereof.

R.L. 1910, § 6562.  Amended by Laws 1953, p. 247, § 76; Laws 1988, c. 329, § 108, eff. Dec. 1, 1988.  Renumbered from Title 58, § 830 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304762.  Order for sale  Public or private sale.

If, after a full examination, it appears necessary or for the benefit of the ward that the real or personal estate of the ward, or some part thereof, should be sold, the court may grant an order therefor, specifying therein the causes or reasons why the sale is necessary or beneficial, and may, if the same has been prayed for in the petition, order such sale to be made either at public or private sale.

R.L. 1910, § 6563.  Amended by Laws 1988, c. 329, § 109, eff. Dec. 1, 1988.  Renumbered from Title 58, § 831 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304763.  Sale bond by guardian.

Every guardian authorized to sell real estate shall, before the sale, give bond to the State of Oklahoma, with sufficient surety to be approved by the court, with condition to sell the same in the manner and to account for the proceeds of the sale as provided for by the Oklahoma Guardianship and Conservatorship Act.  The court may order that such bond is not required if the court specifically finds that the general bond, if any, of the guardian is of a sufficient penal amount to provide for the proceeds of the sale in addition to the property secured by said bond or upon a finding by the court that:

1.  The anticipated annual income to a ward for one (1) year plus the value of the personal property of the ward, after sale, is less than Forty Thousand Dollars ($40,000.00); and

2.  The guardian of the ward is either a parent, spouse, brother, sister, grandparent, child or grandchild of the ward.

R.L. 1910, § 6564.  Amended by Laws 1953, p. 247, § 77; Laws 1963, c. 147, § 1; Laws 1987, c. 164, § 7, operative July 1, 1987; Laws 1988, c. 329, § 110, eff. Dec. 1, 1988.  Renumbered from Title 58, § 832 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1989, c. 270, § 3, eff. Nov. 1, 1989; Laws 1990, c. 323, § 70, operative July 1, 1990; Laws 1994, c. 234, § 7, eff. Sept. 1, 1994.


§304764.  Sales governed by same law as in estates of decedents.

Except as otherwise specifically provided by the Oklahoma Guardianship and Conservatorship Act, all the proceedings pursuant to petitions of guardians for sales of property of their wards, giving notice and the hearing of such petitions, granting and refusing an order of sale, directing the sale to be made at public or private sale, reselling the same property, return of sale and application for confirmation thereof, notice and hearing of such application, making orders, rejecting or confirming sales and reports of sales and ordering and making conveyances of property sold shall be had and made as provided and required by the provisions of law concerning the estates of decedents.

R.L. 1910, § 6565.  Amended by Laws 1953, p. 247, § 78; Laws 1961, p. 441, § 1; Laws 1988, c. 329, § 111, eff. Dec. 1, 1988.  Renumbered from Title 58, § 833 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 71, operative July 1, 1990.


§304765.  Order in force for one year only.

No order of sale granted pursuant to Sections 4751 through 4770 of this title continues in force more than one (1) year after granting the same, without a sale being had.

R.L. 1910, § 6566.  Amended by Laws 1953, p. 247, § 79; Laws 1988, c. 329, § 112, eff. Dec. 1, 1988.  Renumbered from Title 58, § 834 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 72, operative July 1, 1990.


§304766.  Terms of sale  Security.

All sales of real estate of wards must be for cash, or for part cash and part deferred payments not to exceed ten (10) years, bearing interest from date of sale as, in the discretion of the court, is most beneficial to the ward.  A guardian making a sale of real property shall demand and receive from the purchasers a note and mortgage on the real estate sold, with such additional security, if any, as the court deems necessary and sufficient to secure the faithful payment of the deferred payments and the interest thereon.

R.L. 1910, § 6567.  Amended by Laws 1975, c. 11, § 1, eff. Oct. 1, 1975; Laws 1988, c. 329, § 113, eff. Dec. 1, 1988.  Renumbered from Title 58, § 835 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304767.  Limitation of action for recovery of estate sold  Disability and removal thereof.

No action for the recovery of any estate sold by a guardian can be maintained by the ward, or by any person claiming under him, unless it is commenced within three (3) years immediately following the termination of the guardianship or, when a legal disability to sue exists by reason of minority or otherwise, at the time when the cause of action accrues, within three (3) years immediately following the removal of such disability.

R.L. 1910, § 6583.  Amended by Laws 1988, c. 329, § 114, eff. Dec. 1, 1988.  Renumbered from Title 58, § 836 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304768.  Exchange of property held by ward or wards in common  Notice.

When it shall appear to the court to be to the advantage or best interests of the ward, or wards, to exchange an interest in real estate held by such ward or wards in common with another, or others, for other real estate also held in common by such ward or wards with another or others, to be owned solely by said ward or wards, after such exchange, a guardian of the ward's estate may be authorized by the court, after hearing and appraisement, to effectuate such exchange and to give or accept cash in part consideration.  The provisions of Section 4756 of this title governing the giving of notice of hearing of a petition for an order to sell, and appraisement, shall apply and govern an order authorizing an exchange of real estate of a ward or wards by his guardian.

Added by Laws 1971, c. 300, § 1, emerg. eff. June 24, 1971.  Amended by Laws 1988, c. 329, § 115, eff. Dec. 1, 1988.  Renumbered from Title 58, § 837 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 73, operative July 1, 1990.


§304769.  Sale of perishable property  Report  Good faith determination of perishability.

A.  Notwithstanding any other provision contained in the Oklahoma Guardianship and Conservatorship Act, a guardian or limited guardian of the property of a ward may sell, at public auction or private sale, without obtaining prior court authorization for sale, without filing a return of sale, and without obtaining court confirmation of sale, any personal property of the ward which is perishable, is otherwise likely to depreciate in value, or would cause the estate of the ward to incur loss or expense if kept.  Title to such property shall pass to the purchaser thereof without approval of or confirmation by the court of such sale.

B.  With respect to a limited guardian of the property, this section shall apply only to property of the ward which is subject to such limited guardian's control pursuant to a dispositional order.

C.  Any sale of property made by a guardian or limited guardian of the property of a ward pursuant to this section shall be reported in the accounting next filed by such guardian or limited guardian after the making of the sale.  If the court determines the property sold was not perishable or was not otherwise likely to depreciate in value and would not have caused the estate of the ward to incur loss or expense if kept, the guardian or limited guardian who made such sale shall not be surcharged or otherwise held liable with respect to such sale if he made a reasonable determination in good faith that the property sold was perishable, was otherwise likely to depreciate in value, or would have caused the estate of the ward to incur loss or expense if kept.

Added by Laws 1988, c. 329, § 116, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 74, operative July 1, 1990.


§304770.  Former leases legalized.

All such leases and grants of mineral oil and gas heretofore made and confirmed by the court, in consideration of a royalty, part or portion of the production thereof, are hereby legalized.

R.L. 1910, § 6548.  Amended by Laws 1988, c. 329, § 117, eff. Dec. 1, 1988.  Renumbered from Title 58, § 809 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304801.  Removal of guardians.

A guardian may be removed by the district court for any of the following causes:

1.  For abuse of his fiduciary responsibility.

2.  For continued failure to perform his duties.

3.  For incapacity to perform his duties.

4.  For gross immorality.

5.  For having an interest adverse to the faithful performance of his duties.

6.  If the instrument in which the person was nominated as guardian is judicially determined to be invalid.

7.  In the case of guardian of the property, for insolvency.

8.  When it is no longer proper that the ward should be under guardianship.

R.L. 1910, § 3337.  Amended by Laws 1988, c. 329, § 118, eff. Dec. 1, 1988.  Renumbered from § 18 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304802.  Suspension of power of guardian  Marriage of incapacitated or partially incapacitated person.

A.  The power of a guardian is suspended only:

1.  By order of the court;

2.  If the appointment was made solely because of the ward's minority, by his obtaining majority; or

3.  The guardianship over the person only of a minor ward, by the marriage of the ward.

B.  Whenever a person who has been found by the court to be an incapacitated or partially incapacitated person marries, the court  may, upon application of an interested person, hold a review hearing to determine whether:

1.  The guardianship should be terminated;

2.  A successor guardian should be appointed;

3.  The limitations on the ward, or the powers and duties of the guardian; or

4.  The guardianship should be continued unchanged.

R.L. 1910, § 3339.  Amended by Laws 1988, c. 329, § 119, eff. Dec. 1, 1988.  Renumbered from § 20 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 75, operative July 1, 1990.


§304803.  Termination of authority and responsibility of guardian  Removal  Resignation  Final account - Notice and hearing.

A.  The authority and responsibility of a guardian terminates upon the death of the guardian, conservator, or the ward, the determination of incapacity of the guardian or conservator, or upon removal or resignation of the guardian or conservator.  Termination does not affect the liability of a guardian or conservator for prior acts or the obligation to account for any funds and assets of the ward under the control of the guardian or conservator.  The authority and responsibility of a guardian of a minor also terminates upon the marriage or majority of the ward.

B.  The court, after notice and hearing, may remove a guardian or conservator for cause if the guardian or conservator has failed for thirty (30) days, after he is required to do so, to render an account or make a report, and compel him to surrender the estate of the ward to the person found to be lawfully entitled thereto.

C.  Every guardian or conservator may resign when it appears proper to allow the same and upon the resignation or removal of a guardian or conservator the court may appoint a successor guardian or conservator in the place of the guardian or conservator who has resigned or has been removed or make other appropriate orders pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act.

D.  Upon termination of the disability of the ward or upon his death, or upon the resignation or removal of the guardian or conservator, a guardian or conservator or the guardian's or conservator's personal representative, or if the guardian or conservator is incapacitated or deceased and there is no personal representative, then some suitable person appointed by the court shall file the guardian's or conservator's final account and request for final compensation with the court within thirty (30) days after such event.

1.  The court shall set the final account for hearing on a date not less than fifteen (15) days after the filing thereof.  Notice of such hearing shall be given at least ten (10) days prior to the date set for hearing, by mailing a copy of the notice of hearing by first-class mail:

a. if the guardianship was established for a minor or a minor's estate, to the persons entitled to notice pursuant to Section 2-101 of this title if the ward is still a minor, or to the ward only if the ward has attained majority or has married, or if the ward is deceased, to the persons entitled to notice pursuant to Section 2-101 of this title and to the personal representative of the ward's estate if such representative has been appointed and the representative's appointment is known to or ascertainable by reasonably diligent efforts of the person rendering the final account; or

b. if the guardianship was established for an adult or an adult's estate, or if the proceeding is a conservatorship action, to those persons entitled to notice pursuant to paragraph 1, unless the ward is deceased, and paragraphs 2, 3 and 7 of subsection A of Section 3-110 of this title and, if the ward is deceased, to the personal representative of the ward's estate if such representative has been appointed and the representative's appointment is known to or ascertainable by reasonably diligent efforts of the person rendering the final account.

2.  Any person to whom notice is given in accordance with this subsection may appear at the hearing on the final account and file his exceptions in writing to the final account and contest the same.

3.  The settlement of the account and the allowance thereof by the court shall be conclusive against all persons interested in the estate of the ward, except as to persons subject to a legal disability at the time the notice of hearing is given.

4.  Upon approval of the final account, the guardian or conservator and his sureties, if any, shall be discharged.

R.L. 1910, § 6578.  Amended by Laws 1953, p. 248, § 83; Laws 1988, c. 329, § 120, eff. Dec. 1, 1988.  Renumbered from Title 58, § 875 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1992, c. 274, § 2, eff. Sept. 1, 1992.


§304804.  Termination of guardianship when unnecessary.

The guardian of an incapacitated or partially incapacitated person or minor may be discharged by the court when it appears to the court, on the application of the ward or otherwise, that the guardianship is no longer necessary.

R.L. 1910, § 6579.  Amended by Laws 1988, c. 329, § 121, eff. Dec. 1, 1988.  Renumbered from Title 58, § 876 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


§304805.  Distribution of personal property of intestate ward.

When an adult ward shall die intestate leaving only personal property and his total estate does not exceed Ten Thousand Dollars ($10,000.00), the guardian shall proceed to probate and distribute his estate in the same manner as if he had been appointed personal representative of such estate, and the surety or sureties on his bond shall be responsible for his faithful administration and distribution of such estate.

Added by Laws 1961, p. 441, § 1.  Amended by Laws 1969, c. 121, § 1, emerg. eff. April 3, 1969; Laws 1988, c. 329, § 122, eff. Dec. 1, 1988.  Renumbered from Title 58, § 895 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 76, operative July 1, 1990.


§304901.  Civil liability of guardians or petitioners  Damages.

A.  Any guardian who willfully violates the duties or willfully misuses the powers assigned by the court and thereby causes injury to the ward or damages to the financial resources of the ward shall, in addition to any criminal penalties, be liable in a civil action for any actual damages suffered by the ward.  Nothing in this subsection shall limit the authority of the court to surcharge a guardian as otherwise provided by law.

B.  Any person who willfully or maliciously files a false petition or application pursuant to the provisions of this act or a petition or application without a reasonable basis in fact for such a petition pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act shall be liable in a civil suit for any actual damages suffered by the subject of the petition or application.

Added by Laws 1988, c. 329, § 123, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 77, operative July 1, 1990.


§304902.  Citation for concealment or embezzlement.

Upon complaint made to the court by any guardian, ward, creditor, or other person interested in the estate, or having a prospective interest therein as heir or otherwise, against anyone suspected of having concealed, or conveyed away any of the money, goods or effects, or an instrument in writing, belonging to the ward or to his estate, the court may require such suspected person to appear before the court, and may examine and proceed with such person on such charge in the manner provided by law with respect to persons suspected of, and charged with, concealing or embezzling the effects of a decedent.

R.L. 1910, § 6577.  Amended by Laws 1988, c. 329, § 124, eff. Dec. 1, 1988.  Renumbered from Title 58, § 892 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.  Amended by Laws 1990, c. 323, § 78, operative July 1, 1990.


§30-4-903.  Reporting of abuse, neglect or exploitation - Violation and penalty - Civil liability.

A.  1.  Any person having reasonable cause to believe that an incapacitated person, a partially incapacitated person, or a minor is suffering from abuse, neglect, or exploitation shall make a report to the Department of Human Services, the office of the district attorney in the county in which the suspected abuse, neglect, or exploitation occurred, or the local municipal police department or sheriff's department as soon as such person is aware of the situation.

2.  With regard to minors, the use of ordinary force as a means of discipline pursuant to Section 844 of Title 21 of the Oklahoma Statutes shall not constitute abuse.

3.  Reports regarding the abuse, neglect, or exploitation of an incapacitated person, or a partially incapacitated person shall be made and shall be governed by the provisions of the Protective Services for Vulnerable Adults Act.  Reports regarding the abuse, neglect, or exploitation of a minor shall be made and shall be governed by the Oklahoma Child Abuse Reporting and Prevention Act.

B.  Any person who knowingly and willfully fails to promptly report any abuse, neglect, or exploitation as required by the provisions of subsection A of this section, upon conviction, shall be guilty of a misdemeanor.

C.  Any person participating in good faith and exercising due care in the making of a report pursuant to the provisions of this section shall have immunity from any civil or criminal liability that might otherwise be incurred or imposed.  Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report.

D.  Any person who willfully or recklessly makes a false report or a report without a reasonable basis in fact for such a report pursuant to the provisions of this section shall be civilly liable for any actual damages suffered by the person or persons being reported and for any punitive damages set by the court or jury which may be allowed in the discretion of the court or jury.

E.  No employer shall terminate the employment, prevent or impair the practice or occupation of, or impose any other sanction on any employee solely for the reason that the employee made or caused to be made a report or cooperated with an investigation pursuant to the provisions of this section.  A court, in addition to other damages and remedies, may assess reasonable attorney fees against an employer who has been found to have violated the provisions of this subsection.

Added by Laws 1998, c. 298, § 2, eff. Nov. 1, 1998.


§30-5.  Renumbered as § 1-110 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

§30-5-101.  Repealed by Laws 1993, c. 155, § 4, eff. July 1, 1993.

§30-6.  Renumbered as § 2-102 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

§30-6-101.  Short title - Purpose - Office of Public Guardian - Powers and duties.

A.  1.  This section and Section 4 of this act shall be known and may be cited as the "Oklahoma Public Guardianship Act".

2.  The purpose of the Oklahoma Public Guardianship Act is to, within the budgetary limits specified by the Oklahoma Public Guardianship Act:

a. furnish guardianship services, and information regarding less restrictive alternatives, to all Oklahomans who need them,

b. provide assistance to guardians throughout the state in securing necessary services for their wards, including, but not limited to, removing a guardian or limited guardian, and

c. provide assistance to courts, attorneys, and proposed guardians or limited guardians in the handling of guardianship proceedings.

3.  There is hereby created the Office of Public Guardian within the Department of Human Services.  Until the expansion of the pilot program established by Section 4 of this act becomes statewide and rules are promulgated by the Commission for Human Services, the Office of Public Guardian, subject to the availability of funds, shall be a source of information and assistance on guardianship and alternatives for the public needing public guardianship services.

B.  1.  Upon receipt of recommendations of the evaluating board established pursuant to Section 4 of this act evaluating the pilot project established pursuant to Section 4 of this act which indicates that the expansion of the pilot project on a statewide basis would be economically feasible and practical, the Commission shall promulgate rules for developing a statewide program for public guardianship pursuant to the Oklahoma Public Guardianship Act.

2.  Upon promulgation of rules by the Commission, the provisions of this section shall become effective statewide.

C.  For the pilot program, and after the program has been expanded on a statewide basis, the Office of Public Guardian shall serve as a public guardian for eligible wards.  The Office of Public Guardian shall be a source of guardians, limited guardians, attorneys for guardians and wards.  In addition, after the program has been expanded statewide, the Office of Public Guardian shall:

1.  Be a source of information and assistance on guardianship and alternatives for the public needing public guardianship services;

2.  Establish and maintain relationships with governmental, public, and private agencies, institutions, and organizations to assure the most effective guardianship program for each ward;

3.  Have, at a minimum, phone contact with each ward, if capable, every two (2) weeks;

4.  Visit each ward at least three times every quarter, with one visit being unannounced;

5.  Keep and maintain the following records on all cases in which the public guardian provides guardianship services:

a. itemized financial records,

b. health care,

c. rehabilitation,

d. education, and

e. vocation;

6.  Provide information and referrals to the public regarding guardianship proceedings, but not information that would identify a particular case;

7.  Foster the increased independence of the ward, to include termination of the guardianship when appropriate; and

8.  Develop and maintain a current listing of public and private medical, mental health, social advocacy, educational, rehabilitative, counseling, therapeutic, homemaking, recreational, financial, and legal services and programs available to assist wards and their families.

D.  The Office of Public Guardian may:

1.  Contract for services necessary to carry out the duties of the Office; and

2.  Accept the services of volunteer workers or consultants and reimburse them for their necessary expenses.

E.  For the pilot program and after the program has been expanded on a statewide basis, the Office of Public Guardian may, on its own motion or at the request of a district court, intervene in a guardianship proceeding if the public guardian or a court considers the intervention to be justified because:

1.  An appointed guardian is not fulfilling his or her duties;

2.  The estate is subject to waste as a result of the costs of the guardianship;

3.  A willing and qualified guardian is not available; or

4.  The best interests of the ward or the person who is the subject of a guardianship proceeding require the intervention.

F.  The Office of Public Guardian, as funds become available, may employ staff and delegate to members of the staff or to volunteers the powers and duties as guardian and other powers and duties pursuant to the Oklahoma Public Guardianship Act.  However, the Office of Public Guardian retains responsibility for the proper performance of the delegated powers and duties.  All delegations shall be to persons who meet the eligibility requirements of a guardian pursuant to Section 3-104 of Title 30 of the Oklahoma Statutes.

G.  For the pilot program, and after the program has been expanded on a statewide basis, a public guardian has the same powers and duties with respect to the ward as a private or volunteer guardian.

H.  For the pilot program and after the program has been expanded on a statewide basis, a public guardian shall endeavor, for as long as practicable, to find a suitable private or volunteer guardian of the ward.  For each ward, the public guardian shall report to the court having jurisdiction of the ward, at least every six (6) months, efforts to find a private or volunteer guardian.

I.  For the pilot program and after the program has been expanded on a statewide basis, any district court of this state may order a public guardian to act as full guardian, limited guardian, special guardian, or conservator for a person who is determined under the Oklahoma Public Guardianship Act to be in need of guardian service if no other person or private guardianship association is willing and qualified to perform this function.

Added by Laws 2001, c. 310, § 3, emerg. eff. June 1, 2001.


§30-6-102.  Public guardianship pilot program - Evaluating board.

The following text becomes effective April 1, 2005

(For text effective until April 1, 2005, see below)

A.  Subject to the availability of funds, the Department of Human Services shall establish a public guardianship pilot program.

B.  The Department of Human Services shall establish and operate the pilot program in consultation with an evaluating board established pursuant to this section and in accordance with the provisions of the Oklahoma Public Guardianship Act, except as to custody orders entered in criminal competency proceedings as set forth in Section 7 of this act.

C.  The evaluating board shall determine the effectiveness of the pilot program.  The evaluating board shall submit a preliminary report to the Legislature no later than six (6) months after the pilot program is established.  Such report shall cover:

1.  The feasibility of statewide expansion of the program;

2.  Staffing, particularly use of volunteers, training and liability issues;

3.  Funding sources;

4.  Eligibility standards;

5.  Fee schedule;

6.  Special-needs wards; and

7.  Professional guardians.

D.  The evaluating board shall consist of not more than two appointees from each of the following officials and agencies:

1.  Governor;

2.  Speaker of the House of Representatives;

3.  President Pro Tempore of the Senate;

4.  Office of the Attorney General;

5.  Oklahoma Health Care Authority;

6.  Developmental Disabilities Services Division of the Department of Human Services;

7.  Department of Mental Health and Substance Abuse Services;

8.  Adult Protective Services;

9.  A Legal Services Developer;

10.  State Long-Term Care Ombudsman;

11.  Legal Aid of Western Oklahoma;

12.  Legal Services of Eastern Oklahoma;

13.  Oklahoma Bar Association; and

14.  Advocacy Partnership for Aging Oklahomans.

The following text is effective until April 1, 2005

(For text effective April 1, 2005, see above)

A.  Subject to the availability of funds, the Department of Human Services shall establish a public guardianship pilot program.

B.  The Department of Human Services shall establish and operate the pilot program in consultation with an evaluating board established pursuant to this section and in accordance with the provisions of the Oklahoma Public Guardianship Act.

C.  The evaluating board shall determine the effectiveness of the pilot program.  The evaluating board shall submit a preliminary report to the Legislature no later than six (6) months after the pilot program is established.  Such report shall cover:

1.  The feasibility of statewide expansion of the program;

2.  Staffing, particularly use of volunteers, training and liability issues;

3.  Funding sources;

4.  Eligibility standards;

5.  Fee schedule;

6.  Special-needs wards; and

7.  Professional guardians.

D.  The evaluating board shall consist of not more than two appointees from each of the following officials and agencies:

1.  Governor;

2.  Speaker of the House of Representatives;

3.  President Pro Tempore of the Senate;

4.  Office of the Attorney General;

5.  Oklahoma Health Care Authority;

6.  Developmental Disabilities Services Division of the Department of Human Services;

7.  Department of Mental Health and Substance Abuse Services;

8.  Adult Protective Services;

9.  A Legal Services Developer;

10.  State Long-Term Care Ombudsman;

11.  Legal Aid of Western Oklahoma;

12.  Legal Services of Eastern Oklahoma;

13.  Oklahoma Bar Association; and

14.  Advocacy Partnership for Aging Oklahomans.

Added by Laws 2001, c. 310, § 4, emerg. eff. June 1, 2001.  Amended by Laws 2004, c. 106, § 9, eff. April 1, 2005.


§30-7.  Renumbered as § 1-112 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

§30-8.  Renumbered as § 1-113 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

§30-9.  Renumbered as § 1-118 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

§30-10.  Renumbered as § 1-114 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

§30-11.  Repealed by Laws 1983, c. 269, § 4, operative July 1, 1983.

§30-12.  Repealed by Laws 1983, c. 269, § 4, operative July 1, 1983.

§30-13.  Repealed by Laws 1988, c. 329, § 136, eff. Dec. 1, 1988.

§30-14.  Renumbered as § 1-119 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

§30-15.  Renumbered as § 1-120 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

§30-16.  Renumbered as § 1-121 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

§30-17.  Renumbered as § 4-503 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

§30-18.  Renumbered as § 4-801 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

§30-19.  Renumbered as § 2-113 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

§30-20.  Renumbered as § 4-802 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

§30-21.  Renumbered as § 2-114 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

§30-22.  Renumbered as § 2-115 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.


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