Okla. Stat. tit. 30, § 30-4-306 — OK Code / Title 30 / Section 30-4-306
Report on guardianship or limited guardianship of
Status: in_force

property - Requirements - Attachments - Review of financial

resources.

A. A report on the guardianship or limited guardianship of the

property of a ward shall set forth:

1. The name and place of abode of the ward, and the name and

address of the guardian or limited guardian;

2. If the ward is an incapacitated or partially incapacitated

person, significant changes in the capacity of the ward to manage

his financial resources and the services being provided to the ward

and the relationship of those services to the individual

guardianship plan for the management of financial resources;

3. Any significant actions taken by the guardian or limited

guardian during the reporting period;

4. Any significant problems relating to the guardianship which

have arisen during the reporting period; and

5. If the ward is an incapacitated or partially incapacitated

person, the reasons, if any, why the guardianship should not be

terminated, or why no less restrictive alternative would permit the

ward to manage his financial resources.

B. If the ward is an incapacitated or partially incapacitated

person, reports on the guardianship of the property shall be

substantially in the following form:

Report on the Guardianship of Property

I, (Name) the (Guardian or Limited Guardian of the

property) of (Name) , an incapacitated (or a partially

incapacitated) person, hereby submit this (annual, court-ordered)

Report.

1. List any significant changes in the capacity of the ward to

manage his or her financial resources:__________________________

________________________________________________________________

Oklahoma Statutes - Title 30. Guardian and Ward Page 85

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

follows:

_________________________________________________________

3. These services (are, are not) provided for in the current

Guardianship Plan as approved by the court.

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

follows:_______________________________________________________

_______________________________________________________________

4. I (have, have not) taken any significant actions for or on

behalf of the ward since the last time I submitted a Guardianship

Report.

(If so:) These actions are as follows:

_______________________________________________________________

5. There (have, have not) been any significant problems relating to

the guardianship since the last time I submitted a Guardianship

Report.

(If so:) The problems are as follows:

_______________________________________________________________

6. In my opinion, the guardianship (should, should not) be

continued. The reasons for my belief are as follows:

_______________________________________________________________

7. It is my belief that the ward (would, would not) be able to

manage his or her financial resources with fewer restrictions on the

ward's ability to act for him or herself. The reasons for my belief

are as follows:

_______________________________________________________________

I hereby swear that the answers set forth above are true and correct

to the best knowledge and belief of the undersigned, subject to the

penalties of making a false affidavit or declaration.

_________________ _______________________________________

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

C. If the ward is a minor, reports on the guardianship of the

property shall be substantially in the following form:

I, (Name) the (Guardian or Limited Guardian of the

property) of (Name) , a minor, hereby submit this (annual,

court-ordered) Report.

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

follows:

_________________________________________________________

2. These services (are, are not) provided for in the current

Guardianship Plan as approved by the court.

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

follows:_______________________________________________________

_______________________________________________________________

3. I (have, have not) taken any significant actions for or on

behalf of the ward since the last time I submitted a Guardianship

Report.

Oklahoma Statutes - Title 30. Guardian and Ward Page 86

(If so:) These actions are as follows:

_______________________________________________________________

4. There (have, have not) been any significant problems relating to

the guardianship since the last time I submitted a Guardianship

Report.

(If so:) The problems are as follows:

_______________________________________________________________

I hereby swear that the answers set forth above are true and correct

to the best knowledge and belief of the undersigned, subject to the

penalties of making a false affidavit or declaration.

_________________ _______________________________________

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

D. Whenever there are changes or proposed changes to the

guardianship plan, an individual guardianship plan for the

management of financial resources, substantially in the same form as

provided in Section 3-122 of this title, shall be submitted with the

guardianship report and shall show any such changes or proposed

changes in the guardianship plan since last submitted and approved

by the court.

E. The report:

1. Shall contain a complete financial statement of the

financial resources of the ward under the control or supervision of

the guardian or limited guardian of the property;

2. Shall contain an accounting of any receipts and

disbursements received, or expenditures made by the guardian or

limited guardian on behalf of the ward;

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

and

4. May include any compensation request for the attorney for

the ward.

F. As directed by the court, following submission of a report

or in conjunction with an initial or annual review or any subsequent

proceeding, a guardian or limited guardian shall submit to an actual

review of the financial resources placed under his control.
Okla. Stat. tit. 30, § 30-4-753 — OK Code / Title 30 / Section 30-4-753
Proceeds of sale - Investment - Maintenance of ward and
Status: in_force

family.

If the property is sold for the purposes mentioned in Sections

4-751 and 4-752 of this title, the guardian must apply the proceeds

of the sale to such purposes, as far as necessary, and put out the

residue, if any, on interest, or invest it in the best manner in his

power as provided in the Oklahoma Guardianship and Conservatorship

Act, until the capital is needed for the maintenance of the ward and

his family, or the education of his children, or for the education

of the ward when a minor, in which case the capital may be used for

that purpose, as far as may be necessary, in like manner as if it

had been personal estate of the ward.

R.L. 1910, § 6555. Amended by Laws 1988, c. 329, § 101, eff. Dec.

1, 1988. Renumbered from Title 58, § 823 by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 68,

operative July 1, 1990.
Okla. Stat. tit. 30, § 30-3-120 — OK Code / Title 30 / Section 30-3-120
Proposed plan for care and treatment of ward
Status: in_force

A. If not filed with the petition or submitted to the court at

the time of the hearing, within ten (10) days after his appointment

the guardian or limited guardian of the person of an incapacitated

or partially incapacitated person shall file with the court, for its

approval, a proposed plan for the care and treatment of the ward and

shall submit subsequent or modified plans as required by this title.

Upon the application of the guardian or limited guardian, the court

may extend the time for filing the plan for not more than thirty

(30) days. The court may approve a plan acceptable to the court

without notice or hearing or may, as necessary, order the

modification of the plan at the initial review hearing.

B. 1. The proposed guardianship plan and any subsequent

guardianship plans for the care and treatment of the ward shall

state:

a. the services which are necessary to meet the essential

requirements for the physical health or safety of the

ward taking into account the contents and

recommendations of an evaluation report made with

respect to the ward, if any;

b. the means for obtaining those services;

c. the manner in which the guardian or limited guardian,

the ward, and the guardian of the property of the ward

or the conservator, or if an organization or another

person has been appointed to serve in that capacity,

will exercise and share decision-making authority; and

d. such other services necessary to assist in fulfilling

the needs of the ward, the terms of the most recent

dispositional order applying to such guardian or

limited guardian, and the duties of such guardian or

limited guardian.

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

Plan for the Care and Treatment of a Ward

I, _______________________, the (guardian, limited

(Name)

guardian) for___________________________________________________

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

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

Guardianship Plan for the care and treatment of said ward.

Oklahoma Statutes - Title 30. Guardian and Ward Page 56

1. I believe the services necessary for the physical health and

safety of the ward are: ___________________________

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

_______________________________________________________________

3. The guardian (or conservator) of the property (Name or indicate

as not applicable) of the ward, the ward, and I plan to cooperate

and share decision-making authority with regard to the ward within

the provisions of the dispositional order as follows:

________________

_______________________________________________________________

4. I believe the following services will assist in fulfilling the

needs of the ward, implementing the terms of the most recent

dispositional order applying to me as (guardian or limited

guardian):

________________________ __________________________

Date (Signature of guardian or

limited guardian)

C. If ordered by the court, the plan for the care and treatment

of the ward shall be prepared with the assistance of any person

designated by the court to provide such assistance.
Okla. Stat. tit. 30, § 30-1-117 — OK Code / Title 30 / Section 30-1-117
Guardians ad litem - Power to appoint - Appointment
Status: in_force

A. Nothing contained in this title affects or impairs the power

of any court to appoint a guardian ad litem to defend the interests

of any minor interested in any suit or matter pending therein.

B. At any point in a guardianship proceeding, the subject of

the proceeding, his attorney, the guardian of the subject of the

proceeding or anyone interested in the welfare of the subject of the

proceeding may file an application to have a guardian ad litem

appointed by the court, or the court on its own motion may appoint a

guardian ad litem. If not precluded by a conflict of interest, a

guardian ad litem may be appointed to represent several persons or

interests.

R.L. 1910, § 6537. Amended by Laws 1953, p. 249, § 86; Laws 1988,

c. 329, § 17, eff. Dec. 1, 1988. Renumbered from Title 58, § 891 by
Okla. Stat. tit. 30, § 30-3-121 — OK Code / Title 30 / Section 30-3-121
Disposition of financial resources under supervision and
Status: in_force

control of guardian or limited guardian - Petition for restoration

of capacity.

A. A guardian of the property must keep safe the property of

his ward and shall act as a fiduciary as provided by Section 1-121

of this title.

Subject to the order and the guardianship plan for the

management of the financial resources of the ward, a guardian or

limited guardian of the property of the ward:

1. Shall expend or distribute, authorize the expenditure or

distribution of, and assist in the expenditure or distribution of,

the principal of or income from the financial resources placed under

his supervision and control to assure that:

a. the essential requirements for the physical health or

safety of the ward are met,

b. the property rights of the ward are protected,

c. the financial resources of the ward which are subject

to the guardianship are prudently managed, and

d. the guardian or limited guardian of the person of the

ward, if any, or if other than the guardian or limited

guardian of the property, is able to perform the

duties and powers assigned by the court;

2. May expend funds of the estate for the support of persons

legally dependent on the ward and others who are members of the

Oklahoma Statutes - Title 30. Guardian and Ward Page 57

ward's household who are unable to support themselves, and who are

in need of support;

3. May, subject to prior specific approval by the court, make

gifts to charity, persons, which may include the guardian or limited

guardian, or both such charity and persons, as the ward might have

been expected to make, based upon an established pattern of giving

made by the ward prior to the appointment of a guardian or limited

guardian or if the court finds it is in the best interest of the

subject of the proceeding on the basis of tax or estate planning.

The court may approve gifts of small amounts for holidays, birthdays

or similar occasions and shall specify in the order the maximum

amount which may be expended for such purpose and the person or

persons to whom such gifts can be made, which may include guardians

or limited guardians.

B. Limited guardians of property shall consider the size of the

financial resources of the ward which have not been placed under

their supervision or control.

C. If satisfied that the incapacity or partial incapacity of

the ward has ceased, the guardian or limited guardian of the

property shall file a petition requesting a determination on the

restoration to capacity of the ward and the termination of the

guardianship.
Okla. Stat. tit. 30, § 30-4-103 — OK Code / Title 30 / Section 30-4-103
Disqualification by financial relations with judge of
Status: in_force

district court - Removal of ineligible guardians - Liability for

continuing to act - Removal of judge.

No natural person shall be eligible to act as guardian of an

estate under the jurisdiction of any judge of the district court, if

said judge of the district court is under any financial obligation

whatsoever to such person. If any judge of the district court,

while holding the office of judge of the district court, becomes

pecuniarily liable to any guardian of any minor or incapacitated or

partially incapacitated person, such liability shall operate to

disqualify such guardian. It is hereby made the duty of the judge

of the district court to enter on the court docket such

disqualifying conditions. The disqualification shall also apply if

such person, except a parent who is guardian of his or her own child

or children has rendered financial aid to said judge, in securing

his nomination and election to the office of judge of the district

court, or his appointment as judge of the district court. Persons

who have heretofore been appointed guardians, who are not eligible

to act under this section shall be by the judge of the district

court removed and successors appointed, as provided by law. If any

person not eligible to act under this section continues to act as

guardian, after such ineligibility has been legally determined, such

person and the surety upon his bond shall be liable to the estate of

the minor or incapacitated or partially incapacitated person for all

money unlawfully paid by such ineligible guardian out of the estate

of such minor or incapacitated or partially incapacitated person,

and if a judge of the district court knowingly permits an ineligible

person to act, he shall be removed from office.
Okla. Stat. tit. 30, § 30-4-767 — OK Code / Title 30 / Section 30-4-767
Limitation of action for recovery of estate sold -
Status: in_force

Disability and removal thereof.

No action for the recovery of any estate sold by a guardian can

be maintained by the ward, or by any person claiming under him,

unless it is commenced within three (3) years immediately following

the termination of the guardianship or, when a legal disability to

sue exists by reason of minority or otherwise, at the time when the

cause of action accrues, within three (3) years immediately

following the removal of such disability.

R.L. 1910, § 6583. Amended by Laws 1988, c. 329, § 114, eff. Dec.

1, 1988. Renumbered from Title 58, § 836 by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-31 — OK Code / Title 30 / Section 30-31
Definitions — Court order for inpatient mental health
Status: in_force

treatment — Criteria.

A. As used in this act:

1. "General guardianship" means a relationship where a person

has been appointed by a court to serve as the guardian of an

incapacitated person to ensure that the essential requirements for

the health and safety of the person are met, to manage the estate or

financial resources of the person, or both;

2. "Gravely disabled" means a condition in which a person,

because of a mental illness, is unable to provide for his or her

basic personal needs for food, clothing, or shelter;

3. "Inpatient mental health treatment" means a treatment

service offered or provided for a continuous period of more than

twenty-four (24) hours in residence after admission to a mental

Oklahoma Statutes - Title 30. Guardian and Ward Page 122

health or substance abuse treatment facility for the purpose of

observation, evaluation, or treatment; and

4. "Ward" means a person over whom a guardian is appointed and

a person over whose property a guardian or conservator is appointed.

B. A guardian who has general guardianship and who has obtained

an order by a court for inpatient mental health treatment for the

ward may apply for an order requiring either municipal or county

officials to retrieve, only if in an unsheltered environment, and

deliver the gravely disabled ward to an inpatient treatment

facility, pursuant to Section 1-110 of Title 43A of the Oklahoma

Statutes, when one of the following criteria is met:

1. The ward is unable to utilize the means available to provide

for his or her basic personal needs regarding food, clothing, or

shelter. Considerations that shall be made when making this

evaluation shall include, but not be limited to, the following:

a. whether lab examinations reveal signs of malnutrition

or dehydration,

b. whether there is observed, documented behavior showing

an inability to consume adequate amounts of food or

water due to a mental illness,

c. whether there is a history of public nudity or

inadvertent exhibitionism which has been observed and

documented and is due to a mental illness,

d. the existence of physical evidence of exposure to the

environment due to mental illness symptoms which

prevent the ward from wearing adequate clothing,

e. whether there is observed behavior and symptoms of a

mental illness which prevent the ward from utilizing

or obtaining adequate shelter,

f. the existence of a repeated and recent history of

failure to maintain adequate shelter in the community

due to behaviors and symptoms of a mental illness, or

g. evidence of a failure to maintain a shelter in a

manner that is safe to live in, due to symptoms of a

mental illness;

2. The ward is unable to voluntarily request and receive

assistance for his or her basic personal needs; or

3. The ward is unable to survive safely without involuntary

detention and does not have the help of family members, friends, or

others to provide the ward's basic personal needs regarding food,

clothing, or shelter.

C. No person shall be presumed to be incompetent because the

person has been evaluated or treated for a mental illness,

regardless of whether such evaluation or treatment was voluntarily

or involuntarily received.
Okla. Stat. tit. 30, § 30-4-105 — OK Code / Title 30 / Section 30-4-105
Inquiry into suitability of person proposed to serve as
Status: in_force

guardian

A. In conducting an inquiry to determine whether a person is

suitable to serve as a guardian, the court shall determine if:

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

incapacitated or partially incapacitated person;

2. The person proposed to serve as guardian and each adult

member of the proposed guardian'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

Oklahoma Statutes - Title 30. Guardian and Ward Page 76

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;

3. The person proposed to serve as guardian is insolvent or has

declared bankruptcy during five (5) years prior to the filing of the

pleading proposing such person to serve as guardian;

4. The person proposed to serve as guardian is under any

financial obligation to the ward; or

5. There exists a conflict of interest which would preclude or

be substantially detrimental to the ability of the person to act in

the best interest of the subject of the proceeding if such person is

appointed.

B. No minor or incapacitated person shall be appointed guardian

of an incapacitated or partially incapacitated person.

C. If the person proposed to serve 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.

D. If the person proposed to serve as guardian or limited

guardian of the property of an incapacitated or partially

incapacitated person is insolvent or has declared bankruptcy within

five (5) years prior to the filing of the pleading proposing that

such person serve, the court shall appoint such person only after

giving due consideration to the nature and extent of the property of

the ward and the anticipated actions necessary to manage the estate

of the ward, and only upon a determination that such appointment is

in the best interest of the ward. Insolvency or bankruptcy shall

have no effect on the qualification of a person proposed to serve as

guardian or limited guardian of the person of an incapacitated or

partially incapacitated person.

E. If the person proposed to serve as guardian or limited

guardian of the property of an incapacitated or partially

incapacitated person is under any financial obligation to the ward,

the court shall make further inquiry into the nature and extent of

such obligation. The court shall appoint the person proposed to

serve only after a determination that such obligation will not

impair the ability of the person proposed to serve to discharge the

person's fiduciary responsibilities, and that the appointment is in

the best interest of the ward. Being under financial obligation to

Oklahoma Statutes - Title 30. Guardian and Ward Page 77

the ward shall have no effect on the qualification of a person

proposed to serve as guardian or limited guardian of the person of

an incapacitated or partially incapacitated person.

F. A current or potential conflict of interest which is not

substantial and not likely to preclude or impair the ability of a

person proposed to serve as a guardian acting in the best interest

of the person's ward shall not, by itself, disqualify such person

from appointment.

G. Only a person who is a citizen or legal resident of or

legally present in the United States of America shall be eligible to

be appointed guardian of the property or person of a minor or an

incapacitated or partially incapacitated person by the courts of

this state, unless the court determines that there are no such

qualified individuals available to serve as guardian and that it is

in the best interest of the minor or incapacitated or partially

incapacitated person to appoint a person without such

qualifications.
Okla. Stat. tit. 30, § 30-4-401 — OK Code / Title 30 / Section 30-4-401
Expenses and compensation of guardians
Status: in_force

A. Every guardian must be allowed the amount of his reasonable

expenses in the execution of his trust, and he must also have such

compensation for his services as the court in which his accounts are

settled deems just and reasonable.

B. To the extent that the services of a guardian or limited

guardian of the property are for the collection of income of the

ward, compensation for such services shall not exceed seven and one-

half percent (7 1/2%) of the income so collected. For the purposes

of this section, "income" means funds received by and accounted for

by the guardian or limited guardian on behalf of the ward, other

than from the sale of property of the ward, plus the net proceeds

from the sale of property of the ward in excess of the value of such

property as last determined in the guardianship proceeding.

C. All compensation and reimbursements pursuant to this section

shall be approved by the court prior to payment.
Okla. Stat. tit. 30, § 30-4-102 — OK Code / Title 30 / Section 30-4-102
Violations - Punishment
Status: in_force

Oklahoma Statutes - Title 30. Guardian and Ward Page 74

Any person or official violating the provisions of Section 4-101

of this title shall be guilty of a misdemeanor.
Okla. Stat. tit. 30, § 30-4 — OK Code / Title 30 / Section 30-4
Renumbered as § 1-109 of this title by Laws 1988, c. 329, §
Status: in_force

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-4-501 — OK Code / Title 30 / Section 30-4-501
Appointment of more than one guardian - Bond
Status: in_force

The court may appoint more than one guardian of any person or

property subject to guardianship. Such guardians shall be governed

and liable in all respects as a sole guardian. Such guardian shall

give bond in like manner and with like conditions as prescribed for

sole guardians unless waived.

R.L. 1910, § 6584. Amended by Laws 1987, c. 164, § 2, operative

July 1, 1987; Laws 1988, c. 329, § 90, eff. Dec. 1, 1988.

Renumbered from Title 58, § 772 by Laws 1988, c. 329, § 134, eff.

Dec. 1, 1988.

Oklahoma Statutes - Title 30. Guardian and Ward Page 94
Okla. Stat. tit. 30, § 30-4-759 — OK Code / Title 30 / Section 30-4-759
Sale of oil, gas, mining leases
Status: in_force

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.

Oklahoma Statutes - Title 30. Guardian and Ward Page 105

R.L. 1910, § 6547. Amended by Laws 1953, p. 246, § 73; Laws 1955,

p. 301, § 1; Laws 1988, c. 329, § 106, eff. Dec. 1, 1988.

Renumbered from Title 58, § 808 by Laws 1988, c. 329, § 134, eff.

Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-4-502 — OK Code / Title 30 / Section 30-4-502
Two or more guardians
Status: in_force

A. If there are two guardians, the act of one alone shall be

effectual:

1. If a coguardian is laboring under any legal disability from

serving, said coguardian in such case shall be relieved from

official liability; provided however, proper finding and valid order

of the district court having jurisdiction therein is first obtained;

or

2. If a coguardian has given the other coguardian authority in

writing to act for both.

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

of them is valid, however, any guardian may authorize his or her

coguardians to act on that guardian's behalf by giving the other

coguardian authority in writing to do so.
Okla. Stat. tit. 30, § 30-8 — OK Code / Title 30 / Section 30-8
Renumbered as § 1-113 of this title by Laws 1988, c. 329, §
Status: in_force

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-1-110 — OK Code / Title 30 / Section 30-1-110
Special guardian
Status: in_force

A special guardian may be appointed by the court pursuant to

Section 3-115 of this title.

R.L. 1910, § 3325. Amended by Laws 1988, c. 329, § 10, eff. Dec. 1,

1988. Renumbered from § 5 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 7,

operative July 1, 1990.
Okla. Stat. tit. 30, § 30-1-105 — OK Code / Title 30 / Section 30-1-105
Guardian defined
Status: in_force

A guardian is a person appointed by the court to take care of

the person or property of another.

R.L. 1910, § 3321. Amended by Laws 1988, c. 329, § 5, eff. Dec. 1,

1988. Renumbered from § 1 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-4-303 — OK Code / Title 30 / Section 30-4-303
Settlement and allowance of accounts - Reports to court
Status: in_force

- Accounting informations - Date certain for next annual report.

A. Except as otherwise provided by subsection B of this

section, a guardian or limited guardian of the property shall, upon

the expiration of a year from the time of appointment, and at least

annually thereafter, present accounts to the court for settlement

and allowance as part of the guardianship report as required by

Section 4-306 of this title.

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

property shall:

a. present accounts whenever the court requires that such

report or accounts be presented, and

b. with the annual report of accounts, report any changes

of property listed on the inventory required by

Section 4-301 of this title. The report shall state

the compensation requested by the guardian and for the

attorneys.

2. If there has been a significant change in the physical or

mental condition of the ward, or the ward's financial resources, the

details thereof shall be set forth in the annual report required by

subsection A of this section.

3. Except as otherwise directed by the court or required by the

Veterans Volunteer Guardianship Act, 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.

Oklahoma Statutes - Title 30. Guardian and Ward Page 81

C. In addition to the reports required by subsections A and B

of this section, a guardian or limited guardian shall submit a

report:

1. If the ward is an incapacitated or partially incapacitated

person, when there is a significant change in the capacity of the

ward to meet the essential requirements for the physical health or

safety of the ward or to manage the financial resources of the ward;

2. If the ward is a minor, any significant change in the

condition of the minor or in the condition of the estate of the

minor;

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

and

4. When the guardianship is terminated.

D. 1. Unless waived at the discretion of the court, a guardian

or limited guardian of the person of an incapacitated or partially

incapacitated person shall file a report on the guardianship of the

person pursuant to Section 4-305 of this title.

2. A guardian of the person of a minor ward shall not be

required to file annual reports of the guardianship of the person of

the ward unless ordered by the court.

3. A guardian or limited guardian of the property of a ward

shall file a report on the guardianship of the property pursuant to

Section 4-306 of this title.

E. The court shall not waive the filing of any report for a

period in excess of five (5) years.

F. If the same person or organization is required to file

reports as to both the person and the property of a ward, the

reports may be consolidated.

G. Any 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 any information of an estate of a

decedent. Such information shall also set forth any charges to the

property of the ward which have accrued since the previous

accounting or, in the case of an initial accounting, since the

filing of an inventory of the property of the ward placed under the

control of the guardian or limited guardian.

H. In addition to other specified information any order of the

court approving an annual guardianship plan and report shall include

the date certain by which the guardian shall file the next annual

report.

R.L. 1910, § 6550. Amended by Laws 1988, c. 329, § 83, eff. Dec. 1,

1988. Renumbered from § 872 of Title 58 by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 58,

operative July 1, 1990; Laws 1992, c. 115, § 2, eff. Sept. 1, 1992;
Okla. Stat. tit. 30, § 30-4-770 — OK Code / Title 30 / Section 30-4-770
Former leases legalized
Status: in_force

All such leases and grants of mineral oil and gas heretofore

made and confirmed by the court, in consideration of a royalty, part

or portion of the production thereof, are hereby legalized.

R.L. 1910, § 6548. Amended by Laws 1988, c. 329, § 117, eff. Dec.

1, 1988. Renumbered from Title 58, § 809 by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-3-307 — OK Code / Title 30 / Section 30-3-307
Jurisdictional basis for appointing a guardian or
Status: in_force

issuing a protective order.

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.
Okla. Stat. tit. 30, § 30-17 — OK Code / Title 30 / Section 30-17
Renumbered as § 4-503 of this title by Laws 1988, c. 329, §
Status: in_force

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-21 — OK Code / Title 30 / Section 30-21
Renumbered as § 2-114 of this title by Laws 1988, c. 329, §
Status: in_force

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-4-703 — OK Code / Title 30 / Section 30-4-703
Discharge and release
Status: in_force

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.
Okla. Stat. tit. 30, § 30-4-769 — OK Code / Title 30 / Section 30-4-769
Sale of perishable property - Report - Good faith
Status: in_force

determination of perishability.

A. Notwithstanding any other provision contained in the

Oklahoma Guardianship and Conservatorship Act, a guardian or limited

guardian of the property of a ward may sell, at public auction or

private sale, without obtaining prior court authorization for sale,

without filing a return of sale, and without obtaining court

confirmation of sale, any personal property of the ward which is

perishable, is otherwise likely to depreciate in value, or would

Oklahoma Statutes - Title 30. Guardian and Ward Page 108

cause the estate of the ward to incur loss or expense if kept.

Title to such property shall pass to the purchaser thereof without

approval of or confirmation by the court of such sale.

B. With respect to a limited guardian of the property, this

section shall apply only to property of the ward which is subject to

such limited guardian's control pursuant to a dispositional order.

C. Any sale of property made by a guardian or limited guardian

of the property of a ward pursuant to this section shall be reported

in the accounting next filed by such guardian or limited guardian

after the making of the sale. If the court determines the property

sold was not perishable or was not otherwise likely to depreciate in

value and would not have caused the estate of the ward to incur loss

or expense if kept, the guardian or limited guardian who made such

sale shall not be surcharged or otherwise held liable with respect

to such sale if he made a reasonable determination in good faith

that the property sold was perishable, was otherwise likely to

depreciate in value, or would have caused the estate of the ward to

incur loss or expense if kept.
Okla. Stat. tit. 30, § 30-4-602 — OK Code / Title 30 / Section 30-4-602
Powers of nonresident's guardian same as in other cases
Status: in_force

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.

Oklahoma Statutes - Title 30. Guardian and Ward Page 95

R.L. 1910, § 6571. Amended by Laws 1953, p. 247, § 81. Renumbered

from Title 58, § 862 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-4-202 — OK Code / Title 30 / Section 30-4-202
Request for security or bond - Suspension of powers -
Status: in_force

Order.

When a petition is presented praying that a guardian be required

to give further security, or to give bond where, by order of the

court no bond was originally required, and it is alleged on oath

that such is necessary to serve the best interest of the ward or his

estate, the judge may, by order, suspend his powers until the matter

can be heard and determined. If the judge determines a bond or

other security is in the best interests of the ward or his estate,

the judge shall order the same to be posted, and if it is not given

within a reasonable time, to be fixed by the judge, the guardian

shall be removed.
Okla. Stat. tit. 30, § 30-3-102.1 — OK Code / Title 30 / Section 30-3-102.1
Initiation of guardianship proceedings for minors at
Status: in_force

least 17 years and 6 months of age.

A. Any person interested in the welfare of a minor, where the

minor is at least seventeen (17) years and six (6) months of age and

believed to be an incapacitated person or partially incapacitated

person, may initiate guardianship proceedings, file a petition

pursuant to Section 3-101 of Title 30 of the Oklahoma Statutes and

request that any guardianship order take effect immediately on the

minor's eighteenth birthday.

B. The petitioner may provide with the petition a copy of the

results of an evaluation of the minor by a physician, psychologist

or other appropriate professional evaluation that meets the

requirements of subsection C of Section 3-101 of Title 30 of the

Oklahoma Statutes. If the evaluation was conducted within sixty

(60) days prior to the filing of the petition, the petitioner may

ask in the petition that the court accept this report in lieu of

ordering any additional evaluation pursuant to Section 3-108 of

Title 30 of the Oklahoma Statues, and the court may grant the

request.
Okla. Stat. tit. 30, § 30-2-112 — OK Code / Title 30 / Section 30-2-112
Interest of guardian
Status: in_force

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.
Okla. Stat. tit. 30, § 30-4-301 — OK Code / Title 30 / Section 30-4-301
Inventory and account of estate of ward - Appraisal -
Status: in_force

Waiver of inventory prohibited.

A. Every guardian or limited guardian of the property of a ward

shall file an inventory of the estate of his ward within two (2)

months after his appointment. The time to file an inventory may be

extended by the court for good cause shown. The court may, upon

application made for that purpose by any interested person, compel

the guardian or limited guardian of the property of a ward to render

a revised inventory or account to the court of the estate of his

ward. Each inventory and account returned or rendered must be sworn

to by the guardian or limited guardian.

B. The guardian shall state his opinion of the value of the

estate of the ward described in the first inventory. Such inventory

shall be filed with the district court clerk. Whenever any other

property of the estate of any ward is discovered, not included in

the inventory of the estate already returned, and whenever any other

property has been succeeded to or acquired by any ward, or for his

benefit, like proceedings must be had for the return thereof. If

requested by the ward, judge or any interested person, such property

Oklahoma Statutes - Title 30. Guardian and Ward Page 80

must be appraised by appraisers appointed, sworn and acting in the

manner provided for regulating the settlement of the estate of

decedents.

C. The court shall not waive any inventory of property of the

ward which is required by this section.

R.L. 1910, § 6549. Amended by Laws 1953, p. 247, § 82; Laws 1988,

c. 329, § 81, eff. Dec. 1, 1988. Renumbered from Title 58, § 871 by
Okla. Stat. tit. 30, § 30-2-109 — OK Code / Title 30 / Section 30-2-109
Conditions of appointment
Status: in_force

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.

B. An order providing for the transfer of the permanent care

and custody of a child:

1. Shall require that the placement be reviewed within one (1)

year after transfer and may require the person to whom custody is

Oklahoma Statutes - Title 30. Guardian and Ward Page 24

transferred to submit any records or reports the court deems

necessary for purposes of the review; and

2. Shall require periodic reviews by the court thereafter as

necessary to serve the best interests of the child.

R.L. 1910, § 6533. Amended by Laws 1988, c. 329, § 33, eff. Dec. 1,

1988. Renumbered from § 770 of Title 58 by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 20,

operative July 1, 1990; Laws 2010, c. 358, § 6, emerg. eff. June 7,

2010.
Okla. Stat. tit. 30, § 30-1-118 — OK Code / Title 30 / Section 30-1-118
Guardian of nonresident
Status: in_force

A guardian of the property, within this state, of a person not

residing therein, who is a minor, or an incapacitated or partially

incapacitated person, may be appointed by the court as provided by

this title.

R.L. 1910, § 3329. Amended by Laws 1988, c. 329, § 18, eff. Dec. 1,

1988. Renumbered from § 9 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 15,

operative July 1, 1990.
Okla. Stat. tit. 30, § 30-4-801 — OK Code / Title 30 / Section 30-4-801
Removal of guardians
Status: in_force

A guardian may be removed by the district court for any of the

following causes:

1. For abuse of his fiduciary responsibility.

2. For continued failure to perform his duties.

3. For incapacity to perform his duties.

4. For gross immorality.

5. For having an interest adverse to the faithful performance

of his duties.

6. If the instrument in which the person was nominated as

guardian is judicially determined to be invalid.

7. In the case of guardian of the property, for insolvency.

8. When it is no longer proper that the ward should be under

guardianship.

R.L. 1910, § 3337. Amended by Laws 1988, c. 329, § 118, eff. Dec.

1, 1988. Renumbered from § 18 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.

Oklahoma Statutes - Title 30. Guardian and Ward Page 109
Okla. Stat. tit. 30, § 30-3-112 — OK Code / Title 30 / Section 30-3-112
Appointment of guardians or limited guardians
Status: in_force

A. Whenever the court finds the subject of the proceeding to be

an incapacitated person the court shall appoint:

1. A general guardian of the person; and

2. As the court determines to be necessary and appropriate, a

guardian of the property of the ward.

B. Whenever the court finds the subject of the proceeding to be

a partially incapacitated person the court shall appoint, as

necessary and appropriate for said person:

1. A limited guardian of the person; or

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

person; or

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

guardian of the property of said person.

Oklahoma Statutes - Title 30. Guardian and Ward Page 48

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.
Okla. Stat. tit. 30, § 30-3-312 — OK Code / Title 30 / Section 30-3-312
Jurisdiction acquired through unjustifiable conduct
Status: in_force

(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:

(1) Decline to exercise jurisdiction;

(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’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

(3) Continue to exercise jurisdiction after considering:

(A) the extent to which the respondent and all persons

required to be notified of the proceedings have

acquiesced in the exercise of the court’s

jurisdiction;

(B) 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

(C) 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.

Oklahoma Statutes - Title 30. Guardian and Ward Page 69

(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.
Okla. Stat. tit. 30, § 30-4-606 — OK Code / Title 30 / Section 30-4-606
Application for removal - Requirements
Status: in_force

The application must be made upon ten (10) days' notice to the

resident personal representative or guardian, if there be such, and

upon such application the nonresident guardian must produce and file

a certificate, under the hand of the clerk, judge, surrogate or

other authorized officer, and the seal of the court from which his

appointment was derived, showing:

1. A transcript of the record of his appointment.

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

3. That he is entitled by the laws of the state, territory or

country of his appointment to the possession of the estate of the

ward; or must produce and file a certificate under the hand and seal

Oklahoma Statutes - Title 30. Guardian and Ward Page 96

of the clerk, judge, surrogate or other authorized officer of the

court having jurisdiction in the country of his residence, of the

estates of persons under guardianship, or of the highest court in

such state, territory or country, that by the laws of such country

the applicant is entitled to the custody of the estate of his ward

without the appointment of any court.

Upon such application, unless good cause to the contrary be

shown, the judge of the district court must make an order granting

to such guardian leave to take and remove the property of his ward

to the state, territory or place of his residence, which is

authority to him to sue for and receive the same in his own name,

for the use and benefit of his ward.

R.L. 1910, § 6575. Renumbered by Title 58, § 865 by Laws 1988, c.

329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 65,

operative July 1, 1990.
Okla. Stat. tit. 30, § 30-4-603 — OK Code / Title 30 / Section 30-4-603
First appointment is exclusive
Status: in_force

The guardianship which is first lawfully granted, of any person

residing without this state, extends to all the estate of the ward

within the same, and excludes the jurisdiction of the district court

of every other county.

R.L. 1910, § 6573. Renumbered from Title 58, § 771 by Laws 1988, c.

329, § 134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-1-109 — OK Code / Title 30 / Section 30-1-109
General guardian
Status: in_force

A. A general guardian is a guardian of the person or of all the

property of the ward within this state or of both such person and

property.

B. A limited guardian is a person authorized by the court to

exercise limited powers over the person of the ward, or over the

property of the ward within this state, or over both such person and

property.

R.L. 1910, § 3324. Amended by Laws 1988, c. 329, § 9, eff. Dec. 1,

1988. Renumbered from § 4 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 6,

operative July 1, 1990.
Okla. Stat. tit. 30, § 30-2-103 — OK Code / Title 30 / Section 30-2-103
Nomination and appointment of guardian - Age of minor
Status: in_force

A. If the minor is under the age of fourteen (14) years, the

court may name and appoint his guardian. If the minor has attained

the age of fourteen (14) years, the minor may nominate his own

guardian, who, if approved by the court, must be appointed

accordingly.

B. The court, in appointing a guardian for a minor, is to be

guided by Section 112.5 of Title 43 of the Oklahoma Statutes.

R.L. 1910, § 6523. Amended by Laws 1953, p. 244, § 65; Laws 1988,

c. 329, § 27, eff. Dec. 1, 1988. Renumbered from § 762 of Title 58

by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws

2009, c. 234, § 135, emerg. eff. May 21, 2009; Laws 2010, c. 358, §

5, emerg. eff. June 7, 2010.
Okla. Stat. tit. 30, § 30-7 — OK Code / Title 30 / Section 30-7
Renumbered as § 1-112 of this title by Laws 1988, c. 329, §
Status: in_force

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-3-214 — OK Code / Title 30 / Section 30-3-214
Care, custody and management of estate - Bond
Status: in_force

Every conservator appointed to preserve and protect the estate

of his ward as provided in Sections 3-201 and 3-202 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.
Okla. Stat. tit. 30, § 30-2-110 — OK Code / Title 30 / Section 30-2-110
Investments authorized
Status: in_force

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.
Okla. Stat. tit. 30, § 30-3-219 — OK Code / Title 30 / Section 30-3-219
Limitation on right of ward to contract
Status: in_force

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.
Okla. Stat. tit. 30, § 30-3-211 — OK Code / Title 30 / Section 30-3-211
Petition for appointment of conservator by reason of physical disability - Consent -
Status: in_force

Oklahoma Statutes - Title 30. Guardian and Ward Page 2physical disability - Consent - Notice and hearing.

When it is represented to the court upon verified petition of

any person, any relative, or friend that:

1. A person is an inhabitant or resident of the county or is

not a resident of the county or the state but has property within

the county;

2. That such person is, by reason of physical disability only,

unable to manage his property; and

Oklahoma Statutes - Title 30. Guardian and Ward Page 61

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.
Okla. Stat. tit. 30, § 30-7-107 — OK Code / Title 30 / Section 30-7-107
Petition for review of continuation of standby
Status: in_force

guardianship.

A child’s parent, stepparent, adult sibling or any adult related

to the child by blood, marriage or adoption may petition the court

which approved the standby guardian at any time following such

approval and prior to any termination of the standby guardianship

for review of whether continuation of the standby guardianship is in

the best interests of the child. Notice of the filing of a petition

shall promptly be given to the standby guardian, the child, if the

child is twelve (12) years of age or older, and each parent of the

child whose identity and whereabouts are known or could reasonably

be ascertained.
Okla. Stat. tit. 30, § 30-4-203 — OK Code / Title 30 / Section 30-4-203
Requirement of new bonds - Discharge of sureties on old
Status: in_force

bond.

The court may require a new bond to be given by a guardian

whenever the court deems it necessary, and may discharge the

existing sureties from further liability, after due notice is given

Oklahoma Statutes - Title 30. Guardian and Ward Page 79

as the court may direct, when it shall appear that no injury can

result therefrom to those interested in the estate.

R.L. 1910, § 6580. Amended by Laws 1988, c. 329, § 78, eff. Dec. 1,

1988. Renumbered from Title 58, § 779 by Laws 1988, c. 329, § 134,

eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-2-108 — OK Code / Title 30 / Section 30-2-108
Education and maintenance of minor - Income from
Status: in_force

property of minor - Guardianship of minor with living parent - Child

support.

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.

B. Except as provided in subsection A of this section:

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:

a. 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

b. contain an immediate income assignment provision

pursuant to Section 115 of Title 43 of the Oklahoma

Statutes;

Oklahoma Statutes - Title 30. Guardian and Ward Page 23

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

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.

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.
Okla. Stat. tit. 30, § 30-18 — OK Code / Title 30 / Section 30-18
Renumbered as § 4-801 of this title by Laws 1988, c. 329, §
Status: in_force

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-7-105 — OK Code / Title 30 / Section 30-7-105
Approval of standby guardian without designation —
Status: in_force

Approval of alternate standby guardian.

A. If no designation for a standby guardian has been completed

by a qualified parent, upon petition of any person, the district

court of the jurisdiction in which a child resides may approve a

person as standby guardian for a child of a qualified parent upon

the occurrence of a triggering event. If requested in the petition,

the court may also approve an alternate standby guardian identified

by the petitioner, to act in the event that at any time after

approval pursuant to this section the standby guardian is unable or

unwilling to assume the responsibilities of the standby

guardianship.

B. The petition shall state:

1. The name and address of the petitioner and his relationship

to the child and the name and address of the child’s qualified

parent, and the name and address of any other parent of the child

whose identity and whereabouts are known to the petitioner or can

reasonably be ascertained;

2. The name, address and birthdate of the child;

3. The triggering event;

4. The name and address of the person proposed as standby

guardian and any alternate and whether the petition requests that

such person be given authority as a guardian of the person or

guardian of the property of the minor, or both;

5. A statement of any known reasons as to why the child’s other

parent is not assuming or should not assume responsibility for the

child; and

6. Whether there is any prior judicial history regarding

custody of the child or any pending litigation regarding custody of

the child.
Okla. Stat. tit. 30, § 30-4-755 — OK Code / Title 30 / Section 30-4-755
Hearing, notice and order
Status: in_force

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 2-101 of this

title for minors or Section 3-110 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 4-756 of this title, to show cause why an order

should not be granted for the sale of such estate. If it appear

that it is necessary or would be beneficial to the ward to sell the

personal estate or some part of it, the court must order the sale to

be made.

R.L. 1910, § 6558. Amended by Laws 1953, p. 246, § 74; Laws 1988,

c. 329, § 103, eff. Dec. 1, 1988. Renumbered from Title 58, § 826

by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws

1990, c. 323, § 69, operative July 1, 1990.
Okla. Stat. tit. 30, § 30-4-709 — OK Code / Title 30 / Section 30-4-709
Investment of monies belonging to estates - Purchase of
Status: in_force

homesteads for incapacitated or partially incapacitated persons.

A. Except as provided in subsection B of this section, the

money belonging to estates of minors and incapacitated or partially

incapacitated persons, subject to the jurisdiction of the court, can

only be invested in one or more of the following:

1. Real estate and first mortgages upon real property which do

not exceed fifty percent (50%) of the actual value of the property;

2. United States bonds, or any other type of security

certificate, or evidence of indebtedness which is guaranteed by the

United States government, or any authorized agency thereof;

3. State bonds;

4. Bonds of municipal corporations;

5. Annuities covered by the Oklahoma Life and Health Insurance

Guaranty Association, which do not exceed Three Hundred Thousand

Dollars ($300,000.00), individually; or

6. Accounts in savings and loan associations and credit unions

located in this state, and all types of interest-bearing time

deposits and certificates of banks, savings and loan associations,

and credit unions located in this state, not to exceed the amount

insured by the United States government.

B. When an individual guardian is investing the money belonging

to estates of minors or incapacitated or partially incapacitated

persons, subsection A of this section shall not apply, provided that

the guardian has contracted with a person who is a registered

investment advisor representative pursuant to the Oklahoma Uniform

Securities Act of 2004 and a certified Financial Planner

credentialed by the Certified Financial Planner Board of Standards,

and provided further that the court authorizes such investments.

C. Upon application to the court by the guardian of the estate

of the incapacitated or partially incapacitated person, showing to

the satisfaction of the court:

1. That the incapacitated or partially incapacitated person is

vitally in need of a home;

2. That the incapacitated or partially incapacitated person

owns no suitable homestead;

3. That the incapacitated or partially incapacitated person has

sufficient monthly, semi-annual, or annual fixed income to retire an

incurred indebtedness for the remaining unpaid cost of a homestead;

and

4. That it would be in the best interest of the incapacitated

or partially incapacitated person that a suitable homestead be

purchased on that basis.

Oklahoma Statutes - Title 30. Guardian and Ward Page 100

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.

D. 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.
Okla. Stat. tit. 30, § 30-3-218 — OK Code / Title 30 / Section 30-3-218
Subsequent appointment of guardian of ward - Effect on
Status: in_force

estate.

Any subsequent appointment of a guardian of said ward as an

incapacitated or partially incapacitated person shall be an

appointment as guardian of the person only of said ward and shall

not include the appointment of such guardian of the estate of said

ward or in any manner affect the custody, management and the

handling of the estate of said ward by the conservator so long as

such conservatorship proceedings are pending.
Okla. Stat. tit. 30, § 30-1-112 — OK Code / Title 30 / Section 30-1-112
Persons and property subject to act - Power of
Status: in_force

appointment - Parental rights.

A. Except as otherwise specifically provided by law, the

Oklahoma Guardianship and Conservatorship Act applies to:

1. Minors in this state. Guardianships for minors established

pursuant to Section 3 of this act shall only be subject to

provisions of the Oklahoma Guardianship and Conservatorship Act as

provided in subsection B of this section;

2. Incapacitated and partially incapacitated persons in this

state; and

3. Property located in this state of nondomiciliaries who are

minors or incapacitated or partially incapacitated persons, or

property coming into the control of a guardian who is subject to the

laws of this state.

B. Guardianships, subject to Section 3 of this act, shall be

subject to Article 1 of the Oklahoma Guardianship and

Conservatorship Act and Sections 4-501, 4-503, 4-706, 4-707, 4-801,

4-802, 4-901 and 4-902 of Title 30 of the Oklahoma Statutes.

Oklahoma Statutes - Title 30. Guardian and Ward Page 12

C. No person, whether a parent or otherwise, has any power as a

guardian, except by appointment by a court. The provisions of the

Oklahoma Guardianship and Conservatorship Act shall not be construed

to limit the parental rights of parents as the natural guardians of

their children.

R.L. 1910, § 3327. Amended by Laws 1988, c. 329, § 12, eff. Dec. 1,

1988. Renumbered from § 7 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 9,

operative July 1, 1990; Laws 2000, c. 385, § 13, eff. Nov. 1, 2000.
Okla. Stat. tit. 30, § 30-3-308 — OK Code / Title 30 / Section 30-3-308
Jurisdictional requirements for appointing a guardian or
Status: in_force

issuing a protective order.

A court of this state has jurisdiction to appoint a guardian or

issue a protective order for a respondent if:

(1) This state is the respondent’s home state;

(2) On the date the petition is filed, this state is a

significant-connection state and:

(A) the respondent does not have a home state or a court

of the respondent’s home state has declined to

exercise jurisdiction because this state is a more

appropriate forum, or

(B) 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:

(i) a petition for an appointment or order is not

filed in the respondent’s home state,

(ii) an objection to the court’s jurisdiction is not

filed by a person required to be notified of the

proceeding, and

(iii) the court in this state concludes that it is an

appropriate forum under the factors set forth in

Section 11 of this act;

Oklahoma Statutes - Title 30. Guardian and Ward Page 67

(3) This state does not have jurisdiction under either

paragraph (1) or (2) of this subsection, the respondent’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

(4) The requirements for special jurisdiction under Section 9

of this act are met.
Okla. Stat. tit. 30, § 30-4-702 — OK Code / Title 30 / Section 30-4-702
Collection and settlement of accounts and appearance for
Status: in_force

ward in suits - Compromise and settlement of claims.

A guardian must settle all accounts of the ward, and demand, sue

for, and receive all debts due to the ward, or may, with the

approval of the court, compromise or compound for the same and give

discharges to the debtors on receiving a fair and just settlement of

such claim. A guardian shall appear for and represent the ward in

all legal suits and proceedings, unless another person is appointed

for that purpose as guardian or next friend. A guardian, with the

approval of the court exercising jurisdiction in the suit or

Oklahoma Statutes - Title 30. Guardian and Ward Page 97

proceeding, may compromise and settle any claim made by, on behalf

of or against the ward in such suit or proceeding.

R.L. 1910, § 6543. Amended by Laws 1953, p. 246, § 72; Laws 1988,

c. 329, § 93, eff. Dec. 1, 1988. Renumbered from Title 58, § 804 by
Okla. Stat. tit. 30, § 30-16 — OK Code / Title 30 / Section 30-16
Renumbered as § 1-121 of this title by Laws 1988, c. 329, §
Status: in_force

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-4-754 — OK Code / Title 30 / Section 30-4-754
Petition for sale - Verification
Status: in_force

To obtain an order for such sale, the guardian must present to

the court a verified petition therefor, setting forth the condition

of the estate of the ward and the facts and circumstances on which

the petition is founded.

R.L. 1910, § 6557. Amended by Laws 1988, c. 329, § 102, eff. Dec.

1, 1988. Renumbered from Title 58, § 825 by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-1-124 — OK Code / Title 30 / Section 30-1-124
Guardianship and conservatorship handbook and duties
Status: in_force

summary.

The Oklahoma Bar Association shall prepare a guardianship and

conservatorship handbook for distribution by the Administrative

Office of the Courts to the district courts by providing a link to

the handbook on the Oklahoma State Courts Network (OSCN) website.

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

Oklahoma Statutes - Title 30. Guardian and Ward Page 18

responsibilities of such guardians and conservators. The handbook

shall include 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.
Okla. Stat. tit. 30, § 30-2-111 — OK Code / Title 30 / Section 30-2-111
Contracts on lives of wards and beneficiaries of trust
Status: in_force

funds.

Such contracts may be issued on the life of a ward or

beneficiary of a trust fund, and shall be so drawn by the insuring

company so that the proceeds, or avails thereof shall be the sole

property of the person whose funds are invested.
Okla. Stat. tit. 30, § 30-4-706 — OK Code / Title 30 / Section 30-4-706
Maintenance and support of ward - Credit on settlement -
Status: in_force

Payment of third person furnishing necessaries on guardian's

refusal.

When a guardian has advanced for the necessary maintenance,

support and education of his ward, an amount not disproportionate to

the value of the estate or condition of life of the ward and the

same is made to appear to the satisfaction of the court, by proper

supporting documents and proofs, the guardian must be allowed credit

therefor in his settlement. Whenever a guardian fails, neglects, or

refuses to furnish suitable and necessary maintenance, support or

education for his ward, the court may order the guardian to do so

and enforce such order by proper process. Whenever any third

person, at the request of the ward, supplies a ward with such

suitable and necessary maintenance, support or education which is

shown to have been done after refusal or neglect of the guardian to

supply the same, the court may direct the guardian to pay therefor

out of the estate of the ward, and may enforce such payment by due

process.

R.L. 1910, § 6545. Amended by Laws 1988, c. 329, § 96, eff. Dec. 1,

1988. Renumbered from Title 58, § 806 by Laws 1988, c. 329, § 134,

eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-7-102 — OK Code / Title 30 / Section 30-7-102
Definitions
Status: in_force

As used in this act:

1. “Designation” means a writing which is voluntarily executed

in conformance with the requirements of Section 3 of this act and

signed by a parent and names a person to act as standby guardian;

2. “Parent” means a genetic or adoptive parent or parent

determined in accordance with the standards set forth in Section

7700-201 of Title 10 of the Oklahoma Statutes, and includes a

person, other than a parent, who has physical custody of a child and

who has either been awarded custody by a court or claims a right to

custody;

3. “Qualified parent” means a parent who has become unavailable

due to a military deployment, court proceeding, incapacity, or other

matter, as evidenced in writing, by a court of appropriate

jurisdiction or by a state or the federal government;

4. “Standby guardian” means a person who, in accordance with

this act, is designated in writing or approved by the court to

temporarily assume the duties of guardian of the person or guardian

of the property, or both, of a minor child on behalf of or in

conjunction with a qualified parent upon the occurrence of a

triggering event; and

5. “Triggering event” means the event upon the occurrence of

which the standby guardian may be authorized to act.
Okla. Stat. tit. 30, § 30-9 — OK Code / Title 30 / Section 30-9
Renumbered as § 1-118 of this title by Laws 1988, c. 329, §
Status: in_force

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-1-104 — OK Code / Title 30 / Section 30-1-104
Existing guardianships or conservatorships - Compliance
Status: in_force

with Act - Court review of cases.

A. 1. Any guardianship or conservatorship in existence on or

created on or after December 1, 1990, shall comply with the

provisions of the Oklahoma Guardianship and Conservatorship Act.

Oklahoma Statutes - Title 30. Guardian and Ward Page 6

2. Unless otherwise modified or terminated, all guardianships

and conservatorships established prior to the effective date of the

Oklahoma Guardianship and Conservatorship Act shall remain in full

force and effect.

3. All guardians or conservators shall retain the powers

assigned to them, unless otherwise modified or terminated by the

court.

B. The Chief Judge of each district court shall establish a

schedule by court rule which shall provide for a court review by

December 1, 1991 of each guardianship and conservatorship case in

which a guardian or conservator was appointed after January 1, 1980.
Okla. Stat. tit. 30, § 30-1 — OK Code / Title 30 / Section 30-1
Renumbered as § 1-105 of this title by Laws 1988, c. 329, §
Status: in_force

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-3-315 — OK Code / Title 30 / Section 30-3-315
Transfer of guardianship or conservatorship -
Status: in_force

Notification of petition.

Oklahoma Statutes - Title 30. Guardian and Ward Page 70

(a) A guardian or conservator appointed in this state may

petition the court to transfer the guardianship or conservatorship

to another state.

(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.

(c) On the court’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.

(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:

(1) The incapacitated person is physically present in or is

reasonably expected to move permanently to the other state;

(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

(3) Plans for care and services for the incapacitated person in

the other state are reasonable and sufficient.

(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:

(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;

(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

(3) Adequate arrangements will be made for management of the

protected person’s property.

(f) The court shall issue a final order confirming the transfer

and terminating the guardianship or conservatorship upon its receipt

of:

(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

Oklahoma Statutes - Title 30. Guardian and Ward Page 71

(2) The documents required to terminate a guardianship or

conservatorship in this state.
Okla. Stat. tit. 30, § 30-3-111 — OK Code / Title 30 / Section 30-3-111
Determination by court - Order appointing guardian -
Status: in_force

Explanation on record.

A. At the hearing on the petition the court shall determine

whether or not it is necessary to appoint a guardian of the person,

property or both. If a guardian is needed, the court shall

determine:

1. When a general or limited guardian of the person of the

subject of the proceeding is requested, the essential requirements

for the health and safety of the subject of the proceeding and the

skills and knowledge necessary to meet those requirements;

2. When a general or limited guardian of the property of the

subject of the proceeding is requested, the type and amount of the

financial resources of the subject of the proceeding, the essential

requirements for managing the financial resources and the skills and

knowledge necessary to manage the financial resources;

Oklahoma Statutes - Title 30. Guardian and Ward Page 47

3. The nature and extent of the incapacity of the subject of

the proceeding, if any; and

4. Whether by clear and convincing evidence the subject of the

proceeding is an incapacitated or partially incapacitated person.

B. If after a full hearing and examination upon such petition,

the court finds by clear and convincing evidence that the subject of

the proceeding is an incapacitated or partially incapacitated

person, the court shall determine the extent of the incapacity and

the feasibility of less restrictive alternatives to guardianship to

meet the needs of the subject of the proceeding. Upon such

determination, the court may:

1. Dismiss the action if the court finds that less restrictive

alternatives to guardianship are feasible and adequate to meet the

needs of the subject of the proceeding; or

2. Appoint a guardian or limited guardian. An order making

such an appointment shall include a specific finding that it was

established by clear and convincing evidence that the identified

needs of the subject of the proceeding require a guardianship

instead of less restrictive alternatives.

C. Guardianship for an incapacitated person shall be:

1. Used only as is necessary to promote and protect the well-

being of the person and his or her property;

2. Designed to encourage the development of maximum self-

reliance and independence of the person; and

3. Ordered only to the extent required by the actual mental,

physical and adaptive limitations of the person.

R.L. 1910, § 6539. Amended by Laws 1953, p. 247, § 80; Laws 1955,

p. 302, § 2; Laws 1988, c. 329, § 48, eff. Dec. 1, 1988. Renumbered

from Title 58, § 852 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-3-314 — OK Code / Title 30 / Section 30-3-314
Rules for filing of petitions in multiple states
Status: in_force

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:

(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.

(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.
Okla. Stat. tit. 30, § 30-1-106 — OK Code / Title 30 / Section 30-1-106
Guardians ad litem excluded
Status: in_force

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.
Okla. Stat. tit. 30, § 30-6 — OK Code / Title 30 / Section 30-6
Renumbered as § 2-102 of this title by Laws 1988, c. 329, §
Status: in_force

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-3-317 — OK Code / Title 30 / Section 30-3-317
Registration of out-of-state guardianship order
Status: in_force

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.
Okla. Stat. tit. 30, § 30-2-113 — OK Code / Title 30 / Section 30-2-113
When power of guardian appointed by parent ceases
Status: in_force

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

1. The removal of the guardian;

2. The solemnized marriage of the ward; or

3. The ward's attaining majority.

Oklahoma Statutes - Title 30. Guardian and Ward Page 25

R.L. 1910, § 3338. Amended by Laws 1988, c. 329, § 34, eff. Dec. 1,

1988. Renumbered from § 19 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 24,

operative July 1, 1990.
Okla. Stat. tit. 30, § 30-4-707 — OK Code / Title 30 / Section 30-4-707
Execution of waivers or consents for wards
Status: in_force

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.
Okla. Stat. tit. 30, § 30-1-115 — OK Code / Title 30 / Section 30-1-115
Venue - Priorities of jurisdiction - Transfer -
Status: in_force

Consolidation.

A. The venue for a guardianship proceeding is in:

1. The district court of the county where the minor or the

incapacitated or partially incapacitated person resides;

2. The district court of the county where the proposed guardian

resides if the proposed guardian is a member of the minor's or

incapacitated person's family; or

3. The district court of the county to which the cause is

transferred by a judge of the court in which the petition was filed

or the cause is pending. Provided, venue to appoint the guardian of

Oklahoma Statutes - Title 30. Guardian and Ward Page 14

a nonresident minor or incapacitated person shall be in a county

where the nonresident has property.

B. If a proceeding pursuant to the provisions of the Oklahoma

Guardianship and Conservatorship Act could be maintained in more

than one place in this state, the court in which the proceeding is

first commenced has the exclusive right to exercise jurisdiction

over the proceeding and proceed with the action. A court shall not

exercise jurisdiction over a proceeding for guardianship of a minor

pursuant to this title if, at the time the petition for guardianship

is filed, another court of this state is exercising jurisdiction

pursuant to Section 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.

1. If proceedings concerning the same estate, minor, alleged

incapacitated or partially incapacitated person, or ward are

commenced in more than one court of this state, the court in which a

proceeding was first commenced shall continue to hear the matter and

determine venue. If the court where the proceeding was first filed

determines that venue is properly in another court, it shall

transfer the proceeding to the other court.

2. If the court finds that in the interest of justice a

proceeding should be conducted in another court of this state, the

court may transfer the proceeding to the other court.

C. If both guardianship and conservatorship proceedings as to

the same person are commenced or pending in the same court, the

proceedings may be consolidated.
Okla. Stat. tit. 30, § 30-4-101 — OK Code / Title 30 / Section 30-4-101
Appointment as guardian of more than five wards
Status: in_force

prohibited - Exceptions.

No person shall be appointed guardian of any minor or

incapacitated or partially incapacitated person, who is, at the time

of the hearing of the application for appointment, the guardian of

as many as five persons, other than his own family or relatives.

The provisions of this section and Section 4-102 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.
Okla. Stat. tit. 30, § 30-3-212 — OK Code / Title 30 / Section 30-3-212
Appointment of conservator - Consent necessary
Status: in_force

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.
Okla. Stat. tit. 30, § 30-3-122 — OK Code / Title 30 / Section 30-3-122
Proposed plan for management of financial resources of
Status: in_force

ward.

A. If not filed with the petition or submitted to the court at

the time of the hearing, within two (2) months after his

appointment, a guardian or limited guardian of the property of an

incapacitated or partially incapacitated person shall file with the

court for its approval a proposed plan for the management of the

financial resources of the ward that are under his management or

administration, and an inventory as required pursuant to Section 4-

301 of this title. Said guardian or limited guardian shall submit

subsequent or modified plans as required by this title.

B. Initial and subsequent guardianship plans for the management

of the financial resources of the ward shall state:

1. The services which are necessary to manage the property of

the ward placed under the control of the guardian or limited

guardian;

2. The means for obtaining those services;

3. The manner in which the guardian or limited guardian of the

property of the ward, the ward, and the guardian or limited guardian

of the person, or if another individual has been appointed to serve

in that capacity, will exercise and share decision-making authority;

Oklahoma Statutes - Title 30. Guardian and Ward Page 58

4. Such other services necessary to assist in the management of

the property placed under the guardian or limited guardian in

fulfilling the needs of the ward and the duties of such guardian or

limited guardian, and the terms of the most recent dispositional

order.

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

Plan for the Management

of the Property of the Ward

I, ______________________, the (petitioner, guardian or limited

(Name)

guardian) for___________________________________________________

(Name and current place of abode)

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

Guardianship Plan.

1. I believe the services necessary to manage the property of the

ward which is subject to this Plan are as follows: ________________

_______________________________________________________________

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

____________________________________________________________

____________________________________________________________

3. The guardian (or limited guardian) of the person, (Name, or

indicate as not applicable) the ward, and I plan to cooperate and

share decision-making authority with regard to the ward within the

provisions of the dispositional order as follows:

_______________________________________________________________

_______________________________________________________________

4. I believe the following services will assist in the management

of the property of the ward subject to my control, implementing the

terms of the most recent dispositional order applying to me as

(guardian or limited guardian) of the property:

_______________________________________________________________

_______________________________________________________________

______________ ____________________________________

Date (Signature of guardian or limited guardian)
Okla. Stat. tit. 30, § 30-2-106 — OK Code / Title 30 / Section 30-2-106
Appointment of parents as guardians
Status: in_force

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

Oklahoma Statutes - Title 30. Guardian and Ward Page 22

nomination of the other parent, if the natural parents of the minor

are married and living together. In cases where both parents are

separately seeking appointment as guardian of the minor, the court

may, upon full investigation, appoint the parent who in the judgment

of the court is the most competent to look after the interest of

said minor.

R.L. 1910, § 6530. Amended by Laws 1913, c. 29, p. 59, § 1; Laws

1988, c. 329, § 30, eff. Dec. 1, 1988. Renumbered from Title 58, §

769 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-4-768 — OK Code / Title 30 / Section 30-4-768
Exchange of property held by ward or wards in common -
Status: in_force

Notice.

When it shall appear to the court to be to the advantage or best

interests of the ward, or wards, to exchange an interest in real

estate held by such ward or wards in common with another, or others,

for other real estate also held in common by such ward or wards with

another or others, to be owned solely by said ward or wards, after

such exchange, a guardian of the ward's estate may be authorized by

the court, after hearing and appraisement, to effectuate such

exchange and to give or accept cash in part consideration. The

provisions of Section 4-756 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.
Okla. Stat. tit. 30, § 30-10 — OK Code / Title 30 / Section 30-10
Renumbered as § 1-114 of this title by Laws 1988, c. 329, §
Status: in_force

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-3-104 — OK Code / Title 30 / Section 30-3-104
Priorities for selection by court of guardian or limited
Status: in_force

guardian - Appointment of organization - Determination of

suitability - Appointment of public agency.

A. The following priorities shall guide the selection by the

court of a guardian or limited guardian of an incapacitated or

partially incapacitated person from among those eligible:

1. The individual or individuals nominated by the subject of

the proceeding pursuant to Section 3-102 of this title;

2. The current guardian or limited guardian appointed or

recognized by the appropriate court of any other jurisdiction in

which the incapacitated or partially incapacitated person resides;

3. An individual nominated by the will or by other writing of a

deceased parent, spouse, or an adult child who was serving as the

guardian or limited guardian of the subject of the proceeding;

4. The spouse of the subject of the proceeding;

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

6. A parent of the subject of the proceeding;

7. A sibling of the subject of the proceeding;

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 the owner, operator,

administrator or employee is the spouse of the resident, or a

relative of the resident within the second degree of consanguinity

and is otherwise eligible for appointment; or

9. If applicable, an individual volunteer qualified for

appointment as a guardian of a veteran pursuant to the Veterans

Volunteer Guardianship Act.

B. When the guardian or limited guardian of an incapacitated or

partially incapacitated person is the guardian of property only, the

court may appoint an organization which is eligible to manage the

financial resources of an individual and has fiduciary powers, or

its successor in interest, when:

1. Such organization is nominated by the subject of the

proceeding pursuant to Section 3-102 of this title;

2. Such organization is nominated by a person eligible to make

such nomination pursuant to Section 3-103 of this title; or

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

of the subject of the proceeding.

Oklahoma Statutes - Title 30. Guardian and Ward Page 36

C. The court shall make reasonable inquiry to determine whether

the person or organization proposed to serve as the guardian or

limited guardian of an incapacitated or partially incapacitated

person is suitable and will exercise the powers and carry out the

duties and responsibilities of guardian or limited guardian in the

best interest of the ward. The court shall also inquire of the

proposed guardian of the person of the ward as to how the guardian

proposes to provide for the care of the ward, and of the proposed

guardian of the estate of the ward as to how the guardian proposes

to manage the property of the ward and to provide for the ward's

financial care. The court shall make such orders with respect

thereto as the court deems to be for the best interest of the ward.

D. A public agency shall not be appointed to serve as guardian

for an adult except as provided in Section 1415 of Title 10 and

Section 10-108 of Title 43A of the Oklahoma Statutes.
Okla. Stat. tit. 30, § 30-3-109 — OK Code / Title 30 / Section 30-3-109
Hearing on petition - Setting of date
Status: in_force

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 3-110 of this

title and to the attorney of the subject of the proceeding, if any,

and if known to the petitioner.

R.L. 1910, § 6538. Amended by Laws 1955, p. 302, § 1; Laws 1972, c.

174, § 1, eff. Oct. 1, 1972; Laws 1988, c. 329, § 46, eff. Dec. 1,

1988. Renumbered from Title 58, § 851 by Laws 1988, c. 329, § 134,

eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 32, operative

July 1, 1990.
Okla. Stat. tit. 30, § 30-15 — OK Code / Title 30 / Section 30-15
Renumbered as § 1-120 of this title by Laws 1988, c. 329, §
Status: in_force

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-3-101 — OK Code / Title 30 / Section 30-3-101
Petition for appointment of guardian
Status: in_force

A. Any person interested in the welfare of a person believed to

be an incapacitated person or partially incapacitated person may

file a petition alleging that such person is an incapacitated or

partially incapacitated person, and request the appointment of a

guardian.

B. The petition shall be verified and shall specify:

1. The names and addresses of persons entitled to notice

pursuant to Section 3-110 of this title and to the attorney of the

subject of the proceeding, if any, and if known to the petitioner;

2. The nature and degree of the alleged incapacity;

3. The relief requested and the facts and reasons supporting

the need for such relief including, where applicable, a description

of any acts or behavior of the subject of the proceeding which gave

rise to the allegations; and

4. The estimated value of all intangible personal property of

the ward.

C. A copy of the results of any physical, psychological or

other appropriate professional evaluation of the condition of the

subject of the proceeding which has been completed within sixty (60)

days prior to the filing of the petition, may be attached to the

petition at the time it is filed.

D. A guardianship plan or plans substantially in the form

required by Section 3-120 or Section 3-122 of this title or both, as

appropriate, may be attached to the petition at the time it is filed

or may be submitted to the court at the time of the hearing.

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

Oklahoma Statutes - Title 30. Guardian and Ward Page 33

member of the petitioner’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’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.
Okla. Stat. tit. 30, § 30-7-103 — OK Code / Title 30 / Section 30-7-103
Written designation of standby guardian — Authority
Status: in_force

A. A parent may execute a written designation of a standby

guardian at any time. The written designation shall state:

1. The name, address and birthdate of the child affected; and

2. The name and address of the person designated as standby

guardian or alternate.

The written designation shall be signed by the parent. The

designated standby guardian or alternate may not sign on behalf of

the parent. The signed designation shall be delivered to the

standby guardian and any alternate named as soon as practicable.

B. Following such delivery of the designation, the authority of

a standby guardian to act for a qualified parent shall commence upon

the occurrence of the triggering event, receipt of documentation, if

any, supporting the occurrence of the triggering event and the

qualified parent’s written consent to such commencement signed by

the parent.

Oklahoma Statutes - Title 30. Guardian and Ward Page 118

C. A standby guardian under a designation shall have the

authority of a guardian of the person and a guardian of the property

of the child, unless otherwise specified in the designation.
Okla. Stat. tit. 30, § 30-4-904 — OK Code / Title 30 / Section 30-4-904
Concealment or removal from jurisdiction of certain
Status: in_force

persons.

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.
Okla. Stat. tit. 30, § 30-3-116 — OK Code / Title 30 / Section 30-3-116
Proceedings to determine restoration to capacity
Status: in_force

A. Any person who has been judicially determined to be an

incapacitated or partially incapacitated person, the guardian or

limited guardian, any relative of the ward or any friend of the ward

may apply by petition to the district court of the county in which

such person was declared incapacitated or partially incapacitated,

to have the fact of the ward's restoration to capacity judicially

determined. The petition shall be verified, and shall state that

such person is no longer incapacitated or partially incapacitated.

B. Upon receiving the petition, the court shall appoint a day

for the hearing. Such hearing shall be set within thirty (30) days

after the date of the filing of the petition. The court shall cause

notice to be served as provided by Section 3-110 of this title and

to the attorney of the subject of the proceeding, if any, and if

known to the petitioner. At the hearing, the guardian or relative

of the petitioner, and in the discretion of the court, any other

person, may contest the right of the petitioner to the relief

demanded. Witnesses may be required to appear and testify, as in

all other civil matters, and may be called and examined by the judge

on his own motion. If it is found that the petitioner is no longer

incapacitated or partially incapacitated and capable of taking care

of himself or his property, or both, his restoration to capacity

shall be adjudged, and the guardianship of such person shall cease.

R.L. 1910, § 6541. Amended by Laws 1955, p. 303, § 4; Laws 1988, c.

329, § 53, eff. Dec. 1, 1988. Renumbered from Title 58, § 854 by
Okla. Stat. tit. 30, § 30-1-103 — OK Code / Title 30 / Section 30-1-103
Purpose of Act - Legislative intent
Status: in_force

A. It is the purpose of the Oklahoma Guardianship Act to

promote the general welfare of all citizens by establishing a system

of general and limited guardianships for minors and for

incapacitated and partially incapacitated persons which provides for

the protection of their rights and the management of their financial

resources.

B. It is the purpose of the system of general and limited

guardianships for incapacitated and partially incapacitated persons

established by this act to provide for the participation of such

persons, as fully as possible, in the decisions which affect them.

It is the intent of the Oklahoma State Legislature:

1. That the court shall exercise the authority conferred by the

Oklahoma Guardianship Act so as to encourage the development of

maximum self-reliance and independence of the incapacitated or

partially incapacitated person and make appointive and other orders

only to the extent necessitated by the mental and adaptive

limitations or other condition of the incapacitated or partially

incapacitated person warranting the procedure;

2. That in performing their duties and exercising their powers,

guardians and limited guardians of incapacitated or partially

incapacitated persons shall:

a. assure, to the extent reasonably possible, that the

rights of the wards for whom they are appointed are

protected;

b. encourage, to the extent reasonably possible,

incapacitated or partially incapacitated persons to

participate to the maximum extent of their abilities

in all decisions which affect them and to act on their

own behalf on all matters in which they are able to do

so within the limitations imposed by the court; and

c. as appropriate, assist their wards to develop or

regain to the maximum extent possible their capacity

to meet the essential requirements for their health or

safety, or to manage their financial resources or

both.
Okla. Stat. tit. 30, § 30-4-802 — OK Code / Title 30 / Section 30-4-802
Suspension of power of guardian - Marriage of
Status: in_force

incapacitated or partially incapacitated person.

A. The power of a guardian is suspended only:

1. By order of the court;

2. If the appointment was made solely because of the ward's

minority, by his obtaining majority; or

3. The guardianship over the person only of a minor ward, by

the marriage of the ward.

B. Whenever a person who has been found by the court to be an

incapacitated or partially incapacitated person marries, the court

may, upon application of an interested person, hold a review hearing

to determine whether:

1. The guardianship should be terminated;

2. A successor guardian should be appointed;

3. The limitations on the ward, or the powers and duties of the

guardian; or

4. The guardianship should be continued unchanged.

R.L. 1910, § 3339. Amended by Laws 1988, c. 329, § 119, eff. Dec.

1, 1988. Renumbered from § 20 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 75,

operative July 1, 1990.