2013 Oklahoma Statutes
Title 30 - Guardian and Ward


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<html> <head> <STYLE type="text/css"> body {padding-left:90pt;width:612pt} p {margin-top:0pt;margin-bottom:0pt} .cls0 {font-size:12pt;font-family:'Courier New', monospace;} .cls2 {margin-left:100pt;} .cls11 {margin-left:108pt;} .cls5 {margin-left:122pt;} .cls3 {margin-left:136pt;} .cls7 {margin-left:144pt;} .cls16 {margin-left:172pt;} .cls12 {margin-left:180pt;} .cls15 {margin-left:208pt;} .cls9 {margin-left:216pt;} .cls10 {margin-left:252pt;} .cls8 {margin-left:288pt;} .cls13 {margin-left:36pt;} .cls14 {margin-left:64pt;} .cls4 {margin-left:86pt;} .cls6 {text-align:center;} .cls1 {text-align:justify;} </STYLE> <title>&sect;30-1</title> </head> <body> <p><span class="cls0">&sect;30-1. Renumbered as &sect; 1-105 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;301101. Short title.&nbsp;</span></p> <p><span class="cls0">Sections 1101 through 5101 of this title shall be known and may be cited as the "Oklahoma Guardianship and Conservatorship Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 1, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 1, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;301102. Articles in Act.&nbsp;</span></p> <p><span class="cls0">The Oklahoma Guardianship and Conservatorship Act shall be composed of the following articles:&nbsp;</span></p> <p><span class="cls0">Article I General provisions&nbsp;</span></p> <p><span class="cls0">Article II Minors&nbsp;</span></p> <p><span class="cls0">Article III Adults&nbsp;</span></p> <p><span class="cls0">Article IV Miscellaneous&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 2, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 2, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;301103. Purpose of Act Legislative intent.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. That in performing their duties and exercising their powers, guardians and limited guardians of incapacitated or partially incapacitated persons shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;assure, to the extent reasonably possible, that the rights of the wards for whom they are appointed are protected;&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 3, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;301104. Existing guardianships or conservatorships Compliance with Act Court review of cases.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">3. All guardians or conservators shall retain the powers assigned to them, unless otherwise modified or terminated by the court.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 4, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 3, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;301105. Guardian defined.&nbsp;</span></p> <p><span class="cls0">A guardian is a person appointed by the court to take care of the person or property of another.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3321. Amended by Laws 1988, c. 329, &sect; 5, eff. Dec. 1, 1988. Renumbered from &sect; 1 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;301106. Guardians ad litem excluded.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 6, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 4, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;301107. Ward defined.&nbsp;</span></p> <p><span class="cls0">A person over whom a guardian is appointed and a person over whose property a guardian or conservator is appointed is called a ward.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3322. Amended by Laws 1988, c. 329, &sect; 7, eff. Dec. 1, 1988. Renumbered from &sect; 2 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;301108. Guardians classified.&nbsp;</span></p> <p><span class="cls0">Guardians are either:&nbsp;</span></p> <p><span class="cls0">1. General;&nbsp;</span></p> <p><span class="cls0">2. Limited; or&nbsp;</span></p> <p><span class="cls0">3. Special.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3323. Amended by Laws 1988, c. 329, &sect; 8, eff. Dec. 1, 1988. Renumbered from &sect; 3 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 5, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;301109. General guardian.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3324. Amended by Laws 1988, c. 329, &sect; 9, eff. Dec. 1, 1988. Renumbered from &sect; 4 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 6, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;301110. Special guardian.&nbsp;</span></p> <p><span class="cls0">A special guardian may be appointed by the court pursuant to Section 3115 of this title.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3325. Amended by Laws 1988, c. 329, &sect; 10, eff. Dec. 1, 1988. Renumbered from &sect; 5 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 7, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-1-111. Definitions.&nbsp;</span></p> <p><span class="cls0">A. As used in the Oklahoma Guardianship and Conservatorship Act:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. "Estate" means the property of the person whose affairs are subject to a guardianship proceeding;&nbsp;</span></p> <p><span class="cls0">5. "Evaluation" means a professional assessment of:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the ability of an adult to receive and evaluate information effectively or communicate decisions,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the services necessary to provide for the ward;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">11. "Guardianship report" means any report required by the provisions of Sections 4-305 and 4-306 of this title;&nbsp;</span></p> <p><span class="cls0">12. "Incapacitated person" means a person eighteen (18) years of age or older:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;who is impaired by reason of:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;mental illness as defined by Section 1-103 of Title 43A of the Oklahoma Statutes,&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;mental retardation or developmental disability as defined by Section 1-818.2 of Title 63 of the Oklahoma Statutes,&nbsp;</span></p> <p class="cls3"><span class="cls0">(3)&nbsp;&nbsp;physical illness or disability,&nbsp;</span></p> <p class="cls3"><span class="cls0">(4)&nbsp;&nbsp;drug or alcohol dependency as defined by Section 3-403 of Title 43A of the Oklahoma Statutes, or&nbsp;</span></p> <p class="cls3"><span class="cls0">(5)&nbsp;&nbsp;such other similar cause, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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:&nbsp;</span></p> <p class="cls3"><span class="cls0">(1)&nbsp;&nbsp;lacks the capacity to meet essential requirements for his physical health or safety, or&nbsp;</span></p> <p class="cls3"><span class="cls0">(2)&nbsp;&nbsp;is unable to manage his financial resources.&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">19. "Minor" means a person under eighteen (18) years of age;&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">21. "Organization" means a corporation, trust, business trust, partnership, association, or other legal entity;&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;meet the essential requirements for his physical health or safety, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;manage all of his financial resources or to engage in all of the activities necessary for the effective management of his financial resources.&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">24. "Person" means an individual;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">27. "Subject of the proceeding" means a minor or an adult:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;who is the subject of a petition requesting the appointment of a guardian, limited guardian or special guardian,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;for whom a guardian or limited guardian has been appointed by the court, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;an adult for whom a conservator is requested or appointed; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 11, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 8, operative July 1, 1990; Laws 1998, c. 298, &sect; 1, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;301112. Persons and property subject to act Power of appointment Parental rights.&nbsp;</span></p> <p><span class="cls0">A. Except as otherwise specifically provided by law, the Oklahoma Guardianship and Conservatorship Act applies to:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Incapacitated and partially incapacitated persons in this state; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3327. Amended by Laws 1988, c. 329, &sect; 12, eff. Dec. 1, 1988. Renumbered from &sect; 7 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 9, operative July 1, 1990; Laws 2000, c. 385, &sect; 13, eff. Nov. 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;301113. Appointment of guardian Jurisdiction.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The need for a guardian or other order; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3328. Amended by Laws 1988, c. 329, &sect; 13, eff. Dec. 1, 1988. Renumbered from &sect; 8 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 10, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;301114. Powers of court.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The court has jurisdiction over guardianship proceedings, and has the following powers, which must be exercised in the manner prescribed by statute, to:&nbsp;</span></p> <p><span class="cls0">1. Appoint and remove guardians for minors and for incapacitated and partially incapacitated persons;&nbsp;</span></p> <p><span class="cls0">2. Issue and revoke letters of guardianship;&nbsp;</span></p> <p><span class="cls0">3. Control the conduct of guardians with regard to the care and treatment provided to their wards;&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;compel guardians to submit plans, reports, inventories and accountings to the court,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;compel payment and delivery by guardians of property belonging to their wards,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;settle the accounts of guardians;&nbsp;</span></p> <p><span class="cls0">5. Appoint appraisers of the property of wards;&nbsp;</span></p> <p><span class="cls0">6. Compel the attendance of witnesses and the production of documents and property;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The chief judge of each district court shall establish by court rule a system for:&nbsp;</span></p> <p><span class="cls0">1. The filing of guardianship and conservatorship cases and records which distinguish them from probate cases; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3330. Amended by Laws 1988, c. 329, &sect; 14, eff. Dec. 1, 1988. Renumbered from &sect; 10 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 11, operative July 1, 1990; Laws 1992, c. 115, &sect; 1, eff. Sept. 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-1-115. Venue - Priorities of jurisdiction - Transfer - Consolidation.&nbsp;</span></p> <p><span class="cls0">A. The venue for a guardianship proceeding is in:&nbsp;</span></p> <p><span class="cls0">1. The district court of the county where the minor or the incapacitated or partially incapacitated person resides;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 1-4-101 of Title 10A 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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 15, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 12, operative July 1, 1990; Laws 2005, c. 69, &sect; 3, eff. Nov. 1, 2005; Laws 2009, c. 234, &sect; 134, emerg. eff. May 21, 2009.&nbsp;</span></p> <p><span class="cls0">NOTE: Laws 1990, c. 51, &sect; 20 repealed by Laws 1991, c. 335, &sect; 36, emerg. eff. June 15, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;301116. Place of hearing Order and decree.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Any order appointing a guardian must be entered as and become a decree of the court.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6585. Amended by Laws 1953, p. 249, &sect; 87; Laws 1988, c. 329, &sect; 16, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 893 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 13, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;301117. Guardians ad litem Power to appoint Appointment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6537. Amended by Laws 1953, p. 249, &sect; 86; Laws 1988, c. 329, &sect; 17, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 891 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 14, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;301118. Guardian of nonresident.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3329. Amended by Laws 1988, c. 329, &sect; 18, eff. Dec. 1, 1988. Renumbered from &sect; 9 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 15, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;301119. Powers of guardian.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3333. Amended by Laws 1988, c. 329, &sect; 19, eff. Dec. 1, 1988. Renumbered from &sect; 14 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 16, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;301120. Power of guardian of the person Report of change of ward's abode Power of limited guardians.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3334. Amended by Laws 1988, c. 329, &sect; 20, eff. Dec. 1, 1988. Renumbered from &sect; 15 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 17, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;301121. Guardian of the property Power Fiduciary duty.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3335. Amended by Laws 1988, c. 329, &sect; 21, eff. Dec. 1, 1988. Renumbered from &sect; 16 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 18, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;301122. Confidential information filed with court.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The subject of the proceeding and the subject&rsquo;s attorney;&nbsp;</span></p> <p><span class="cls0">2. The guardian ad litem;&nbsp;</span></p> <p><span class="cls0">3. If the subject of the confidential information is a ward, the guardian or conservator of such ward;&nbsp;</span></p> <p><span class="cls0">4. If the subject of the confidential information is the guardian or conservator, the ward and the subject&rsquo;s attorney, and the attorney of such guardian or conservator;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">6. An authorized representative of the United States Department of Veterans Affairs upon presentation of proper identification; and&nbsp;</span></p> <p><span class="cls0">7. An authorized representative of the Department of Human Services upon presentation of proper identification.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 22, eff. Dec. 1, 1988. Amended by Laws 1989, c. 12, &sect; 1, emerg. eff. March 27, 1989; Laws 1990, c. 323, &sect; 79, operative July 1, 1990; Laws 1991, c. 18, &sect; 2, emerg. eff. March 29, 1991; Laws 1992, c. 395, &sect; 1, eff. Sept. 1, 1992; Laws 1999, c. 214, &sect; 1, eff. Nov. 1, 1999.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;301123. Letters of guardianship.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls1"><span class="cls0">Added by Laws 1988, c. 329, &sect; 23, eff. Dec. 1, 1988. &nbsp;</span></p> <p><span class="cls0">&sect;30-1-124. Guardianship and conservatorship handbook and duties summary.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 24, eff. Dec. 1, 1988. Amended by Laws 1994, c. 234, &sect; 3, eff. Sept. 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-1-125. Computation of time.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2000, c. 260, &sect; 2, emerg. eff. June 1, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-2. Renumbered as &sect; 1-107 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;302101. When guardian of minor to be appointed Petition Notice.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Such appointment may be made on the verified petition of a relative or other person in behalf of such minor.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p class="cls4"><span class="cls0">2. a.&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls5"><span class="cls0">b. (1)&nbsp;&nbsp;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&rsquo;s Code or the Oklahoma Juvenile Code.&nbsp;</span></p> <p class="cls5"><span class="cls0">(2)&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6522. Amended by Laws 1953, p. 244, &sect; 64; Laws 1969, c. 302, &sect; 27, eff. Jan. 1, 1970; Laws 1988, c. 329, &sect; 25, eff. Dec. 1, 1988. Renumbered from &sect; 761 of Title 58 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 19, operative July 1, 1990; Laws 2004, c. 158, &sect; 1.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;302102. Nominations of guardian.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. If the child is born in wedlock, by either parent or by both parents.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3326. Amended by Laws 1988, c. 329, &sect; 26, eff. Dec. 1, 1988. Renumbered from &sect; 6 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1991, c. 71, &sect; 6, emerg. eff. April 15, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-2-103. Nomination and appointment of guardian - Age of minor.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The court, in appointing a guardian for a minor, is to be guided by Section 112.5 of Title 43 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6523. Amended by Laws 1953, p. 244, &sect; 65; Laws 1988, c. 329, &sect; 27, eff. Dec. 1, 1988. Renumbered from &sect; 762 of Title 58 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 2009, c. 234, &sect; 135, emerg. eff. May 21, 2009; Laws 2010, c. 358, &sect; 5, emerg. eff. June 7, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;302104. Nomination of guardian by minor at 14 years of age Approval of court.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6529. Amended by Laws 1988, c. 329, &sect; 28, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 768 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;302105. Appointment when ward's nominee ineligible.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6524. Amended by Laws 1988, c. 329, &sect; 29, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 763 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;302106. Appointment of parents as guardians.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6530. Amended by Laws 1913, c. 29, p. 59, &sect; 1; Laws 1988, c. 329, &sect; 30, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 769 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;302107. Guardian in charge of education.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6531. Amended by Laws 1988, c. 329, &sect; 31, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 801 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-2-108. Education and maintenance of minor - Income from property of minor - Guardianship of minor with living parent - Child support.&nbsp;</span></p> <p><span class="cls0">A. If any minor, having a parent or parents living, has property, the income of which is sufficient for his or her 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 therefor may be allowed accordingly in the settlement of the accounts of the guardian of the minor.&nbsp;</span></p> <p><span class="cls0">B. Except as provided in subsection A of this section:&nbsp;</span></p> <p><span class="cls0">1. Any order appointing a guardian of the minor who has a living parent or other person legally responsible for the support of the child shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;provide for the payment of child support by each parent or other responsible party pursuant to the Oklahoma child support guidelines as set forth in Sections 118 and 119 of Title 43 of the Oklahoma Statutes. Each parent, including parents who reside together, shall be individually ordered to pay the percentage of the total monthly child support obligation attributable to that parent, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;contain an immediate income assignment provision pursuant to Section 115 of Title 43 of the Oklahoma Statutes;&nbsp;</span></p> <p><span class="cls0">2. The court may defer the issue of establishment or enforcement of child support to the appropriate administrative or district court when child support services are being provided pursuant to the state child support plan as provided in Section 237 of Title 56 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. In any guardianship in which provision is made for the custody or support of a minor child or enforcement of an existing custody or support order or before hearing the matter or signing any orders, the court shall inquire whether public assistance money or medical support has been provided through the Department of Human Services, hereafter referred to as the Department, for the benefit of each child, or whether the Department is providing child support services pursuant to the state child support plan as provided in Section 237 of Title 56 of the Oklahoma Statutes. If public assistance money, medical support, or child support services have been provided for the benefit of the child, the Department shall be a necessary party for the adjudication of the debt due to the state, as defined in Section 238 of Title 56 of the Oklahoma Statutes, and for the adjudication of paternity, child support, and medical insurance coverage for the minor children in accordance with federal regulations. When a guardianship action is filed, the petitioner shall give the Department notice of the action according to Section 2004 of Title 12 of the Oklahoma Statutes. The Department shall not be required to intervene in the action to have standing to appear and participate in the action. When the Department is a necessary party to the action, any orders concerning paternity, child support, medical support, or the debt due to the state shall be approved and signed by the Department.&nbsp;</span></p> <p><span class="cls0">R.L.1910, &sect; 6535. Amended by Laws 1988, c. 329, &sect; 32, eff. Dec. 1, 1988. Renumbered from &sect; 802 of Title 58 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 2000, c. 385, &sect; 14, eff. Nov. 1, 2000; Laws 2008, c. 407, &sect; 18, eff. Nov. 1, 2008.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-2-109. Conditions of appointment.&nbsp;</span></p> <p><span class="cls0">A. When any person is appointed guardian of a minor, the court shall include in the order of appointment conditions providing for the care, treatment, education and welfare of the minor.&nbsp;</span></p> <p><span class="cls0">B. An order providing for the transfer of the permanent care and custody of a child:&nbsp;</span></p> <p><span class="cls0">1. Shall require that the placement be reviewed within one (1) year after transfer and may require the person to whom custody is transferred to submit any records or reports the court deems necessary for purposes of the review; and&nbsp;</span></p> <p><span class="cls0">2. Shall require periodic reviews by the court thereafter as necessary to serve the best interests of the child.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6533. Amended by Laws 1988, c. 329, &sect; 33, eff. Dec. 1, 1988. Renumbered from &sect; 770 of Title 58 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 20, operative July 1, 1990; Laws 2010, c. 358, &sect; 6, emerg. eff. June 7, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;302110. Investments authorized.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 346, &sect; 1. Renumbered from Title 58, &sect; 816.1 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 21, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;302111. Contracts on lives of wards and beneficiaries of trust funds.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 347, &sect; 2. Renumbered from Title 58, &sect; 816.2 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 22, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;302112. Interest of guardian.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 347, &sect; 3. Renumbered from Title 58, &sect; 816.3 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 23, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;302113. When power of guardian appointed by parent ceases.&nbsp;</span></p> <p><span class="cls0">The power of a guardian appointed for a minor ceases upon:&nbsp;</span></p> <p><span class="cls0">1. The removal of the guardian;&nbsp;</span></p> <p><span class="cls0">2. The solemnized marriage of the ward; or&nbsp;</span></p> <p><span class="cls0">3. The ward's attaining majority.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3338. Amended by Laws 1988, c. 329, &sect; 34, eff. Dec. 1, 1988. Renumbered from &sect; 19 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 24, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;302114. Release of minor ward at majority.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3340. Amended by Laws 1988, c. 329, &sect; 35, eff. Dec. 1, 1988. Renumbered from &sect; 21 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;302115. Limitation of discharge by court.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3341. Amended by Laws 1988, c. 329, &sect; 36, eff. Dec. 1, 1988. Renumbered from &sect; 22 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-2-116. Delivery of up to $10,000 of minor's estate to custodian, parent or minor.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1967, c. 51, &sect; 1, emerg. eff. April 14, 1967. Amended by Laws 1988, c. 329, &sect; 37, eff. Dec. 1, 1988. Renumbered from &sect; 898.1 of Title 58 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1996, c. 293, &sect; 2, eff. Nov. 1, 1996.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-2-117. Custody by abandonment of a minor - Qualified relative.&nbsp;</span></p> <p><span class="cls0">A. The court of each county, when it appears necessary or convenient, may grant a qualified relative custody by abandonment of a minor or minors who have been abandoned, as defined by Section 1-1-105 of Title 10A of the Oklahoma Statutes, in the care of the qualified relative if:&nbsp;</span></p> <p><span class="cls0">1. The minor is residing full-time with the qualified relative and the qualified relative contributes the major degree of support for the minor; and&nbsp;</span></p> <p><span class="cls0">2. The qualified relative is unable to contact the parent or parents or person or persons having legal custody of the minor, or the parent or parents or other person or persons having legal custody of the minor fail to or refuse to regain physical custody of the minor after a written request to do so by the qualified relative.&nbsp;</span></p> <p><span class="cls0">B. For purposes of this section, a &ldquo;qualified relative&rdquo; means an adult grandparent, great-grandparent, brother, sister, half-brother, half-sister, uncle, aunt, niece or nephew or a spouse of a qualified relative.&nbsp;</span></p> <p><span class="cls0">C. A qualified relative who is granted custody by abandonment shall have the same rights to arrange for, authorize, and consent to day care services, medical, psychological, dental, and educational assessment and services, and any other services that may be necessary to provide for the care, treatment, education, and welfare of the minor or minors that are given to legal guardians by the Oklahoma Guardianship and Conservatorship Act except that such relative may not consent to an adoption of the minor or minors.&nbsp;</span></p> <p><span class="cls0">D. Custody by abandonment shall be made on the verified petition of a qualified relative and shall be substantially in the following form:&nbsp;</span></p> <p class="cls6"><span class="cls0">PETITION FOR CUSTODY BY ABANDONMENT&nbsp;</span></p> <p><span class="cls0">Comes Now the Petitioner, _______________, and informs the Court as follows:&nbsp;</span></p> <p><span class="cls0">1. That I am now a resident in good faith of ____________ County, and the State of Oklahoma for at least six (6) months prior to the filing of this petition.<br>2. That my home address is __________________________.&nbsp;</span></p> <p><span class="cls0">3. That my date of birth is _______________________________.&nbsp;</span></p> <p><span class="cls0">4. That my Oklahoma driver license or other identification card number is _____________________.&nbsp;</span></p> <p><span class="cls0">5. That _______________________ is/are minor child(ren) ________ years of age, respectively, having the following date(s) of birth: ______________________________________.&nbsp;</span></p> <p><span class="cls0">6. That I am related to the child(ren) as his/her/their ___________________.&nbsp;</span></p> <p><span class="cls0">7. That the child(ren) has/have been living in my home since the ______ day of _________________, 20___. Prior to this date, the child(ren) resided at the following address and in the following county and state: ________________________________________.&nbsp;</span></p> <p><span class="cls0">8. That the Court has jurisdiction in this action to make a child custody determination pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, Sections 551-101 through 551-402 of Title 43 of the Oklahoma Statutes in that Oklahoma is the home state of the minor child(ren). A Uniform Child Custody Jurisdiction and Enforcement Act Affidavit is attached to this petition.&nbsp;</span></p> <p><span class="cls0">9. That the minor child(ren) is/are not Indian children within the meaning of the Federal or State Indian Child Welfare Acts.&nbsp;</span></p> <p><span class="cls0">10. That (check one)&nbsp;</span></p> <p><span class="cls0">( ) I am unable to contact or locate either parent of the child(ren) or other person(s) having legal custody of the child(ren) at this time.&nbsp;</span></p> <p><span class="cls0">( ) I made a written request to the child(ren)&rsquo;s parent(s) or other person(s) having legal custody of the child(ren) on the ____ day of __________________, 20_____, to regain physical custody of the child(ren), and said custodian has failed to regain custody or such request has been refused.&nbsp;</span></p> <p><span class="cls0">11. That, at this time, I do/do not (choose one) intend to seek child support from the child(ren)&rsquo;s parent(s) or legal guardian(s).&nbsp;</span></p> <p><span class="cls0">12. That granting Petitioner care and custody by abandonment is necessary to provide for the general welfare of the child(ren) and to allow Petitioner to authorize medical, dental, educational, child care and/or other services for the child(ren).&nbsp;</span></p> <p><span class="cls0">13. That I hereby accept care and custody of the child(ren). I will exercise continuing general supervision of the child(ren).&nbsp;</span></p> <p><span class="cls0">14. That I am qualified to be granted care and custody by abandonment. I further inform the Court that I am not a minor, incapacitated person or partially incapacitated person. Attached to this petition is a completed Oklahoma Sex Offenders Registration Act Affidavit. There are no conflicts of interest that would preclude or be substantially detrimental to my ability to act in the best interest(s) of the minor child(ren).&nbsp;</span></p> <p><span class="cls0">WHEREFORE, the Petitioner prays the Court to grant Petitioner care and custody by abandonment and issue Letters of Custody by Abandonment upon the taking of the oath.&nbsp;</span></p> <p><span class="cls0">__________________________&nbsp;</span></p> <p><span class="cls0">Signature of Attorney or Pro Se Petitioner&nbsp;</span></p> <p><span class="cls0">Printed Name&nbsp;</span></p> <p><span class="cls0">Address&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Verification&nbsp;</span></p> <p><span class="cls0">State of Oklahoma &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;)&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;) SS.&nbsp;</span></p> <p><span class="cls0">County of _____________&nbsp;&nbsp;&nbsp;&nbsp;)&nbsp;</span></p> <p><span class="cls0">I, _____________________, of lawful age, being first duly sworn upon oath depose and state that I am the Petitioner named above; that I have read the foregoing Petition and understand its contents; that I hereby state that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge and belief.&nbsp;</span></p> <p><span class="cls0">__________________________&nbsp;</span></p> <p><span class="cls0">Signature of Petitioner&nbsp;</span></p> <p><span class="cls0">Subscribed and sworn to before me this ______ day of ________________, 20_____.&nbsp;</span></p> <p><span class="cls0">__________________________&nbsp;</span></p> <p><span class="cls0">Notary Public&nbsp;</span></p> <p><span class="cls0">My Commission Number is:____________________&nbsp;</span></p> <p><span class="cls0">My Commission Expires:_____________________&nbsp;</span></p> <p><span class="cls0">E. Affidavits attesting to the compliance of the guardian with the Uniform Child Custody Jurisdiction and Enforcement Act and the Oklahoma Sex Offenders Registration Act shall be attached to the petition and shall be substantially in the following forms:&nbsp;</span></p> <p class="cls6"><span class="cls0">Uniform Child Custody&nbsp;</span></p> <p class="cls6"><span class="cls0">Jurisdiction And Enforcement Act&nbsp;</span></p> <p class="cls6"><span class="cls0">Affidavit&nbsp;</span></p> <p><span class="cls0">STATE OF OKLAHOMA&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; )&nbsp;</span></p> <p><span class="cls0"> ) SS&nbsp;</span></p> <p><span class="cls0">COUNTY OF ________________ )&nbsp;</span></p> <p><span class="cls0">I,________________________, of lawful age, am the Petitioner in the above-styled and numbered guardianship proceeding, being first duly sworn upon oath, depose and state:&nbsp;</span></p> <p><span class="cls0">1.&nbsp;&nbsp;The minor(s), ___________, _______________, presently live at __________ (city), ___________ (state), ______ (zip).&nbsp;</span></p> <p><span class="cls0">2.&nbsp;&nbsp;The minor(s) has/have lived at the following address during the last five (5) years:&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;Name&nbsp;&nbsp;&nbsp;&nbsp;Address&nbsp;&nbsp;&nbsp;&nbsp;City&nbsp;&nbsp;&nbsp;&nbsp;State&nbsp;&nbsp;Zip&nbsp;&nbsp;Date&nbsp;</span></p> <p><span class="cls0">_________________________________________________________________&nbsp;</span></p> <p><span class="cls0">_________________________________________________________________&nbsp;</span></p> <p><span class="cls0">_________________________________________________________________&nbsp;</span></p> <p><span class="cls0">_________________________________________________________________&nbsp;</span></p> <p><span class="cls0">_________________________________________________________________&nbsp;</span></p> <p><span class="cls0">3.&nbsp;&nbsp;I have/have not participated as a party, witness or otherwise been involved in a legal proceeding concerning the custody of, or visitation with, said minor(s).&nbsp;</span></p> <p><span class="cls0">If you have, list the Court, the case number(s) and the date(s) of participation:&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;&nbsp;&nbsp;Court&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Case Number&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Dates&nbsp;</span></p> <p><span class="cls0">________________________________________________________________&nbsp;</span></p> <p><span class="cls0">________________________________________________________________&nbsp;</span></p> <p><span class="cls0">________________________________________________________________&nbsp;</span></p> <p><span class="cls0">4.&nbsp;&nbsp;I have knowledge of the following proceeding pertaining to a divorce of the minor&rsquo;s(s&rsquo;) parents, custody proceeding(s) concerning this/these minor(s) proceedings concerning domestic violence or abuse, protective orders, termination of parental rights, adoptions or Department of Human Services or other proceedings.&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;&nbsp;&nbsp;Court&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Case Number&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Dates&nbsp;</span></p> <p><span class="cls0">________________________________________________________________&nbsp;</span></p> <p><span class="cls0">________________________________________________________________&nbsp;</span></p> <p><span class="cls0">________________________________________________________________&nbsp;</span></p> <p><span class="cls0">5.&nbsp;&nbsp;I have knowledge that the following named persons claim a right to custody or a right to visitation with said minor.&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;Name&nbsp;&nbsp;&nbsp;&nbsp;Address&nbsp;&nbsp;&nbsp;&nbsp;City&nbsp;&nbsp;&nbsp;&nbsp;State&nbsp;&nbsp;Zip&nbsp;&nbsp;Date&nbsp;</span></p> <p><span class="cls0">_________________________________________________________________&nbsp;</span></p> <p><span class="cls0">_________________________________________________________________&nbsp;</span></p> <p><span class="cls0">_________________________________________________________________&nbsp;</span></p> <p><span class="cls0">_________________________________________________________________&nbsp;</span></p> <p><span class="cls0">_________________________________________________________________&nbsp;</span></p> <p><span class="cls0">6.&nbsp;&nbsp;I acknowledge that I have a continuing duty under the law to inform the Court, in writing, of any additional information acquired by me after executing this &ldquo;Affidavit&rdquo;.&nbsp;</span></p> <p class="cls7"><span class="cls0">Signature: &nbsp;&nbsp; ____________________________&nbsp;</span></p> <p class="cls7"><span class="cls0">Print Name:&nbsp;&nbsp; ____________________________&nbsp;</span></p> <p class="cls8"><span class="cls0">Petitioner&nbsp;</span></p> <p><span class="cls0">Subscribed and sworn to before me this _________ day of _____________________, _______.&nbsp;</span></p> <p class="cls9"><span class="cls0">________________________________&nbsp;</span></p> <p class="cls10"><span class="cls0">Court Clerk / Notary Public&nbsp;</span></p> <p><span class="cls0">My Commission Number: &nbsp;&nbsp;___________________________________________&nbsp;</span></p> <p><span class="cls0">My Commission Expires:&nbsp;&nbsp; __________________________________________&nbsp;</span></p> <p class="cls6"><span class="cls0">Oklahoma Sex Offenders Registration Act&nbsp;</span></p> <p class="cls6"><span class="cls0">Affidavit&nbsp;</span></p> <p><span class="cls0">I am not a person subject to registration under the Oklahoma Sex Offenders Registration Act.&nbsp; I am not married to or living with such a person, or a person who has been convicted of, or has charges pending for, a felony or any relevant misdemeanor, nor has anyone living with me or frequently present in my home previously been convicted of, or has charges pending for, a relevant felony or misdemeanor.&nbsp;</span></p> <p><span class="cls0">That as guardian of the above minor child(ren) under no circumstances shall I permit the child to be left in the custody of a person who is known to me to be subject to registration under the Oklahoma Sex Offenders Registration Act.&nbsp; Nor shall I permit the children to be left in the custody of a person married or living with such a person, or with any individual who has been convicted of any crime involving domestic abuse.&nbsp; Nor shall these children be placed in the custody of a person who has previously been convicted of, or has charges pending for, a relevant felony or misdemeanor.&nbsp;</span></p> <p class="cls11"><span class="cls0">____________________________________________&nbsp;</span></p> <p class="cls12"><span class="cls0">Petitioner&nbsp;</span></p> <p><span class="cls0">Subscribed and sworn to before me on this _____ day of _______________.&nbsp;</span></p> <p class="cls11"><span class="cls0">____________________________________________&nbsp;</span></p> <p class="cls12"><span class="cls0">Court Clerk or Notary Public&nbsp;</span></p> <p><span class="cls0">My Commission Number: &nbsp;&nbsp;____________________________________________&nbsp;</span></p> <p><span class="cls0">My Commission Expires:&nbsp;&nbsp; ___________________________________________&nbsp;</span></p> <p><span class="cls0">F. The provisions for satisfying notice requirements and receiving reports and investigations shall be identical to those provided for under subsection C of Section 2-101 of Title 30 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">G. The annual accounting requirements for custody by abandonment shall be identical to the accounting requirements provided in Section 4-303 of Title 30 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">H. The filing fees in matters pertaining to custody by abandonment shall not exceed the fees for matters pertaining to relative guardianship under Section 4-404 of Title 30 of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">I. If after consideration, the court finds that granting custody by abandonment to a qualified relative is in the best interest of the child, the court shall issue an order granting said relative custody by abandonment. A qualified relative who is granted custody by abandonment shall be issued Letters of Custody by Abandonment. Letters of Custody by Abandonment shall specify that the guardian shall have the authority to consent to medical services and shall be indemnified from personal liability for medical services provided to the child or children. Custody by abandonment shall take effect upon taking of an oath by the qualified relative.&nbsp;</span></p> <p><span class="cls0">J. 1. A minor who is in the permanent care of the qualified relative granted care and custody by abandonment and who is either:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;twenty-four (24) months of age or less and who has been abandoned for at least six (6) months in the physical care of the qualified relative, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;over twenty-four (24) months of age and who has been abandoned for a period of twelve (12) months out of the last fourteen (14) months in the physical care of the qualified relative,&nbsp;</span></p> <p><span class="cls0">may not be reclaimed or recovered to the parent or parents or other person or persons having legal custody of the minor who abandoned the minor except through order of a court of competent jurisdiction or by voluntary release of the minor by the qualified relative.&nbsp;</span></p> <p><span class="cls0">2. Upon any action to determine the custody of the minor pursuant to the provisions of this subsection, the court shall base its findings and determination of custody on the best interests of the minor and:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the duration of the abandonment and integration of the minor into the home of the relative,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the preference of the minor if the minor is determined to be of sufficient maturity to express a preference,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the mental and physical health of the minor, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;such other factors as are deemed necessary in the particular circumstances.&nbsp;</span></p> <p><span class="cls0">3. During the pendency of any action to determine the custody of a minor pursuant to this subsection, unless it is determined not to be in the best interests of the minor, the minor shall remain in the custody of the qualified relative who has accepted custody by abandonment.&nbsp;</span></p> <p><span class="cls0">4. If the court orders the minor be returned to the minor&rsquo;s parent or parents or other legal guardian, the court may provide for a transitional period for the return in the best interest of the minor.&nbsp;</span></p> <p><span class="cls0">K. The provisions of this section shall not apply to the acceptance of care and custody by one parent of the minor from the other parent of the minor.&nbsp;</span></p> <p><span class="cls0">L. 1. Custody by abandonment for a minor ceases upon:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the minor attaining majority, or attaining the age of nineteen (19) years if the minor is a full-time student in high school,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the solemnized marriage of the minor,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the voluntary relinquishment by the qualified relative granted custody by abandonment, or&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;by order of the court.&nbsp;</span></p> <p><span class="cls0">2. If the minor stops residing with the relative, or if custody by abandonment has been terminated for any reason, the relative shall notify the court issuing the Letters of Custody by Abandonment and any school, health care provider, health care service plan, or other provider that has been given a copy of the Letters of Custody by Abandonment.&nbsp;</span></p> <p><span class="cls0">M. Actions establishing abandonment pursuant to this section shall not be required to be reported to the Department of Human Services under subsection B of Section 1-2-101 of Title 10A of the Oklahoma Statutes.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 358, &sect; 7, emerg. eff. June 7, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3. Renumbered as &sect; 1-108 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;30-3-101. Petition for appointment of guardian.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The petition shall be verified and shall specify:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. The nature and degree of the alleged incapacity;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">4. The estimated value of all intangible personal property of the ward.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. Before making the appointment, the court may receive an investigation and report regarding the background and home of the prospective guardian. When required, the investigation and report of the prospective guardian and placement restrictions and requirements shall include a check for the petitioner and each adult member of the petitioner&rsquo;s household establishing that there is no record of a criminal conviction, protective order or pending criminal charge. Additionally, the report shall include an Oklahoma State Bureau of Investigation name-based criminal background check for the petitioner and each adult member of the petitioner&rsquo;s household establishing that no record of a criminal conviction exists in the OSBI criminal history repository based on the search criteria provided. The petitioner shall disclose the case name and status of any civil or criminal matter in state or federal court, including but not limited to bankruptcy adjudications, involving the petitioner or any adult household member.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 38, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 25, operative July 1, 1990; Laws 2007, c. 364, &sect; 1, emerg. eff. June 4, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303102. Nomination of guardians or alternate guardians by adult Priorities of nominations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls6"><span class="cls0">Nomination of Guardian by an Adult&nbsp;</span></p> <p><span class="cls0">I, ____________________, being of sound mind and not&nbsp;</span></p> <p class="cls2"><span class="cls0">(Name)&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Executed at ________________________ (city, state)&nbsp;</span></p> <p><span class="cls0">on this______day of_________, 19__.&nbsp;</span></p> <p><span class="cls0"> ______________________&nbsp;</span></p> <p><span class="cls0"> &nbsp;&nbsp;&nbsp;&nbsp;Signature&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. If the same person has executed more than one nomination of a guardian:&nbsp;</span></p> <p><span class="cls0">1. The most recent nomination shall control; or&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 441, &sect; 1. Amended by Laws 1988, c. 329, &sect; 39, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 896 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 26, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303103. Nomination of guardian or limited guardian by will.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 40, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 27, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303104. Priorities for selection by court of guardian or limited guardian Appointment of organization Determination of suitability Appointment of public agency.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The individual or individuals nominated by the subject of the proceeding pursuant to Section 3102 of this title;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. The spouse of the subject of the proceeding;&nbsp;</span></p> <p><span class="cls0">5. An adult child of the subject of the proceeding;&nbsp;</span></p> <p><span class="cls0">6. A parent of the subject of the proceeding;&nbsp;</span></p> <p><span class="cls0">7. A sibling of the subject of the proceeding; or&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Such organization is nominated by the subject of the proceeding pursuant to Section 3102 of this title; or&nbsp;</span></p> <p><span class="cls0">2. Such organization is nominated by a person eligible to make such nomination pursuant to Section 3103 of this title; or&nbsp;</span></p> <p><span class="cls0">3. The appointment of such organization is in the best interest of the subject of the proceeding.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 41, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 28, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303105. Court appointment where nominee is unable, unwilling or cannot qualify to serve.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 441, &sect; 2. Amended by Laws 1988, c. 329, &sect; 42, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 897 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303106. Rights of individual alleged to be or found to be incapacitated or partially incapacitated Confidentiality Relief from costs and fees Record.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Notice as provided in Section 3110 of this title;&nbsp;</span></p> <p><span class="cls0">2. Be present at such hearings;&nbsp;</span></p> <p><span class="cls0">3. Compel the attendance of witnesses;&nbsp;</span></p> <p><span class="cls0">4. Present evidence;&nbsp;</span></p> <p><span class="cls0">5. Crossexamine witnesses;&nbsp;</span></p> <p><span class="cls0">6. Appeal adverse orders and judgments as provided by the rules of civil procedure;&nbsp;</span></p> <p><span class="cls0">7. Representation by courtappointed counsel upon request; and&nbsp;</span></p> <p><span class="cls0">8. Request that the proceedings be closed to the public.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 43, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 29, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-3-106.1. Court-appointed advocates for vulnerable adults programs.&nbsp;</span></p> <p><span class="cls0">A. As used in this section:&nbsp;</span></p> <p><span class="cls0">1. &ldquo;Court-appointed advocates for vulnerable adults&rdquo; or &ldquo;CAAVA&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">2. &ldquo;Court-appointed advocates for vulnerable adults program&rdquo; 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;&nbsp;</span></p> <p><span class="cls0">3. &ldquo;Vulnerable adult&rdquo; means a person, eighteen (18) years of age or older, who is a victim of abuse, neglect or exploitation, or who is disabled; and&nbsp;</span></p> <p><span class="cls0">4. &ldquo;Best interests&rdquo; 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&rsquo;s relatives, caregivers or health care providers, and without regard for the perceived quality of life of the vulnerable adult or the vulnerable adult&rsquo;s perceived nearness to death.&nbsp;</span></p> <p><span class="cls0">B. The following entities shall collectively develop policy guidelines for court-appointed advocates for vulnerable adults programs:&nbsp;</span></p> <p><span class="cls0">1. Oklahoma Planning Council on Developmental Disabilities;&nbsp;</span></p> <p><span class="cls0">2. Court-appointed special advocates (CASA);&nbsp;</span></p> <p><span class="cls0">3. Aging Services Division of the Department of Human Services;&nbsp;</span></p> <p><span class="cls0">4. Adult Protective Services Program Office;&nbsp;</span></p> <p><span class="cls0">5. Office of Public Guardian;&nbsp;</span></p> <p><span class="cls0">6. Advocacy Partnership for Aging Oklahomans;&nbsp;</span></p> <p class="cls13"><span class="cls0">7. The State Long-Term Care Ombudsman; and&nbsp;</span></p> <p><span class="cls0">8. The Developmental Disabilities Division of the Department of Human Services.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">3. A guardian ad litem shall not be a district attorney, an employee of the office of the district attorney, the vulnerable adult&rsquo;s attorney, an employee of the court, or an employee of any public agency having duties or responsibilities related to the vulnerable adult.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;advocate for the vulnerable adult&rsquo;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;maintain the confidentiality of information related to the case,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;monitor the vulnerable adult's best interests throughout any judicial proceeding, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;present written reports on the vulnerable adult&rsquo;s best interests that include conclusions and recommendations, and the facts upon which they are based.&nbsp;</span></p> <p><span class="cls0">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&rsquo;s relatives, guardian or custodian, made pursuant to the laws relating to adult abuse and neglect, including reports generated by service providers.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. A court-appointed advocates for vulnerable adults (CAAVA) program may be made available to each judicial district.&nbsp;</span></p> <p><span class="cls0">3. For purposes of this section, the terms "court-appointed advocate for vulnerable adults" and &ldquo;guardian ad litem&rdquo; 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.&nbsp;</span></p> <p><span class="cls0">4. A court-appointed advocate for vulnerable adults shall serve without compensation.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2002, c. 298, &sect; 1, eff. July 1, 2002.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303107. Appointment of counsel Explanation and inquiry by court Replacement of appointed counsel Determination of independence of retained counsel Record.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. If the subject of the proceeding is present at the hearing on the petition and is not represented by counsel at said hearing:&nbsp;</span></p> <p><span class="cls0">1. The court shall explain on the record:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the purpose and potential consequences of the proceeding; and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">2. Following such explanation the court shall inquire of the subject of the proceeding whether he wishes to have an attorney appointed.&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;If the subject of the proceeding requests the appointment of an attorney, the court shall appoint an attorney.&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. The attorney appointed by the court shall be replaced by another attorney if:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the subject of the proceeding prefers the services of an attorney other than the one initially appointed for him;&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the preferred attorney agrees to accept the responsibility; and&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the subject of the proceeding or the attorney whom he prefers notifies the court of the preference and the attorney's acceptance of employment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">H. Proceedings brought pursuant to the provisions of this section shall be made a part of the record in the guardianship proceeding.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 44, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 30, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303108. Evaluations of subject of proceeding.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. A physician;&nbsp;</span></p> <p><span class="cls0">2. A psychologist;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. A description of the nature and extent of the incapacity of the person, if any;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. An opinion regarding the kind and extent of assistance, if any, required by the person;&nbsp;</span></p> <p><span class="cls0">4. An assessment and review of any services necessary to provide for the wellbeing of the person in the following areas:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;physical health,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;mental health,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;social skills, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;adequate and appropriate living conditions;&nbsp;</span></p> <p><span class="cls0">5. An opinion regarding:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the probability that the extent of the incapacity, if any, of the person may significantly lessen or increase, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p><span class="cls0">6. A description of any tests or other evaluative techniques used.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 45, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 31, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303109. Hearing on petition Setting of date.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6538. Amended by Laws 1955, p. 302, &sect; 1; Laws 1972, c. 174, &sect; 1, eff. Oct. 1, 1972; Laws 1988, c. 329, &sect; 46, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 851 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 32, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-3-110. Notice of hearing.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The subject of the proceeding; and&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the spouse, if any, of the subject of the proceeding,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the attorney, if any, of the subject of the proceeding,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;all adult children of the subject of the proceeding,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;if there is no such adult child, the then living parent or parents of the subject of the proceeding, or&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">5. To the extent known to the petitioner:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the person or facility having care or custody of the subject of the proceeding, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">6. As appropriate, the Veterans Administration pursuant to Section 126.8 of Title 72 of the Oklahoma Statutes; and&nbsp;</span></p> <p><span class="cls0">7. Any other person as directed by the court.&nbsp;</span></p> <p><span class="cls0">B. A copy of the pleading which gave rise to the notice shall be attached to any notice served pursuant to this section.&nbsp;</span></p> <p><span class="cls0">C. Except for actions appointing a special guardian pursuant to Section 3115 of this title:&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls6"><span class="cls0">NOTICE OF HEARING&nbsp;</span></p> <p><span class="cls0">TO: _______________________________________&nbsp;</span></p> <p><span class="cls0"> (Name of subject of proceeding)&nbsp;</span></p> <p><span class="cls0">Service Address ________________________________&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">The hearing on the petition will be held on&nbsp;</span></p> <p><span class="cls0">____________________________________________________________.&nbsp;</span></p> <p><span class="cls0">(date, time and place of the hearing)&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 47, eff. Dec. 1, 1988. Amended by Laws 1989, c. 319, &sect; 1, eff. Nov. 1, 1989; Laws 1990, c. 323, &sect; 33, operative July 1, 1990; Laws 1991, c. 335, &sect; 10, emerg. eff. June 15, 1991.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1989, c. 270, &sect; 1 repealed by Laws 1990, c. 51, &sect; 146, emerg. eff. April 9, 1990, and Laws 1990, c. 323, &sect; 80, operative July 1, 1990. Laws 1990, c. 51, &sect; 21 repealed by Laws 1991, c. 335, &sect; 36, emerg. eff. June 15, 1991.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303111. Determination by court Order appointing guardian - Explanation on record.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. The nature and extent of the incapacity of the subject of the proceeding, if any; and&nbsp;</span></p> <p><span class="cls0">4. Whether by clear and convincing evidence the subject of the proceeding is an incapacitated or partially incapacitated person.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6539. Amended by Laws 1953, p. 247, &sect; 80; Laws 1955, p. 302, &sect; 2; Laws 1988, c. 329, &sect; 48, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 852 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 34, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303112. Appointment of guardians or limited guardians.&nbsp;</span></p> <p><span class="cls0">A. Whenever the court finds the subject of the proceeding to be an incapacitated person the court shall appoint:&nbsp;</span></p> <p><span class="cls0">1. A general guardian of the person; and&nbsp;</span></p> <p><span class="cls0">2. As the court determines to be necessary and appropriate, a guardian of the property of the ward.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. A limited guardian of the person; or&nbsp;</span></p> <p><span class="cls0">2. A general or a limited guardian of the property of said person; or&nbsp;</span></p> <p><span class="cls0">3. A limited guardian of the person and a general or limited guardian of the property of said person.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 49, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 35, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303113. Order appointing guardian - Specific determinations of capacity - Submission of guardianship plan - Other orders.&nbsp;</span></p> <p><span class="cls0">A. The order appointing a guardian, based upon evidence adduced, shall set forth:&nbsp;</span></p> <p><span class="cls0">1. The determinations made by the court at the hearing;&nbsp;</span></p> <p><span class="cls0">2. The name and address of the individual, if any, appointed to serve as the limited guardian or guardian;&nbsp;</span></p> <p><span class="cls0">3. The specific limitations imposed upon the ward, if the ward is a partially incapacitated person;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">5. Whenever the court determines a review hearing is necessary or desirable, the date of the review hearing.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. To vote;&nbsp;</span></p> <p><span class="cls0">2. To serve as a juror;&nbsp;</span></p> <p><span class="cls0">3. To operate a motor vehicle;&nbsp;</span></p> <p><span class="cls0">4. To be licensed or continue to practice any profession of the ward; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Appoint an agent to act on his behalf;&nbsp;</span></p> <p><span class="cls0">2. Enter into contracts;&nbsp;</span></p> <p><span class="cls0">3. Grant conveyances; or&nbsp;</span></p> <p><span class="cls0">4. Make gifts of property.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. The amount of the bond as required by Section 4201 of this title.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 50, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 36, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303114. Assignment of powers to limited guardian Endorsement of limitation or specification of assets upon letters of guardianship.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Meeting the requirements for his health or safety;&nbsp;</span></p> <p><span class="cls0">2. Protecting his rights;&nbsp;</span></p> <p><span class="cls0">3. Obtaining necessary services;&nbsp;</span></p> <p><span class="cls0">4. Fulfilling his civic duties; and&nbsp;</span></p> <p><span class="cls0">5. Any other areas as determined necessary by the court and which are not specifically prohibited by Section 56 of this act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 51, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-3-115. Appointment of special guardian - Powers - Duration - Bond - Removal.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The subject of the proceeding;&nbsp;</span></p> <p><span class="cls0">2. The attorney of the subject of the proceeding, if any;&nbsp;</span></p> <p><span class="cls0">3. The spouse of the subject of the proceeding, if any, and if the spouse is not the petitioner; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The subject of the proceeding;&nbsp;</span></p> <p><span class="cls0">2. The spouse of the subject of the proceeding, if any, if the spouse is not the petitioner; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">The notice shall be served in the manner the court directs.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 52, eff. Dec. 1, 1988. Amended by Laws 1989, c. 319, &sect; 2, eff. Nov. 1, 1989; Laws 1990, c. 323, &sect; 37, operative July 1, 1990; Laws 1994, c. 234, &sect; 4, eff. Sept. 1, 1994; Laws 2001, c. 322, &sect; 1, emerg. eff. June 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303116. Proceedings to determine restoration to capacity.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6541. Amended by Laws 1955, p. 303, &sect; 4; Laws 1988, c. 329, &sect; 53, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 854 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1989, c. 270, &sect; 2, eff. Nov. 1, 1989; Laws 1990, c. 323, &sect; 38, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303117. Presumption of capacity when guardian discharged without appointment of another.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1947, p. 346, &sect; 1. Amended by Laws 1988, c. 329, &sect; 54, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 855 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 39, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303118. Duties and powers of guardian or limited guardian.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. 1. A guardian or limited guardian of the person of an incapacitated or partially incapacitated person shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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;&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;provide any required consents or approvals on behalf of the ward as authorized by the court.&nbsp;</span></p> <p><span class="cls0">2. A guardian or limited guardian of the person, if consistent with the terms of an order of the court, may:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 55, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 40, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303119. Limitation of powers of guardian.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;as authorized by an advance directive executed pursuant to the Oklahoma Rights of the Terminally Ill or Persistently Unconscious Act, or&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;as authorized by a consent not to resuscitate made pursuant to the Oklahoma Do-Not-Resuscitate Act;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 56, eff. Dec. 1, 1988. Amended by Laws 1989, c. 319, &sect; 3, eff. Nov. 1, 1989; Laws 1990, c. 323, &sect; 41, operative July 1, 1990; Laws 1992, c. 114, &sect; 19, eff. Sept. 1, 1992; Laws 1997, c. 327, &sect; 15, eff. Nov. 1, 1997.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303120. Proposed plan for care and treatment of ward.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. 1. The proposed guardianship plan and any subsequent guardianship plans for the care and treatment of the ward shall state:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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;&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the means for obtaining those services;&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">2. Each such plan shall be substantially in the following form:&nbsp;</span></p> <p class="cls6"><span class="cls0">Plan for the Care and Treatment of a Ward&nbsp;</span></p> <p><span class="cls0">I, _______________________, the (guardian, limited&nbsp;</span></p> <p class="cls14"><span class="cls0"> (Name)&nbsp;</span></p> <p><span class="cls0">guardian) for___________________________________________________&nbsp;</span></p> <p class="cls14"><span class="cls0">(Name and the current place of abode of the ward)&nbsp;</span></p> <p><span class="cls0">hereby submit this (initial, annual or as ordered by the court) Guardianship Plan for the care and treatment of said ward.&nbsp;</span></p> <p><span class="cls0">1. I believe the services necessary for the physical health and safety of the ward are: ___________________________&nbsp;</span></p> <p><span class="cls0">2. Those services will be obtained or provided as follows:&nbsp;</span></p> <p><span class="cls0">_______________________________________________________________&nbsp;</span></p> <p><span class="cls0">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: ________________ _______________________________________________________________&nbsp;</span></p> <p><span class="cls0">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):&nbsp;</span></p> <p><span class="cls0">________________________ __________________________&nbsp;</span></p> <p class="cls15"><span class="cls0">&nbsp;&nbsp;Date&nbsp;&nbsp;&nbsp;&nbsp;(Signature of guardian or&nbsp;</span></p> <p class="cls15"><span class="cls0">&nbsp;&nbsp;&nbsp;&nbsp; limited guardian)&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 57, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 42, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303121. Disposition of financial resources under supervision and control of guardian or limited guardian Petition for restoration of capacity.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the essential requirements for the physical health or safety of the ward are met,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;the property rights of the ward are protected,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the financial resources of the ward which are subject to the guardianship are prudently managed, and&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 58, eff. Dec. 1, 1988. Amended by Laws 1989, c. 319, &sect; 4, eff. Nov. 1, 1989; Laws 1990, c. 323, &sect; 43, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303122. Proposed plan for management of financial resources of ward.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. Initial and subsequent guardianship plans for the management of the financial resources of the ward shall state:&nbsp;</span></p> <p><span class="cls0">1. The services which are necessary to manage the property of the ward placed under the control of the guardian or limited guardian;&nbsp;</span></p> <p><span class="cls0">2. The means for obtaining those services;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">C. Each such plan shall be substantially in the following form:&nbsp;</span></p> <p class="cls6"><span class="cls0">Plan for the Management&nbsp;</span></p> <p class="cls6"><span class="cls0">of the Property of the Ward&nbsp;</span></p> <p><span class="cls0">I, ______________________, the (petitioner, guardian or limited&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;(Name)&nbsp;</span></p> <p><span class="cls0">guardian) for___________________________________________________&nbsp;</span></p> <p class="cls2"><span class="cls0"> (Name and current place of abode)&nbsp;</span></p> <p><span class="cls0">hereby submit this (initial, annual or as ordered by the court) Guardianship Plan.&nbsp;</span></p> <p><span class="cls0">1. I believe the services necessary to manage the property of the ward which is subject to this Plan are as follows: ________________ _______________________________________________________________&nbsp;</span></p> <p><span class="cls0">2. Those services will be provided in the following manner: ____________________________________________________________ ____________________________________________________________&nbsp;</span></p> <p><span class="cls0">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: _______________________________________________________________ _______________________________________________________________&nbsp;</span></p> <p><span class="cls0">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: _______________________________________________________________ _______________________________________________________________&nbsp;</span></p> <p><span class="cls0">______________ ____________________________________&nbsp;</span></p> <p><span class="cls0">Date (Signature of guardian or limited guardian)&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 59, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 44, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303123. Sale or lease of homestead of incapacitated or partially incapacitated person.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 223, &sect; 1. Amended by Laws 1988, c. 329, &sect; 60, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 856 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-3-124. Sale or lease of real property by guardian - Approval - Joinder of spouse.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 223, &sect; 2. Amended by Laws 1988, c. 329, &sect; 61, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 857 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1994, c. 234, &sect; 5, eff. Sept. 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303125. Application Sections 60 and 61 cumulative.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1959, p. 223, &sect; 3. Amended by Laws 1988, c. 329, &sect; 62, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 858 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303126. Estates of incapacitated or partially incapacitated persons not exceeding $10,000.00 Disposition Discharge and release.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1967, c. 51, &sect; 2, emerg. eff. April 14, 1967. Amended by Laws 1988, c. 329, &sect; 63, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 898.2 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 45, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-3-201. Repealed by Laws 1989, c. 276, &sect; 17, eff. Nov. 1, 1989.&nbsp;</span></p> <p><span class="cls0">&sect;30-3-202. Repealed by Laws 1989, c. 276, &sect; 17, eff. Nov. 1, 1989.&nbsp;</span></p> <p><span class="cls0">&sect;30-3-203. Repealed by Laws 1989, c. 276, &sect; 17, eff. Nov. 1, 1989.&nbsp;</span></p> <p><span class="cls0">&sect;30-3-204. Repealed by Laws 1989, c. 276, &sect; 17, eff. Nov. 1, 1989.&nbsp;</span></p> <p><span class="cls0">&sect;30-3-205. Repealed by Laws 1989, c. 276, &sect; 17, eff. Nov. 1, 1989.&nbsp;</span></p> <p><span class="cls0">&sect;30-3-206. Repealed by Laws 1989, c. 276, &sect; 17, eff. Nov. 1, 1989.&nbsp;</span></p> <p><span class="cls0">&sect;30-3-207. Repealed by Laws 1989, c. 276, &sect; 17, eff. Nov. 1, 1989.&nbsp;</span></p> <p><span class="cls0">&sect;30-3-208. Repealed by Laws 1989, c. 276, &sect; 17, eff. Nov. 1, 1989.&nbsp;</span></p> <p><span class="cls0">&sect;30-3-209. Repealed by Laws 1989, c. 276, &sect; 17, eff. Nov. 1, 1989.&nbsp;</span></p> <p><span class="cls0">&sect;30-3-210. Repealed by Laws 1989, c. 276, &sect; 17, eff. Nov. 1, 1989.&nbsp;</span></p> <p><span class="cls0">&sect;303211. Petition for appointment of conservator by reason of physical disability Consent Notice and hearing.&nbsp;</span></p> <p><span class="cls0">When it is represented to the court upon verified petition of any person, any relative, or friend that:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. That such person is, by reason of physical disability only, unable to manage his property; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 276, &sect; 7, eff. Nov. 1, 1989. Amended by Laws 1990, c. 323, &sect; 46, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303212. Appointment of conservator Consent necessary.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 276, &sect; 8, eff. Nov. 1, 1989.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303213. Persons ineligible for appointment as conservator.&nbsp;</span></p> <p><span class="cls0">No person shall be appointed conservator of an estate who would be ineligible to act as guardian of the ward in such case.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 276, &sect; 9, eff. Nov. 1, 1989.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303214. Care, custody and management of estate Bond.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 276, &sect; 10, eff. Nov. 1, 1989. Amended by Laws 1990, c. 323, &sect; 47, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303215. Powers and duties of conservator Jurisdiction of court.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 276, &sect; 11, eff. Nov. 1, 1989. Amended by Laws 1990, c. 323, &sect; 48, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303216. Discharge of conservator Accounting.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 276, &sect; 12, eff. Nov. 1, 1989. Amended by Laws 1990, c. 323, &sect; 49, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303217. Compensation of conservator.&nbsp;</span></p> <p><span class="cls0">The conservator shall receive as compensation for his services the compensation provided by law for guardians.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 276, &sect; 13, eff. Nov. 1, 1989.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303218. Subsequent appointment of guardian of ward Effect on estate.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 276, &sect; 14, eff. Nov. 1, 1989.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303219. Limitation on right of ward to contract.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 276, &sect; 15, eff. Nov. 1, 1989.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;303220. Validation of prior conservatorships.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1989, c. 276, &sect; 16, eff. Nov. 1, 1989. Amended by Laws 1990, c. 323, &sect; 50, operative July 1, 1990; Laws 1992, c. 395, &sect; 2, eff. Sept. 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-3-301. Short title.&nbsp;</span></p> <p><span class="cls0">This act shall be known and may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act".&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 1, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-302. Definitions.&nbsp;</span></p> <p><span class="cls0">As used in the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act:&nbsp;</span></p> <p><span class="cls0">(1) &ldquo;Adult&rdquo; means an individual who has attained eighteen (18) years of age;&nbsp;</span></p> <p><span class="cls0">(2) &ldquo;Conservator&rdquo; means a person appointed by the court to administer the property of an adult;&nbsp;</span></p> <p><span class="cls0">(3) &ldquo;Guardian&rdquo; means a person appointed by the court to make decisions regarding the person of an adult;&nbsp;</span></p> <p><span class="cls0">(4) &ldquo;Guardianship order&rdquo; means an order appointing a guardian;&nbsp;</span></p> <p><span class="cls0">(5) &ldquo;Guardianship proceeding&rdquo; means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued;&nbsp;</span></p> <p><span class="cls0">(6) &ldquo;Incapacitated person&rdquo; means an adult for whom a guardian has been appointed;&nbsp;</span></p> <p><span class="cls0">(7) &ldquo;Party&rdquo; means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding;&nbsp;</span></p> <p><span class="cls0">(8) &ldquo;Person&rdquo;, except in the term incapacitated person or protected person, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;&nbsp;</span></p> <p><span class="cls0">(9) &ldquo;Protected person&rdquo; means an adult for whom a protective order has been issued;&nbsp;</span></p> <p><span class="cls0">(10) &ldquo;Protective order&rdquo; means an order appointing a conservator or other order related to management of an adult&rsquo;s property;&nbsp;</span></p> <p><span class="cls0">(11) &ldquo;Protective proceeding&rdquo; means a judicial proceeding in which a protective order is sought or has been issued;&nbsp;</span></p> <p><span class="cls0">(12) &ldquo;Record&rdquo; means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;&nbsp;</span></p> <p><span class="cls0">(13) &ldquo;Respondent&rdquo; means an adult for whom a protective order or the appointment of a guardian is sought; and&nbsp;</span></p> <p><span class="cls0">(14) &ldquo;State&rdquo; means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 2, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-303. Communication between courts.&nbsp;</span></p> <p><span class="cls0">(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this act. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this section, the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.&nbsp;</span></p> <p><span class="cls0">(b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 3, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-304. Requests between courts in guardianship or protective proceedings.&nbsp;</span></p> <p><span class="cls0">(a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:&nbsp;</span></p> <p><span class="cls0">(1) Hold an evidentiary hearing;&nbsp;</span></p> <p><span class="cls0">(2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;&nbsp;</span></p> <p><span class="cls0">(3) Order that an evaluation or assessment be made of the respondent;&nbsp;</span></p> <p><span class="cls0">(4) Order any appropriate investigation of a person involved in a proceeding;&nbsp;</span></p> <p><span class="cls0">(5) Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (1) of this subsection or any other proceeding, any evidence otherwise produced under paragraph (2) of this subsection, and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4) of this subsection; &nbsp;</span></p> <p><span class="cls0">(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person;&nbsp;</span></p> <p><span class="cls0">(7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. Section 164.504, as amended.&nbsp;</span></p> <p><span class="cls0">(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a) of this section, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 4, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-305. Testimony of a witness located in another state.&nbsp;</span></p> <p><span class="cls0">(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.&nbsp;</span></p> <p><span class="cls0">(b) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.&nbsp;</span></p> <p><span class="cls0">(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 5, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-306. Definitions - Applicability.&nbsp;</span></p> <p><span class="cls0">(a) In this article:&nbsp;</span></p> <p><span class="cls0">(1) &ldquo;Emergency&rdquo; means a circumstance that likely will result in substantial harm to a respondent&rsquo;s health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent&rsquo;s behalf;&nbsp;</span></p> <p><span class="cls0">(2) &ldquo;Home state&rdquo; means the state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months ending within the six (6) months prior to the filing of the petition; and&nbsp;</span></p> <p><span class="cls0">(3) &ldquo;Significant-connection state&rdquo; means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.&nbsp;</span></p> <p><span class="cls0">(b) In determining under Section 8 and subsection (e) of Section 15 of this act whether a respondent has a significant connection with a particular state, the court shall consider:&nbsp;</span></p> <p><span class="cls0">(1) The location of the respondent&rsquo;s family and other persons required to be notified of the guardianship or protective proceeding;&nbsp;</span></p> <p><span class="cls0">(2) The length of time the respondent at any time was physically present in the state and the duration of any absence;&nbsp;</span></p> <p><span class="cls0">(3) The location of the respondent&rsquo;s property; and&nbsp;</span></p> <p><span class="cls0">(4) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver license, social relationship, and receipt of services.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 6, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-307. Jurisdictional basis for appointing a guardian or issuing a protective order.&nbsp;</span></p> <p><span class="cls0">This article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 7, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-308. Jurisdictional requirements for appointing a guardian or issuing a protective order.&nbsp;</span></p> <p><span class="cls0">A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:&nbsp;</span></p> <p><span class="cls0">(1) This state is the respondent&rsquo;s home state;&nbsp;</span></p> <p><span class="cls0">(2) On the date the petition is filed, this state is a significant-connection state and:&nbsp;</span></p> <p class="cls2"><span class="cls0">(A)&nbsp;&nbsp;the respondent does not have a home state or a court of the respondent&rsquo;s home state has declined to exercise jurisdiction because this state is a more appropriate forum, or&nbsp;</span></p> <p class="cls2"><span class="cls0">(B)&nbsp;&nbsp;the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:&nbsp;</span></p> <p class="cls3"><span class="cls0">(i)&nbsp;&nbsp;a petition for an appointment or order is not filed in the respondent&rsquo;s home state,&nbsp;</span></p> <p class="cls3"><span class="cls0">(ii)&nbsp;&nbsp;an objection to the court&rsquo;s jurisdiction is not filed by a person required to be notified of the proceeding, and&nbsp;</span></p> <p class="cls3"><span class="cls0">(iii)&nbsp;&nbsp;the court in this state concludes that it is an appropriate forum under the factors set forth in Section 11 of this act;&nbsp;</span></p> <p><span class="cls0">(3) This state does not have jurisdiction under either paragraph (1) or (2) of this subsection, the respondent&rsquo;s home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or&nbsp;</span></p> <p><span class="cls0">(4) The requirements for special jurisdiction under Section 9 of this act are met.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 8, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-309. Special jurisdiction.&nbsp;</span></p> <p><span class="cls0">(a) A court of this state lacking jurisdiction under paragraphs (1) through (3) of Section 8 of this act has special jurisdiction to do any of the following:&nbsp;</span></p> <p><span class="cls0">(1) Appoint a guardian in an emergency for a term not to exceed ninety (90) days for a respondent who is physically present in this state;&nbsp;</span></p> <p><span class="cls0">(2) Issue a protective order with respect to real or tangible personal property located in this state;&nbsp;</span></p> <p><span class="cls0">(3) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to Section 15 of this act.&nbsp;</span></p> <p><span class="cls0">(b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent&rsquo;s home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 9, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-310. Continuing jurisdiction over proceeding.&nbsp;</span></p> <p><span class="cls0">Except as otherwise provided in Section 9 of this act, a court that has appointed a guardian or issued a protective order consistent with this act has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 10, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-311. Factors for declining jurisdiction.&nbsp;</span></p> <p><span class="cls0">(a) A court of this state having jurisdiction under Section 8 of this act to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.&nbsp;</span></p> <p><span class="cls0">(b) If a court of this state declines to exercise its jurisdiction under subsection (a) of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.&nbsp;</span></p> <p><span class="cls0">(c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:&nbsp;</span></p> <p><span class="cls0">(1) Any expressed preference of the respondent;&nbsp;</span></p> <p><span class="cls0">(2) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;&nbsp;</span></p> <p><span class="cls0">(3) The length of time the respondent was physically present in or was a legal resident of this or another state;&nbsp;</span></p> <p><span class="cls0">(4) The distance of the respondent from the court in each state;&nbsp;</span></p> <p><span class="cls0">(5) The financial circumstances of the respondent&rsquo;s estate;&nbsp;</span></p> <p><span class="cls0">(6) The nature and location of the evidence;&nbsp;</span></p> <p><span class="cls0">(7) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;&nbsp;</span></p> <p><span class="cls0">(8) The familiarity of the court of each state with the facts and issues in the proceeding; and&nbsp;</span></p> <p><span class="cls0">(9) If an appointment were made, the court&rsquo;s ability to monitor the conduct of the guardian or conservator.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 11, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-312. Jurisdiction acquired through unjustifiable conduct.&nbsp;</span></p> <p><span class="cls0">(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:&nbsp;</span></p> <p><span class="cls0">(1) Decline to exercise jurisdiction;&nbsp;</span></p> <p><span class="cls0">(2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent&rsquo;s property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or &nbsp;</span></p> <p><span class="cls0">(3) Continue to exercise jurisdiction after considering:&nbsp;</span></p> <p class="cls2"><span class="cls0">(A)&nbsp;&nbsp;the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court&rsquo;s jurisdiction;&nbsp;</span></p> <p class="cls2"><span class="cls0">(B)&nbsp;&nbsp;whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection (c) of Section 11 of this act; and&nbsp;</span></p> <p class="cls2"><span class="cls0">(C)&nbsp;&nbsp;whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of Section 8 of this act.&nbsp;</span></p> <p><span class="cls0">(b) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this act.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 12, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-313. Notice of petition in home state of respondent.&nbsp;</span></p> <p><span class="cls0">If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent&rsquo;s home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition shall be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent&rsquo;s home state. The notice shall be given in the same manner as notice is required to be given in this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 13, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-314. Rules for filing of petitions in multiple states.&nbsp;</span></p> <p><span class="cls0">Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under paragraph (1) or (2) of subsection (a) of Section 9 of this act, if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:&nbsp;</span></p> <p><span class="cls0">(1) If the court in this state has jurisdiction under Section 8 of this act, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to Section 8 of this act before the appointment or issuance of the order.&nbsp;</span></p> <p><span class="cls0">(2) If the court in this state does not have jurisdiction under Section 8 of this act, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 14, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-315. Transfer of guardianship or conservatorship - Notification of petition.&nbsp;</span></p> <p><span class="cls0">(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.&nbsp;</span></p> <p><span class="cls0">(b) Notice of a petition under subsection (a) of this section shall be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.&nbsp;</span></p> <p><span class="cls0">(c) On the court&rsquo;s own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a) of this section.&nbsp;</span></p> <p><span class="cls0">(d) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:&nbsp;</span></p> <p><span class="cls0">(1) The incapacitated person is physically present in or is reasonably expected to move permanently to the other state;&nbsp;</span></p> <p><span class="cls0">(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and&nbsp;</span></p> <p><span class="cls0">(3) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.&nbsp;</span></p> <p><span class="cls0">(e) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:&nbsp;</span></p> <p><span class="cls0">(1) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in subsection (b) of Section 6 of this act;&nbsp;</span></p> <p><span class="cls0">(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and&nbsp;</span></p> <p><span class="cls0">(3) Adequate arrangements will be made for management of the protected person&rsquo;s property.&nbsp;</span></p> <p><span class="cls0">(f) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:&nbsp;</span></p> <p><span class="cls0">(1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to Section 16 of this act; and&nbsp;</span></p> <p><span class="cls0">(2) The documents required to terminate a guardianship or conservatorship in this state.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 15, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-316. Confirmation of transfer of guardianship or conservatorship.&nbsp;</span></p> <p><span class="cls0">(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to Section 15 of this act, the guardian or conservator shall petition the court in this state to accept the guardianship or conservatorship. The petition shall include a certified copy of the other state&rsquo;s provisional order of transfer.&nbsp;</span></p> <p><span class="cls0">(b) Notice of a petition under subsection (a) of this section shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice shall be given in the same manner as notice is required to be given in this state.&nbsp;</span></p> <p><span class="cls0">(c) On the court&rsquo;s own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a) of this section.&nbsp;</span></p> <p><span class="cls0">(d) The court shall issue an order provisionally granting a petition filed under subsection (a) of this section unless:&nbsp;</span></p> <p><span class="cls0">(1) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or&nbsp;</span></p> <p><span class="cls0">(2) The guardian or conservator is ineligible for appointment in this state.&nbsp;</span></p> <p><span class="cls0">(e) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to Section 15 of this act transferring the proceeding to this state.&nbsp;</span></p> <p><span class="cls0">(f) Not later than ninety (90) days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.&nbsp;</span></p> <p><span class="cls0">(g) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person&rsquo;s incapacity and the appointment of the guardian or conservator.&nbsp;</span></p> <p><span class="cls0">(h) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under Section 3-101 of Title 30 of the Oklahoma Statutes if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 16, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-317. Registration of out-of-state guardianship order.&nbsp;</span></p> <p><span class="cls0">If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 17, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-318. Registration of out-of-state protective order.&nbsp;</span></p> <p><span class="cls0">If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 18, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-319. Use of authorized powers.&nbsp;</span></p> <p><span class="cls0">(a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.&nbsp;</span></p> <p><span class="cls0">(b) A court of this state may grant any relief available under this act and other law of this state to enforce a registered order.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 19, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-320. Applying and construing the act.&nbsp;</span></p> <p><span class="cls0">In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 20, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-321. Relation to Electronic Signatures in Global and National Commerce Act.&nbsp;</span></p> <p><span class="cls0">This act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 21, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-3-322. Application of act.&nbsp;</span></p> <p><span class="cls0">(a) This act applies to guardianship and protective proceedings begun on or after the effective date of this act.&nbsp;</span></p> <p><span class="cls0">(b) Articles 1, 3, and 4 and Sections 21 and 22 of this act apply to proceedings begun before the effective date of this act, regardless of whether a guardianship or protective order has been issued.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2010, c. 257, &sect; 22, eff. Nov. 1, 2010.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-4. Renumbered as &sect; 1-109 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;304101. Appointment as guardian of more than five wards prohibited Exceptions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1913, c. 172, p. 391, &sect; 1. Amended by Laws 1915, c. 203, &sect; 1; Laws 1953, p. 245, &sect; 66; Laws 1988, c. 329, &sect; 72, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 773 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 51, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304102. Violations Punishment.&nbsp;</span></p> <p><span class="cls0">Any person or official violating the provisions of Section 4101 of this title shall be guilty of a misdemeanor.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1913, c. 172, p. 391, &sect; 2. Amended by Laws 1953, p. 245, &sect; 67; Laws 1988, c. 329, &sect; 73, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 774 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 52, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304103. Disqualification by financial relations with judge of district court Removal of ineligible guardians Liability for continuing to act Removal of judge.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 192324, c. 84, p. 100, &sect; 1. Amended by Laws 1953, p. 248, &sect; 84; Laws 1988, c. 329, &sect; 74, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 881 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 53, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304104. Eligibility of nonresidents Foreign trust companies or institutions Domestic corporations or trust companies.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1927, c. 39, p. 60, &sect; 1. Amended by Laws 1933, c. 79, p. 144, &sect; 1; Laws 1953, p. 245, &sect; 68; Laws 1967, c. 53, &sect; 1, emerg. eff. April 14, 1967; Laws 1976, c. 133, &sect; 1; Laws 1977, c. 107, &sect; 1; Laws 1979, c. 258, &sect; 12; Laws 1986, c. 67, &sect; 1, eff. Nov. 1, 1986; Laws 1988, c. 329, &sect; 75, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 775 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 54, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-4-105. Inquiry into suitability of person proposed to serve as guardian.&nbsp;</span></p> <p><span class="cls0">A. In conducting an inquiry to determine whether a person is suitable to serve as a guardian, the court shall determine if:&nbsp;</span></p> <p><span class="cls0">1. The person proposed to serve as guardian is a minor or an incapacitated or partially incapacitated person;&nbsp;</span></p> <p><span class="cls0">2. The person proposed to serve as guardian and each adult member of the proposed guardian&rsquo;s household has a record of a criminal conviction, protective order, or pending criminal charge. When requested by the court, the petitioner shall present to the court an Oklahoma State Bureau of Investigation (OSBI) criminal background check for the proposed guardian and any adult household member evidencing no record of a criminal conviction in the OSBI criminal history repository based on the search criteria provided. The petitioner shall disclose the case name and status of any civil or criminal matter in state or federal court involving the proposed guardian or any adult household member of the proposed guardian;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">4. The person proposed to serve as guardian is under any financial obligation to the ward; or&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. No minor or incapacitated person shall be appointed guardian of an incapacitated or partially incapacitated person.&nbsp;</span></p> <p><span class="cls0">C. If the person proposed to serve has a criminal conviction, protective order, pending criminal charge, or other civil or criminal matter in state or federal court, the court shall make further inquiry into the nature of such conviction, order, charge or matter and the surrounding circumstances. The court shall appoint such person proposed to serve only upon determining that the facts underlying the circumstances do not give rise to a reasonable belief that the person proposed to serve will be unfaithful to or neglectful of the fiduciary and care responsibilities of the guardian, and that the appointment is in the best interest of the ward.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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 the person's 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.&nbsp;</span></p> <p><span class="cls0">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 the person's ward shall not, by itself, disqualify such person from appointment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 76, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 55, operative July 1, 1990; Laws 2007, c. 364, &sect; 2, emerg. eff. June 4, 2007.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-4-201. Guardian's bond.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">3. The provisions of this section shall not apply to cases subject to the Uniform Veterans Guardianship Act.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6532. Amended by Laws 1953, p. 245, &sect; 69; Laws 1963, c. 133, &sect; 1; Laws 1987, c. 164, &sect; 3, operative July 1, 1987; Laws 1988, c. 181, &sect; 3, eff. Nov. 1, 1988; Laws 1988, c. 329, &sect; 77, eff. Dec. 1, 1988. Renumbered from &sect; 776 of Title 58 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 56, operative July 1, 1990; Laws 1991, c. 18, &sect; 3, emerg. eff. March 29, 1991; Laws 1994, c. 234, &sect; 6, eff. Sept. 1, 1994; Laws 1998, c. 77, &sect; 1, eff. Nov. 1, 1998; Laws 2004, c. 181, &sect; 7, eff. Nov. 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304202. Request for security or bond Suspension of powers Order.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1987, c. 164, &sect; 5, operative July 1, 1987. Renumbered from Title 58, &sect; 776.2 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304203. Requirement of new bonds Discharge of sureties on old bond.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6580. Amended by Laws 1988, c. 329, &sect; 78, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 779 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304204. Preservation of bonds Breach of condition Actions on bonds.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6581. Amended by Laws 1953, p. 246, &sect; 71; Laws 1988, c. 329, &sect; 79, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 780 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304205. Limitation of action on bond Effect of disability.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6582. Amended by Laws 1988, c. 329, &sect; 80, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 781 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304301. Inventory and account of estate of ward Appraisal Waiver of inventory prohibited.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The court shall not waive any inventory of property of the ward which is required by this section.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6549. Amended by Laws 1953, p. 247, &sect; 82; Laws 1988, c. 329, &sect; 81, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 871 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 57, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-4-302. Repealed by Laws 1990, c. 323, &sect; 80, operative July 1, 1990.&nbsp;</span></p> <p><span class="cls0">&sect;304303. Settlement and allowance of accounts Reports to court Accounting informations Date certain for next annual report.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. 1. In addition, a guardian or limited guardian of the property shall:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;present accounts whenever the court requires that such report or accounts be presented, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. In addition to the reports required by subsections A and B of this section, a guardian or limited guardian shall submit a report:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. When the guardian or limited guardian resigns or is removed; and&nbsp;</span></p> <p><span class="cls0">4. When the guardianship is terminated.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. The court shall not waive the filing of any report for a period in excess of five (5) years.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6550. Amended by Laws 1988, c. 329, &sect; 83, eff. Dec. 1, 1988. Renumbered from &sect; 872 of Title 58 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 58, operative July 1, 1990; Laws 1992, c. 115, &sect; 2, eff. Sept. 1, 1992; Laws 2001, c. 322, &sect; 2, emerg. eff. June 1, 2001; Laws 2004, c. 181, &sect; 8, eff. Nov. 1, 2004.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304304. Account by one of joint guardians.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6551. Renumbered from Title 58, &sect; 873 by Laws 1988, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 59, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304305. Report on guardianship of person Requirements attachments.&nbsp;</span></p> <p><span class="cls0">A. A report on the guardianship of the person of an incapacitated or partially incapacitated person shall set forth:&nbsp;</span></p> <p><span class="cls0">1. The name and place of abode of the ward and the name and address of the guardian or limited guardian;&nbsp;</span></p> <p><span class="cls0">2. Any significant change in the capacity of the ward to meet the essential requirements for his physical health or safety;&nbsp;</span></p> <p><span class="cls0">3. The services being provided to the ward and the relationship of those services to the individual guardianship plan;&nbsp;</span></p> <p><span class="cls0">4. Any significant actions taken by the guardian or limited guardian or guardian during the reporting period;&nbsp;</span></p> <p><span class="cls0">5. Any significant problems relating to the guardianship which have arisen during the reporting period;&nbsp;</span></p> <p><span class="cls0">6. The reasons, if any, why the appointment should be continued; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. The report shall be substantially in the following form:&nbsp;</span></p> <p class="cls6"><span class="cls0">Report on the Guardianship of the Person&nbsp;</span></p> <p><span class="cls0">I, (Name) the (Guardian/Limited Guardian of the person)&nbsp;</span></p> <p><span class="cls0">for (Name) , an (incapacitated/partially incapacitated) person hereby submit this (annual, courtordered) Guardianship Report.&nbsp;</span></p> <p><span class="cls0">1. The present place of abode of the ward is:&nbsp;</span></p> <p><span class="cls0">_________________________________________________________&nbsp;</span></p> <p><span class="cls0">_________________________________________________________&nbsp;</span></p> <p><span class="cls0">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 _____________________________&nbsp;</span></p> <p><span class="cls0">3. My present street address and telephone number is:&nbsp;</span></p> <p><span class="cls0">________________________________________________________&nbsp;</span></p> <p><span class="cls0">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: ___________________________&nbsp;</span></p> <p><span class="cls0">The nature of my visits to the ward have been:&nbsp;</span></p> <p><span class="cls0">____________________________________________________________&nbsp;</span></p> <p><span class="cls0">5. The following services are currently being provided to the ward:&nbsp;</span></p> <p><span class="cls0">_____________________________________________________________&nbsp;</span></p> <p><span class="cls0">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: ___________________________________&nbsp;</span></p> <p><span class="cls0">7. The ward was last seen by a physician on: __________________ The purpose of the visit was: ____________________________&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">_______________________________________________________________&nbsp;</span></p> <p><span class="cls0">_______________________________________________________________&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">(If so,) I took the following actions:&nbsp;</span></p> <p><span class="cls0">_______________________________________________________________&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">_______________________________________________________________&nbsp;</span></p> <p><span class="cls0">11. It is my opinion that the guardianship (should, should not) be continued. (If so,) the basis for my belief is as follows: _______________________________________________________________&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">(If so,) the basis for my belief is as follows:&nbsp;</span></p> <p><span class="cls0">_______________________________________________________________&nbsp;</span></p> <p><span class="cls0">13. My opinion of the present care being provided to the ward is as follows:&nbsp;</span></p> <p><span class="cls0">_______________________________________________________________&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">_______________________________________________________________&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Date: _______ ____________________________________________&nbsp;</span></p> <p class="cls3"><span class="cls0"> (Signature of Guardian or Limited Guardian)&nbsp;</span></p> <p class="cls16"><span class="cls0">Telephone: _________________________&nbsp;</span></p> <p><span class="cls0">&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">D. Attached to the report shall be:&nbsp;</span></p> <p><span class="cls0">1. An accounting of any monies received by the guardian or limited guardian on behalf of the ward;&nbsp;</span></p> <p><span class="cls0">2. Any expenditures made by the limited guardian or guardian on behalf of the ward;&nbsp;</span></p> <p><span class="cls0">3. Any compensation requested by the guardian or limited guardian; and&nbsp;</span></p> <p><span class="cls0">4. Copies of any appropriate medical records, evaluations, or other similar documentation pertinent to the reporting period.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 84, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 60, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304306. Report on guardianship or limited guardianship of property Requirements Attachments Review of financial resources.&nbsp;</span></p> <p><span class="cls0">A. A report on the guardianship or limited guardianship of the property of a ward shall set forth:&nbsp;</span></p> <p><span class="cls0">1. The name and place of abode of the ward, and the name and address of the guardian or limited guardian;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. Any significant actions taken by the guardian or limited guardian during the reporting period;&nbsp;</span></p> <p><span class="cls0">4. Any significant problems relating to the guardianship which have arisen during the reporting period; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls6"><span class="cls0">Report on the Guardianship of Property&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">1. List any significant changes in the capacity of the ward to manage his or her financial resources:__________________________&nbsp;</span></p> <p><span class="cls0">________________________________________________________________&nbsp;</span></p> <p><span class="cls0">2. The services currently being provided to the ward are as follows:&nbsp;</span></p> <p><span class="cls0">_________________________________________________________&nbsp;</span></p> <p><span class="cls0">3. These services (are, are not) provided for in the current Guardianship Plan as approved by the court.&nbsp;</span></p> <p><span class="cls0">The reason these services are not shown in the current plan are as follows:_______________________________________________________&nbsp;</span></p> <p><span class="cls0">_______________________________________________________________&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">(If so:) These actions are as follows:&nbsp;</span></p> <p><span class="cls0">_______________________________________________________________&nbsp;</span></p> <p><span class="cls0">5. There (have, have not) been any significant problems relating to the guardianship since the last time I submitted a Guardianship Report.&nbsp;</span></p> <p><span class="cls0">(If so:) The problems are as follows:&nbsp;</span></p> <p><span class="cls0">_______________________________________________________________&nbsp;</span></p> <p><span class="cls0">6. In my opinion, the guardianship (should, should not) be continued. The reasons for my belief are as follows:&nbsp;</span></p> <p><span class="cls0">_______________________________________________________________&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">_______________________________________________________________&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">_________________ _______________________________________&nbsp;</span></p> <p><span class="cls0">(Date of Report) (Signature of Guardian or Limited Guardian)&nbsp;</span></p> <p><span class="cls0">C. If the ward is a minor, reports on the guardianship of the property shall be substantially in the following form:&nbsp;</span></p> <p><span class="cls0">I, (Name) the (Guardian or Limited Guardian of the property) of (Name) , a minor, hereby submit this (annual, courtordered) Report.&nbsp;</span></p> <p><span class="cls0">1. The services currently being provided to the ward are as follows:&nbsp;</span></p> <p><span class="cls0">_________________________________________________________&nbsp;</span></p> <p><span class="cls0">2. These services (are, are not) provided for in the current Guardianship Plan as approved by the court.&nbsp;</span></p> <p><span class="cls0">The reason these services are not shown in the current plan are as follows:_______________________________________________________&nbsp;</span></p> <p><span class="cls0">_______________________________________________________________&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">(If so:) These actions are as follows:&nbsp;</span></p> <p><span class="cls0">_______________________________________________________________&nbsp;</span></p> <p><span class="cls0">4. There (have, have not) been any significant problems relating to the guardianship since the last time I submitted a Guardianship Report.&nbsp;</span></p> <p><span class="cls0">(If so:) The problems are as follows:&nbsp;</span></p> <p><span class="cls0">_______________________________________________________________&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">_________________ _______________________________________&nbsp;</span></p> <p><span class="cls0">(Date of Report) (Signature of Guardian or Limited Guardian)&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">E. The report:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. May include any request for compensation for the guardian; and&nbsp;</span></p> <p><span class="cls0">4. May include any compensation request for the attorney for the ward.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 85, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 61, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;the persons entitled to notice pursuant to Section 2101 of this title for minors, or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;the attorney of the ward, if any.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">B. 1. After notice, the court may on its own motion hold a hearing on an annual report and shall hold a hearing:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;upon the filing of an objection to the annual report; or&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;when the court is considering issuing an order other than an order accepting the report and granting the relief requested.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">2. Such new bond shall be filed with the district court clerk within thirty (30) days following the date of the order; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">G. At any hearing held upon an annual report:&nbsp;</span></p> <p><span class="cls0">1. If required by the court, the guardian or limited guardian shall be present;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 86, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 62, operative July 1, 1990; Laws 1991, c. 18, &sect; 1, emerg. eff. March 29, 1991; Laws 1992, c. 274, &sect; 1, eff. Sept. 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Termination of the guardianship;&nbsp;</span></p> <p><span class="cls0">2. Removal of the guardian;&nbsp;</span></p> <p><span class="cls0">3. Resolution of a dispute pertaining to the guardianship plan;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">5. A review hearing.&nbsp;</span></p> <p><span class="cls0">B. Such application shall set forth:&nbsp;</span></p> <p><span class="cls0">1. The names and addresses of the individuals and entities entitled to notice;&nbsp;</span></p> <p><span class="cls0">2. The relief requested; and&nbsp;</span></p> <p><span class="cls0">3. The alleged facts and reasons supporting the request.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 87, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 63, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304401. Expenses and compensation of guardians.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. All compensation and reimbursements pursuant to this section shall be approved by the court prior to payment.&nbsp;</span></p> <p><span class="cls0">Added by Laws 192324, c. 84, p. 101, &sect; 4. Amended by Laws 1953, p. 248, &sect; 85; Laws 1965, c. 55, &sect; 1, emerg. eff. March 29, 1965; Laws 1988, c. 329, &sect; 88, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 884 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304402. Joint guardians Compensation.&nbsp;</span></p> <p><span class="cls0">Joint guardians shall not receive more compensation than a single guardian.&nbsp;</span></p> <p><span class="cls0">Added by Laws 192324, c. 84, p. 101, &sect; 6, emerg. eff. March 21, 1924. Renumbered from Title 58, &sect; 886 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304403. Compensation for attorneys, guardians ad litem and persons conducting evaluations.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;substantially impede the partially incapacitated or incapacitated person from meeting the essential requirements for his physical health or safety, and&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">2. If not otherwise compensated or reimbursed pursuant to the provisions of paragraph 1 of this subsection:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. All compensation and reimbursements pursuant to the provisions of this section shall be approved by the court prior to payment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 192324, c. 84, p. 101, &sect; 5. Amended by Laws 1988, c. 329, &sect; 89, eff. Dec. 1, 1988. Renumbered from &sect; 885 of Title 58 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 64, operative July 1, 1990; Laws 2000, c. 144, &sect; 1, emerg. eff. April 28, 2000.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-4-404. Costs - Appointment of guardian to authorize entry into armed forces &ndash; Performance of conditions.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">C. The clerk of the district court in which an application for a relative guardianship, defined as an application for the care and custody of a child to be transferred to an adult relative of the child within the third degree of consanguinity, is filed shall collect as court costs a fee of Fifty Dollars ($50.00). The court may waive the fee if, in the opinion of the court, it creates a financial hardship for the individual applying for a relative guardianship.&nbsp;</span></p> <p><span class="cls0">D. The performance of such conditions shall be a part of the duties of the guardian, for the faithful performance of which the guardian and the sureties on the guardian&rsquo;s bond are responsible.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1943, p. 131, &sect; 1, emerg. eff. March 22, 1943. Renumbered from &sect; 782 of Title 58 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 2001, c. 322, &sect; 3, emerg. eff. June 1, 2001; Laws 2010, c. 358, &sect; 8, emerg. eff. June 7, 2010.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304501. Appointment of more than one guardian Bond.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6584. Amended by Laws 1987, c. 164, &sect; 2, operative July 1, 1987; Laws 1988, c. 329, &sect; 90, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 772 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304502. Two or more guardians.&nbsp;</span></p> <p><span class="cls0">A. If there are two guardians who are residents of this state, the act of one alone shall be effectual:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. If a coguardian has given the other coguardian authority in writing to act for both.&nbsp;</span></p> <p><span class="cls0">B. If there are more than two guardians, the act of a majority of them is valid.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1953, p. 254, &sect; 1. Amended by Laws 1988, c. 329, &sect; 91, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 894 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304503. Death of joint guardian.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3336. Renumbered from &sect; 17 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304601. Guardian for nonresident ward Notice of hearing.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6570. Renumbered from Title 58, &sect; 861 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304602. Powers of nonresident's guardian same as in other cases.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6571. Amended by Laws 1953, p. 247, &sect; 81. Renumbered from Title 58, &sect; 862 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304603. First appointment is exclusive.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6573. Renumbered from Title 58, &sect; 771 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304604. Bond of guardian of nonresident.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6572. Amended by Laws 1963, c. 103, &sect; 2, emerg. eff. May 27, 1963. Renumbered from Title 58, &sect; 863 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304605. Removal of property.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6574. Renumbered from Title 58, &sect; 864 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304606. Application for removal Requirements.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. A transcript of the record of his appointment.&nbsp;</span></p> <p><span class="cls0">2. That he has entered upon the discharge of his duties.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6575. Renumbered by Title 58, &sect; 865 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 65, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304607. Order for removal discharges local guardian.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6576. Renumbered from Title 58, &sect; 866 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 66, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304701. Payment of debts.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6542. Amended by Laws 1988, c. 329, &sect; 92, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 803 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304702. Collection and settlement of accounts and appearance for ward in suits Compromise and settlement of claims.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6543. Amended by Laws 1953, p. 246, &sect; 72; Laws 1988, c. 329, &sect; 93, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 804 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304703. Discharge and release.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1967, c. 51, &sect; 3, emerg. eff. April 14, 1967. Amended by Laws 1988, c. 329, &sect; 94, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 898.3 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 67, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304704. Service upon guardian Duty of guardian.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6568. Amended by Laws 1988, c. 329, &sect; 95, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 810 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304705. Management of estate Income applied for support of ward Sale of realty.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6544. Renumbered from Title 58, &sect; 805 by Laws 1988, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304706. Maintenance and support of ward Credit on settlement Payment of third person furnishing necessaries on guardian's refusal.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6545. Amended by Laws 1988, c. 329, &sect; 96, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 806 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304707. Execution of waivers or consents for wards.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1980, c. 310, &sect; 6, eff. Oct. 1, 1980. Amended by Laws 1988, c. 329, &sect; 97, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 859 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304708. Investment of money and proceeds of sales.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6569. Renumbered from Title 58, &sect; 811 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-4-709. Investment of monies belonging to estates - Purchase of homesteads for incapacitated or partially incapacitated persons.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Real estate and first mortgages upon real property which do not exceed fifty percent (50%) of the actual value of the property;&nbsp;</span></p> <p><span class="cls0">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;&nbsp;</span></p> <p><span class="cls0">3. State bonds;&nbsp;</span></p> <p><span class="cls0">4. Bonds of municipal corporations; &nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. That the incapacitated or partially incapacitated person is vitally in need of a home;&nbsp;</span></p> <p><span class="cls0">2. That the incapacitated or partially incapacitated person owns no suitable homestead;&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1923-24, c. 84, p. 100, &sect; 2. Amended by Laws 1955, p. 302, &sect; 1; Laws 1968, c. 15, &sect; 2, emerg. eff. Feb. 19, 1968; Laws 1975, c. 166, &sect; 1, emerg. eff. May 20, 1975; Laws 1985, c. 267, &sect; 1, eff. Nov. 1, 1985; Laws 1988, c. 329, &sect; 98, eff. Dec. 1, 1988. Renumbered from &sect; 882 of Title 58 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1995, c. 351, &sect; 18, eff. Nov. 1, 1995; Laws 1996, c. 293, &sect; 3, eff. Nov. 1, 1996; Laws 1999, c. 47, &sect; 1, eff. Nov. 1, 1999.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">NOTE: Laws 1985, c. 199, &sect; 2 repealed by Laws 1988, c. 329, &sect; 136, eff. Dec. 1, 1988.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;304751. Income insufficient for maintenance Sale of property necessary.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6553. Amended by Laws 1988, c. 329, &sect; 99, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 821 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304752. Sale of property for investment.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6554. Amended by Laws 1988, c. 329, &sect; 100, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 822 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304753. Proceeds of sale Investment Maintenance of ward and family.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6555. Amended by Laws 1988, c. 329, &sect; 101, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 823 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 68, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304754. Petition for sale Verification.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6557. Amended by Laws 1988, c. 329, &sect; 102, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 825 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304755. Hearing, notice and order.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6558. Amended by Laws 1953, p. 246, &sect; 74; Laws 1988, c. 329, &sect; 103, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 826 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 69, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304756. Mailing or publication of order Waiver of notice.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6559. Amended by Laws 1927, c. 83, p. 127, &sect; 1; Laws 1953, p. 246, &sect; 75; Laws 1969, c. 302, &sect; 28, eff. Jan. 1, 1970; Laws 1988, c. 329, &sect; 104, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 827 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1992, c. 395, &sect; 3, eff. Sept. 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304757. Hearing upon order Protests.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6560. Amended by Laws 1988, c. 329, &sect; 105, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 828 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304758. Partition of real estate Assent to Approval of court.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6546. Renumbered from Title 58, &sect; 807 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304759. Sale of oil, gas, mining leases.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6547. Amended by Laws 1953, p. 246, &sect; 73; Laws 1955, p. 301, &sect; 1; Laws 1988, c. 329, &sect; 106, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 808 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304760. Testimony Witnesses Attendance and examination of.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6561. Amended by Laws 1988, c. 329, &sect; 107, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 829 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304761. Costs awarded prevailing party on hearing of objections to order.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6562. Amended by Laws 1953, p. 247, &sect; 76; Laws 1988, c. 329, &sect; 108, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 830 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304762. Order for sale Public or private sale.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6563. Amended by Laws 1988, c. 329, &sect; 109, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 831 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304763. Sale bond by guardian.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">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&nbsp;</span></p> <p><span class="cls0">2. The guardian of the ward is either a parent, spouse, brother, sister, grandparent, child or grandchild of the ward.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6564. Amended by Laws 1953, p. 247, &sect; 77; Laws 1963, c. 147, &sect; 1; Laws 1987, c. 164, &sect; 7, operative July 1, 1987; Laws 1988, c. 329, &sect; 110, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 832 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1989, c. 270, &sect; 3, eff. Nov. 1, 1989; Laws 1990, c. 323, &sect; 70, operative July 1, 1990; Laws 1994, c. 234, &sect; 7, eff. Sept. 1, 1994.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304764. Sales governed by same law as in estates of decedents.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6565. Amended by Laws 1953, p. 247, &sect; 78; Laws 1961, p. 441, &sect; 1; Laws 1988, c. 329, &sect; 111, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 833 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 71, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304765. Order in force for one year only.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6566. Amended by Laws 1953, p. 247, &sect; 79; Laws 1988, c. 329, &sect; 112, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 834 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 72, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304766. Terms of sale Security.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6567. Amended by Laws 1975, c. 11, &sect; 1, eff. Oct. 1, 1975; Laws 1988, c. 329, &sect; 113, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 835 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304767. Limitation of action for recovery of estate sold Disability and removal thereof.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6583. Amended by Laws 1988, c. 329, &sect; 114, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 836 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304768. Exchange of property held by ward or wards in common Notice.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1971, c. 300, &sect; 1, emerg. eff. June 24, 1971. Amended by Laws 1988, c. 329, &sect; 115, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 837 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 73, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304769. Sale of perishable property Report Good faith determination of perishability.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 116, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 74, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304770. Former leases legalized.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6548. Amended by Laws 1988, c. 329, &sect; 117, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 809 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304801. Removal of guardians.&nbsp;</span></p> <p><span class="cls0">A guardian may be removed by the district court for any of the following causes:&nbsp;</span></p> <p><span class="cls0">1. For abuse of his fiduciary responsibility.&nbsp;</span></p> <p><span class="cls0">2. For continued failure to perform his duties.&nbsp;</span></p> <p><span class="cls0">3. For incapacity to perform his duties.&nbsp;</span></p> <p><span class="cls0">4. For gross immorality.&nbsp;</span></p> <p><span class="cls0">5. For having an interest adverse to the faithful performance of his duties.&nbsp;</span></p> <p><span class="cls0">6. If the instrument in which the person was nominated as guardian is judicially determined to be invalid.&nbsp;</span></p> <p><span class="cls0">7. In the case of guardian of the property, for insolvency.&nbsp;</span></p> <p><span class="cls0">8. When it is no longer proper that the ward should be under guardianship.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3337. Amended by Laws 1988, c. 329, &sect; 118, eff. Dec. 1, 1988. Renumbered from &sect; 18 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304802. Suspension of power of guardian Marriage of incapacitated or partially incapacitated person.&nbsp;</span></p> <p><span class="cls0">A. The power of a guardian is suspended only:&nbsp;</span></p> <p><span class="cls0">1. By order of the court;&nbsp;</span></p> <p><span class="cls0">2. If the appointment was made solely because of the ward's minority, by his obtaining majority; or&nbsp;</span></p> <p><span class="cls0">3. The guardianship over the person only of a minor ward, by the marriage of the ward.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The guardianship should be terminated;&nbsp;</span></p> <p><span class="cls0">2. A successor guardian should be appointed;&nbsp;</span></p> <p><span class="cls0">3. The limitations on the ward, or the powers and duties of the guardian; or&nbsp;</span></p> <p><span class="cls0">4. The guardianship should be continued unchanged.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 3339. Amended by Laws 1988, c. 329, &sect; 119, eff. Dec. 1, 1988. Renumbered from &sect; 20 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 75, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304803. Termination of authority and responsibility of guardian Removal Resignation Final account - Notice and hearing.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">4. Upon approval of the final account, the guardian or conservator and his sureties, if any, shall be discharged.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6578. Amended by Laws 1953, p. 248, &sect; 83; Laws 1988, c. 329, &sect; 120, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 875 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1992, c. 274, &sect; 2, eff. Sept. 1, 1992.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304804. Termination of guardianship when unnecessary.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6579. Amended by Laws 1988, c. 329, &sect; 121, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 876 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304805. Distribution of personal property of intestate ward.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1961, p. 441, &sect; 1. Amended by Laws 1969, c. 121, &sect; 1, emerg. eff. April 3, 1969; Laws 1988, c. 329, &sect; 122, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 895 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 76, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304901. Civil liability of guardians or petitioners Damages.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1988, c. 329, &sect; 123, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 77, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;304902. Citation for concealment or embezzlement.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">R.L. 1910, &sect; 6577. Amended by Laws 1988, c. 329, &sect; 124, eff. Dec. 1, 1988. Renumbered from Title 58, &sect; 892 by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, &sect; 78, operative July 1, 1990.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-4-903. Reporting of abuse, neglect or exploitation - Violation and penalty - Civil liability.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 1998, c. 298, &sect; 2, eff. Nov. 1, 1998.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-4-904. Concealment or removal from jurisdiction of certain persons.&nbsp;</span></p> <p><span class="cls0">Any individual who maliciously, forcibly or fraudulently takes or entices away any incapacitated or partially incapacitated person, or any other person over the age of sixteen (16) for whom a guardian has been appointed, with intent to detain and conceal such person from his or her guardian or who transports such person from the jurisdiction of this state or the United States without consent of the guardian or the court shall, upon conviction, be guilty of a felony punishable by imprisonment not to exceed ten (10) years.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2008, c. 176, &sect; 1, eff. Nov. 1, 2008.&nbsp;</span></p> <p>&nbsp;</p> <p><span class="cls0">&sect;30-5. Renumbered as &sect; 1-110 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;30-5-101. Repealed by Laws 1993, c. 155, &sect; 4, eff. July 1, 1993.&nbsp;</span></p> <p><span class="cls0">&sect;30-6. Renumbered as &sect; 2-102 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;30-6-101. Short title &ndash; Purpose &ndash; Office of Public Guardian &ndash; Powers and duties.&nbsp;</span></p> <p><span class="cls0">A. 1. This section and Section 4 of this act shall be known and may be cited as the &ldquo;Oklahoma Public Guardianship Act&rdquo;.&nbsp;</span></p> <p><span class="cls0">2. The purpose of the Oklahoma Public Guardianship Act is to, within the budgetary limits specified by the Oklahoma Public Guardianship Act:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;furnish guardianship services, and information regarding less restrictive alternatives, to all Oklahomans who need them,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;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&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;provide assistance to courts, attorneys, and proposed guardians or limited guardians in the handling of guardianship proceedings.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">2. Upon promulgation of rules by the Commission, the provisions of this section shall become effective statewide.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. Be a source of information and assistance on guardianship and alternatives for the public needing public guardianship services;&nbsp;</span></p> <p><span class="cls0">2. Establish and maintain relationships with governmental, public, and private agencies, institutions, and organizations to assure the most effective guardianship program for each ward;&nbsp;</span></p> <p><span class="cls0">3. Have, at a minimum, phone contact with each ward, if capable, every two (2) weeks;&nbsp;</span></p> <p><span class="cls0">4. Visit each ward at least three times every quarter, with one visit being unannounced;&nbsp;</span></p> <p><span class="cls0">5. Keep and maintain the following records on all cases in which the public guardian provides guardianship services:&nbsp;</span></p> <p class="cls2"><span class="cls0">a.&nbsp;&nbsp;itemized financial records,&nbsp;</span></p> <p class="cls2"><span class="cls0">b.&nbsp;&nbsp;health care,&nbsp;</span></p> <p class="cls2"><span class="cls0">c.&nbsp;&nbsp;rehabilitation,&nbsp;</span></p> <p class="cls2"><span class="cls0">d.&nbsp;&nbsp;education, and&nbsp;</span></p> <p class="cls2"><span class="cls0">e.&nbsp;&nbsp;vocation;&nbsp;</span></p> <p><span class="cls0">6. Provide information and referrals to the public regarding guardianship proceedings, but not information that would identify a particular case;&nbsp;</span></p> <p><span class="cls0">7. Foster the increased independence of the ward, to include termination of the guardianship when appropriate; and&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">D. The Office of Public Guardian may:&nbsp;</span></p> <p><span class="cls0">1. Contract for services necessary to carry out the duties of the Office; and&nbsp;</span></p> <p><span class="cls0">2. Accept the services of volunteer workers or consultants and reimburse them for their necessary expenses.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. An appointed guardian is not fulfilling his or her duties;&nbsp;</span></p> <p><span class="cls0">2. The estate is subject to waste as a result of the costs of the guardianship;&nbsp;</span></p> <p><span class="cls0">3. A willing and qualified guardian is not available; or&nbsp;</span></p> <p><span class="cls0">4. The best interests of the ward or the person who is the subject of a guardianship proceeding require the intervention.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 310, &sect; 3, emerg. eff. June 1, 2001.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-6-102. Public guardianship pilot program &ndash; Evaluating board.&nbsp;</span></p> <p><span class="cls0">A. Subject to the availability of funds, the Department of Human Services shall establish a public guardianship pilot program.&nbsp;</span></p> <p><span class="cls0">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.&nbsp;</span></p> <p><span class="cls0">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:&nbsp;</span></p> <p><span class="cls0">1. The feasibility of statewide expansion of the program;&nbsp;</span></p> <p><span class="cls0">2. Staffing, particularly use of volunteers, training and liability issues;&nbsp;</span></p> <p><span class="cls0">3. Funding sources;&nbsp;</span></p> <p><span class="cls0">4. Eligibility standards;&nbsp;</span></p> <p><span class="cls0">5. Fee schedule;&nbsp;</span></p> <p><span class="cls0">6. Special-needs wards; and&nbsp;</span></p> <p><span class="cls0">7. Professional guardians.&nbsp;</span></p> <p><span class="cls0">D. The evaluating board shall consist of not more than two appointees from each of the following officials and agencies:&nbsp;</span></p> <p><span class="cls0">1. Governor;&nbsp;</span></p> <p><span class="cls0">2. Speaker of the House of Representatives;&nbsp;</span></p> <p><span class="cls0">3. President Pro Tempore of the Senate;&nbsp;</span></p> <p><span class="cls0">4. Office of the Attorney General;&nbsp;</span></p> <p><span class="cls0">5. Oklahoma Health Care Authority;&nbsp;</span></p> <p><span class="cls0">6. Developmental Disabilities Services Division of the Department of Human Services;&nbsp;</span></p> <p><span class="cls0">7. Department of Mental Health and Substance Abuse Services;&nbsp;</span></p> <p><span class="cls0">8. Adult Protective Services;&nbsp;</span></p> <p><span class="cls0">9. A Legal Services Developer;&nbsp;</span></p> <p><span class="cls0">10. State Long-Term Care Ombudsman;&nbsp;</span></p> <p><span class="cls0">11. Legal Aid of Western Oklahoma;&nbsp;</span></p> <p><span class="cls0">12. Legal Services of Eastern Oklahoma;&nbsp;</span></p> <p><span class="cls0">13. Oklahoma Bar Association; and&nbsp;</span></p> <p><span class="cls0">14. Advocacy Partnership for Aging Oklahomans.&nbsp;</span></p> <p><span class="cls0">Added by Laws 2001, c. 310, &sect; 4, emerg. eff. June 1, 2001. Amended by Laws 2004, c. 106, &sect; 9, eff. April 1, 2005.&nbsp;</span></p> <p class="cls1">&nbsp;</p> <p><span class="cls0">&sect;30-7. Renumbered as &sect; 1-112 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;30-8. Renumbered as &sect; 1-113 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;30-9. Renumbered as &sect; 1-118 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;30-10. Renumbered as &sect; 1-114 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;30-11. Repealed by Laws 1983, c. 269, &sect; 4, operative July 1, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;30-12. Repealed by Laws 1983, c. 269, &sect; 4, operative July 1, 1983.&nbsp;</span></p> <p><span class="cls0">&sect;30-13. Repealed by Laws 1988, c. 329, &sect; 136, eff. Dec. 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;30-14. Renumbered as &sect; 1-119 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;30-15. Renumbered as &sect; 1-120 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;30-16. Renumbered as &sect; 1-121 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;30-17. Renumbered as &sect; 4-503 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;30-18. Renumbered as &sect; 4-801 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;30-19. Renumbered as &sect; 2-113 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;30-20. Renumbered as &sect; 4-802 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;30-21. Renumbered as &sect; 2-114 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p><span class="cls0">&sect;30-22. Renumbered as &sect; 2-115 of this title by Laws 1988, c. 329, &sect; 134, eff. Dec. 1, 1988.&nbsp;</span></p> <p>&nbsp;</p> </body> </html>

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