Okla. Stat. tit. 30, § 30-4-402 — OK Code / Title 30 / Section 30-4-402
Joint guardians - Compensation
Status: in_force

Joint guardians shall not receive more compensation than a

single guardian.
Okla. Stat. tit. 30, § 30-4-762 — OK Code / Title 30 / Section 30-4-762
Order for sale - Public or private sale
Status: in_force

If, after a full examination, it appears necessary or for the

benefit of the ward that the real or personal estate of the ward, or

some part thereof, should be sold, the court may grant an order

therefor, specifying therein the causes or reasons why the sale is

necessary or beneficial, and may, if the same has been prayed for in

the petition, order such sale to be made either at public or private

sale.

R.L. 1910, § 6563. Amended by Laws 1988, c. 329, § 109, eff. Dec.

1, 1988. Renumbered from Title 58, § 831 by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-1-113 — OK Code / Title 30 / Section 30-1-113
Appointment of guardian - Jurisdiction
Status: in_force

A. A guardian of the person or property, or both, of a person

residing in this state, who is a minor, or an incapacitated or

partially incapacitated person, may be appointed in all cases by the

court as provided in this title.

B. After the service of notice in a proceeding seeking the

appointment of a guardian or other order, in subsequent proceedings

pertaining to the guardianship of a ward and until termination of

the proceeding, the court in which the petition is filed has

exclusive jurisdiction to determine:

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

2. How the estate of the ward shall be managed, expended, or

distributed to or for the use of the ward or the dependents of the

ward.

R.L. 1910, § 3328. Amended by Laws 1988, c. 329, § 13, eff. Dec. 1,

1988. Renumbered from § 8 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 10,

operative July 1, 1990.
Okla. Stat. tit. 30, § 30-3-309 — OK Code / Title 30 / Section 30-3-309
Special jurisdiction
Status: in_force

(a) A court of this state lacking jurisdiction under paragraphs

(1) through (3) of Section 8 of this act has special jurisdiction to

do any of the following:

(1) Appoint a guardian in an emergency for a term not to exceed

ninety (90) days for a respondent who is physically present in this

state;

(2) Issue a protective order with respect to real or tangible

personal property located in this state;

(3) Appoint a guardian or conservator for an incapacitated or

protected person for whom a provisional order to transfer the

proceeding from another state has been issued under procedures

similar to Section 15 of this act.

(b) If a petition for the appointment of a guardian in an

emergency is brought in this state and this state was not the

respondent’s home state on the date the petition was filed, the

court shall dismiss the proceeding at the request of the court of

the home state, if any, whether dismissal is requested before or

after the emergency appointment.
Okla. Stat. tit. 30, § 30-3-321 — OK Code / Title 30 / Section 30-3-321
Relation to Electronic Signatures in Global and National
Status: in_force

Commerce Act.

This act modifies, limits, and supersedes the federal Electronic

Signatures in Global and National Commerce Act, 15 U.S.C. Section

7001, et seq., but does not modify, limit, or supersede Section

101(c) of that act, 15 U.S.C. Section 7001(c), or authorize

electronic delivery of any of the notices described in Section

103(b) of that act, 15 U.S.C. Section 7003(b).
Okla. Stat. tit. 30, § 30-4-803 — OK Code / Title 30 / Section 30-4-803
Termination of authority and responsibility of guardian - Removal - Resignation - Final
Status: in_force

Oklahoma Statutes - Title 30. Guardian and Ward Page 4- Removal - Resignation - Final account - Notice and hearing.

A. The authority and responsibility of a guardian terminates

upon the death of the guardian, conservator, or the ward, the

determination of incapacity of the guardian or conservator, or upon

removal or resignation of the guardian or conservator. Termination

does not affect the liability of a guardian or conservator for prior

acts or the obligation to account for any funds and assets of the

ward under the control of the guardian or conservator. The

authority and responsibility of a guardian of a minor also

terminates upon the marriage or majority of the ward.

B. The court, after notice and hearing, may remove a guardian

or conservator for cause if the guardian or conservator has failed

for thirty (30) days, after he is required to do so, to render an

account or make a report, and compel him to surrender the estate of

the ward to the person found to be lawfully entitled thereto.

C. Every guardian or conservator may resign when it appears

proper to allow the same and upon the resignation or removal of a

guardian or conservator the court may appoint a successor guardian

or conservator in the place of the guardian or conservator who has

resigned or has been removed or make other appropriate orders

pursuant to the provisions of the Oklahoma Guardianship and

Conservatorship Act.

D. Upon termination of the disability of the ward or upon his

death, or upon the resignation or removal of the guardian or

Oklahoma Statutes - Title 30. Guardian and Ward Page 110

conservator, a guardian or conservator or the guardian's or

conservator's personal representative, or if the guardian or

conservator is incapacitated or deceased and there is no personal

representative, then some suitable person appointed by the court

shall file the guardian's or conservator's final account and request

for final compensation with the court within thirty (30) days after

such event.

1. The court shall set the final account for hearing on a date

not less than fifteen (15) days after the filing thereof. Notice of

such hearing shall be given at least ten (10) days prior to the date

set for hearing, by mailing a copy of the notice of hearing by

first-class mail:

a. if the guardianship was established for a minor or a

minor's estate, to the persons entitled to notice

pursuant to Section 2-101 of this title if the ward is

still a minor, or to the ward only if the ward has

attained majority or has married, or if the ward is

deceased, to the persons entitled to notice pursuant

to Section 2-101 of this title and to the personal

representative of the ward's estate if such

representative has been appointed and the

representative's appointment is known to or

ascertainable by reasonably diligent efforts of the

person rendering the final account; or

b. if the guardianship was established for an adult or an

adult's estate, or if the proceeding is a

conservatorship action, to those persons entitled to

notice pursuant to paragraph 1, unless the ward is

deceased, and paragraphs 2, 3 and 7 of subsection A of

Section 3-110 of this title and, if the ward is

deceased, to the personal representative of the ward's

estate if such representative has been appointed and

the representative's appointment is known to or

ascertainable by reasonably diligent efforts of the

person rendering the final account.

2. Any person to whom notice is given in accordance with this

subsection may appear at the hearing on the final account and file

his exceptions in writing to the final account and contest the same.

3. The settlement of the account and the allowance thereof by

the court shall be conclusive against all persons interested in the

estate of the ward, except as to persons subject to a legal

disability at the time the notice of hearing is given.

4. Upon approval of the final account, the guardian or

conservator and his sureties, if any, shall be discharged.

R.L. 1910, § 6578. Amended by Laws 1953, p. 248, § 83; Laws 1988,

c. 329, § 120, eff. Dec. 1, 1988. Renumbered from Title 58, § 875

Oklahoma Statutes - Title 30. Guardian and Ward Page 111

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

1992, c. 274, § 2, eff. Sept. 1, 1992.
Okla. Stat. tit. 30, § 30-6-101 — OK Code / Title 30 / Section 30-6-101
Short title – Purpose – Office of Public Guardian –
Status: in_force

Powers and duties.

A. 1. This section and Section 4 of this act shall be known

and may be cited as the “Oklahoma Public Guardianship Act”.

2. The purpose of the Oklahoma Public Guardianship Act is to,

within the budgetary limits specified by the Oklahoma Public

Guardianship Act:

a. furnish guardianship services, and information

regarding less restrictive alternatives, to all

Oklahomans who need them,

b. provide assistance to guardians throughout the state

in securing necessary services for their wards,

including, but not limited to, removing a guardian or

limited guardian, and

Oklahoma Statutes - Title 30. Guardian and Ward Page 114

c. provide assistance to courts, attorneys, and proposed

guardians or limited guardians in the handling of

guardianship proceedings.

3. There is hereby created the Office of Public Guardian within

the Department of Human Services. Until the expansion of the pilot

program established by Section 4 of this act becomes statewide and

rules are promulgated by the Commission for Human Services, the

Office of Public Guardian, subject to the availability of funds,

shall be a source of information and assistance on guardianship and

alternatives for the public needing public guardianship services.

B. 1. Upon receipt of recommendations of the evaluating board

established pursuant to Section 4 of this act evaluating the pilot

project established pursuant to Section 4 of this act which

indicates that the expansion of the pilot project on a statewide

basis would be economically feasible and practical, the Commission

shall promulgate rules for developing a statewide program for public

guardianship pursuant to the Oklahoma Public Guardianship Act.

2. Upon promulgation of rules by the Commission, the provisions

of this section shall become effective statewide.

C. For the pilot program, and after the program has been

expanded on a statewide basis, the Office of Public Guardian shall

serve as a public guardian for eligible wards. The Office of Public

Guardian shall be a source of guardians, limited guardians,

attorneys for guardians and wards. In addition, after the program

has been expanded statewide, the Office of Public Guardian shall:

1. Be a source of information and assistance on guardianship

and alternatives for the public needing public guardianship

services;

2. Establish and maintain relationships with governmental,

public, and private agencies, institutions, and organizations to

assure the most effective guardianship program for each ward;

3. Have, at a minimum, phone contact with each ward, if

capable, every two (2) weeks;

4. Visit each ward at least three times every quarter, with one

visit being unannounced;

5. Keep and maintain the following records on all cases in

which the public guardian provides guardianship services:

a. itemized financial records,

b. health care,

c. rehabilitation,

d. education, and

e. vocation;

6. Provide information and referrals to the public regarding

guardianship proceedings, but not information that would identify a

particular case;

7. Foster the increased independence of the ward, to include

termination of the guardianship when appropriate; and

Oklahoma Statutes - Title 30. Guardian and Ward Page 115

8. Develop and maintain a current listing of public and private

medical, mental health, social advocacy, educational,

rehabilitative, counseling, therapeutic, homemaking, recreational,

financial, and legal services and programs available to assist wards

and their families.

D. The Office of Public Guardian may:

1. Contract for services necessary to carry out the duties of

the Office; and

2. Accept the services of volunteer workers or consultants and

reimburse them for their necessary expenses.

E. For the pilot program and after the program has been

expanded on a statewide basis, the Office of Public Guardian may, on

its own motion or at the request of a district court, intervene in a

guardianship proceeding if the public guardian or a court considers

the intervention to be justified because:

1. An appointed guardian is not fulfilling his or her duties;

2. The estate is subject to waste as a result of the costs of

the guardianship;

3. A willing and qualified guardian is not available; or

4. The best interests of the ward or the person who is the

subject of a guardianship proceeding require the intervention.

F. The Office of Public Guardian, as funds become available,

may employ staff and delegate to members of the staff or to

volunteers the powers and duties as guardian and other powers and

duties pursuant to the Oklahoma Public Guardianship Act. However,

the Office of Public Guardian retains responsibility for the proper

performance of the delegated powers and duties. All delegations

shall be to persons who meet the eligibility requirements of a

guardian pursuant to Section 3-104 of Title 30 of the Oklahoma

Statutes.

G. For the pilot program, and after the program has been

expanded on a statewide basis, a public guardian has the same powers

and duties with respect to the ward as a private or volunteer

guardian.

H. For the pilot program and after the program has been

expanded on a statewide basis, a public guardian shall endeavor, for

as long as practicable, to find a suitable private or volunteer

guardian of the ward. For each ward, the public guardian shall

report to the court having jurisdiction of the ward, at least every

six (6) months, efforts to find a private or volunteer guardian.

I. For the pilot program and after the program has been

expanded on a statewide basis, any district court of this state may

order a public guardian to act as full guardian, limited guardian,

special guardian, or conservator for a person who is determined

under the Oklahoma Public Guardianship Act to be in need of guardian

service if no other person or private guardianship association is

willing and qualified to perform this function.

Oklahoma Statutes - Title 30. Guardian and Ward Page 116
Okla. Stat. tit. 30, § 30-3-313 — OK Code / Title 30 / Section 30-3-313
Notice of petition in home state of respondent
Status: in_force

If a petition for the appointment of a guardian or issuance of a

protective order is brought in this state and this state was not the

respondent’s home state on the date the petition was filed, in

addition to complying with the notice requirements of this state,

notice of the petition shall be given to those persons who would be

entitled to notice of the petition if a proceeding were brought in

the respondent’s home state. The notice shall be given in the same

manner as notice is required to be given in this state.
Okla. Stat. tit. 30, § 30-4-701 — OK Code / Title 30 / Section 30-4-701
Payment of debts
Status: in_force

Every guardian appointed under the provisions of this act shall

pay all just debts due from the ward out of the personal estate and

income from the real estate of the ward, if sufficient. If said

estate and income is not sufficient, then payment shall be made out

of the real estate of the ward, upon obtaining an order for the sale

thereof, the proceeds of such sale shall be disposed of in the

manner provided by law for the sale of real estate of decedents.

R.L. 1910, § 6542. Amended by Laws 1988, c. 329, § 92, eff. Dec. 1,

1988. Renumbered from Title 58, § 803 by Laws 1988, c. 329, § 134,

eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-4-403 — OK Code / Title 30 / Section 30-4-403
Compensation for attorneys, guardians ad litem and
Status: in_force

persons conducting evaluations.

A. 1. An attorney, other than a public defender, for a ward or

a subject of a proceeding pursuant to the Oklahoma Guardianship and

Conservatorship Act or whose services are obtained by a guardian on

behalf of a ward is entitled to reasonable compensation to be paid

from and as a charge against the estate of the ward. Reasonable

compensation for attorney services rendered and expenses made on

behalf of the guardian of the ward incurred prior to the appointment

of the guardian may be paid from and charged against the estate of

the ward, as approved by the court prior to payment.

2. Guardians ad litem, other than an employee of a public

agency or an employee of a private agency which provides such

Oklahoma Statutes - Title 30. Guardian and Ward Page 92

service pursuant to a contract with a public agency, appointed

pursuant to the provisions of this act are entitled to reasonable

compensation.

3. A person conducting an evaluation of the subject of the

proceeding, whose services resulted in the appointment of a limited

guardian or guardian or other order beneficial to the subject of the

proceeding, is entitled to reasonable and necessary compensation.

B. 1. Compensation and reimbursements pursuant to this section

shall be paid from the financial resources of the subject of the

proceeding unless the court determines that such payment of

compensation and reimbursements would:

a. substantially impede the partially incapacitated or

incapacitated person from meeting the essential

requirements for his physical health or safety, and

b. substantially impair the financial resources of such

person, or substantially impede his ability to obtain

the services necessary for developing or regaining his

abilities to the maximum extent possible.

2. If not otherwise compensated or reimbursed pursuant to the

provisions of paragraph 1 of this subsection:

a. any attorney or guardian ad litem appointed by the

court who is entitled to compensation shall be

compensated from the court fund of the court having

jurisdiction,

b. the cost of services provided by a person conducting

an evaluation, when such person is the employee of a

public agency or the employee of a private agency

which provides such services for guardianship

proceedings pursuant to an agreement with a public

agency, shall be borne by the public agency, or by the

private agency in accordance with the terms of such

agreement, and

c. if the person conducting an evaluation is a private

individual or agency and the cost of the services

provided is not otherwise compensable under a state or

federal public assistance program, compensation for

the cost of services shall be from the court fund of

the court having jurisdiction.

3. Compensation or reimbursement from the court fund for

attorneys and guardian ad litem pursuant to the provisions of this

subsection shall be in accordance with the provisions of Section

1304 of Title 20 of the Oklahoma Statutes.

C. All compensation and reimbursements pursuant to the

provisions of this section shall be approved by the court prior to

payment.

D. Contingent fees and contracts for recovery of property

agreed upon and approved by courts or the ranking official

Oklahoma Statutes - Title 30. Guardian and Ward Page 93

representing the Secretary of the Interior in Oklahoma, who has

supervision of any restricted Indian tribe in this state do not come

within the provisions of the Oklahoma Guardianship and

Conservatorship Act.
Okla. Stat. tit. 30, § 30-4-756 — OK Code / Title 30 / Section 30-4-756
Mailing or publication of order - Waiver of notice
Status: in_force

Oklahoma Statutes - Title 30. Guardian and Ward Page 104

The court shall cause copies of said order to be mailed to the

persons entitled to notice of the proceeding at least ten (10) days

before the hearing on the petition. If the mailing address of any

such person is unknown, a copy of the order must be published one

time in some newspaper in the county of the court having

jurisdiction over the case, and the hearing of said petition shall

not be less than ten (10) days from the date of the first

publication of such notice. If written consent to making the order

of sale is given by all persons entitled to notice, except the ward

if the ward has been adjudicated to be fully incapacitated, said

order of sale may be made at once without giving the notice.

R.L. 1910, § 6559. Amended by Laws 1927, c. 83, p. 127, § 1; Laws

1953, p. 246, § 75; Laws 1969, c. 302, § 28, eff. Jan. 1, 1970; Laws

1988, c. 329, § 104, eff. Dec. 1, 1988. Renumbered from Title 58, §

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

1992, c. 395, § 3, eff. Sept. 1, 1992.
Okla. Stat. tit. 30, § 30-4-607 — OK Code / Title 30 / Section 30-4-607
Order for removal discharges local guardian
Status: in_force

Such order is a discharge of the personal representative, local

guardian, or other person in whose possession the property may be at

the time the order is made, on filing with the district court the

receipt therefor of the foreign guardian of such absent ward.

R.L. 1910, § 6576. Renumbered from Title 58, § 866 by Laws 1988, c.

329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 66,

operative July 1, 1990.
Okla. Stat. tit. 30, § 30-4-305 — OK Code / Title 30 / Section 30-4-305
Report on guardianship of person - Requirements -
Status: in_force

attachments.

A. A report on the guardianship of the person of an

incapacitated or partially incapacitated person shall set forth:

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

address of the guardian or limited guardian;

2. Any significant change in the capacity of the ward to meet

the essential requirements for his physical health or safety;

3. The services being provided to the ward and the relationship

of those services to the individual guardianship plan;

4. Any significant actions taken by the guardian or limited

guardian or guardian during the reporting period;

5. Any significant problems relating to the guardianship which

have arisen during the reporting period;

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

continued; and

7. The reasons, if any, why no less restrictive alternative

will permit the incapacitated or partially incapacitated person to

meet the essential requirements for his physical health or safety.

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

Report on the Guardianship of the Person

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

for (Name) , an (incapacitated/partially incapacitated) person

hereby submit this (annual, court-ordered) Guardianship Report.

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

_________________________________________________________

_________________________________________________________

2. The type of home or facility in which the ward lives is

_________________________ and the name of the person in charge of

the home or facility is _____________________________

3. My present street address and telephone number is:

________________________________________________________

4. During the last year, I have seen the ward _______ times. I

otherwise or also have become or remained familiar with the needs

and care of the ward as follows: ___________________________

The nature of my visits to the ward have been:

Oklahoma Statutes - Title 30. Guardian and Ward Page 83

____________________________________________________________

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

_____________________________________________________________

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

Guardianship Plan. The reason they are not shown in the current

Guardianship Plan is: ___________________________________

7. The ward was last seen by a physician on: __________________ The

purpose of the visit was: ____________________________

8. I (have, have not) observed any major change in the ward's

physical or mental condition during the last year. (If so,) these

are my observations:

_______________________________________________________________

_______________________________________________________________

9. I (have, have not) taken any significant action for or on behalf

of the ward since the last time I submitted a Guardianship Report.

(If so,) I took the following actions:

_______________________________________________________________

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

to the ward or to my guardianship of the ward since the last time I

submitted a Guardianship Report or, if this is an initial report,

since the issuance of my letters. (If so,) I have observed these

problems:

_______________________________________________________________

11. It is my opinion that the guardianship (should, should not) be

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

_______________________________________________________________

12. I believe the ward (would, would not) be able to manage

essential requirements for physical health and safety with fewer

restrictions on the ward's ability to act for himself or herself.

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

_______________________________________________________________

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

follows:

_______________________________________________________________

14. The place of abode of the ward (has, has not) changed since the

last guardianship report. (If so,) the place of abode of the ward

was changed for the following reasons:

_______________________________________________________________

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

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

to the penalties of making a false affidavit or declaration.

Date: _______ ____________________________________________

(Signature of Guardian or Limited Guardian)

Telephone: _________________________

C. Whenever there are changes or proposed changes to the

guardianship plan, an individual guardianship plan, substantially in

the same form as provided in Section 3-120 of this title, shall be

Oklahoma Statutes - Title 30. Guardian and Ward Page 84

submitted with the guardianship report and shall show any such

changes or proposed changes in the guardianship plan since last

submitted to and approved by the court.

D. Attached to the report shall be:

1. An accounting of any monies received by the guardian or

limited guardian on behalf of the ward;

2. Any expenditures made by the limited guardian or guardian on

behalf of the ward;

3. Any compensation requested by the guardian or limited

guardian; and

4. Copies of any appropriate medical records, evaluations, or

other similar documentation pertinent to the reporting period.
Okla. Stat. tit. 30, § 30-4-761 — OK Code / Title 30 / Section 30-4-761
Costs awarded prevailing party on hearing of objections
Status: in_force

to order.

If any person entitled to notice of the proceeding enters an

objection to the requests made in the petition, the court may, in

granting or refusing the order requested by the petition, award

costs to the prevailing party, and enforce the payment thereof.

R.L. 1910, § 6562. Amended by Laws 1953, p. 247, § 76; Laws 1988,

c. 329, § 108, eff. Dec. 1, 1988. Renumbered from Title 58, § 830

by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-4-708 — OK Code / Title 30 / Section 30-4-708
Investment of money and proceeds of sales
Status: in_force

The district court, on the application of a guardian or any

person interested in the estate of any ward, after such notice to

persons interested therein as the judge shall direct, may authorize

and require the guardian to invest the proceeds of sales, and any

other of his ward's money in his hands, in real estate, or in any

other manner most to the interest of all concerned therein; and the

district court may make such other orders and give such directions

as are needful for the management, investment and disposition of the

estate and effects, as circumstances require.

Oklahoma Statutes - Title 30. Guardian and Ward Page 99

R.L. 1910, § 6569. Renumbered from Title 58, § 811 by Laws 1988, c.

329, § 134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-3 — OK Code / Title 30 / Section 30-3
Renumbered as § 1-108 of this title by Laws 1988, c. 329, §
Status: in_force

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-2-101 — OK Code / Title 30 / Section 30-2-101
When guardian of minor to be appointed - Petition -
Status: in_force

Notice.

A. The court of each county, when it appears necessary or

convenient, may appoint guardians for the persons and estates, or

either, or both of them, of minors. When appointing guardians,

preference shall be given to relatives and persons who have a

kinship relationship with the minor.

B. Such appointment may be made on the verified petition of a

relative or other person in behalf of such minor.

C. 1. Before making the appointment, the court may receive an

investigation and report regarding the background and home of the

prospective guardian. The investigation and report of the

prospective guardian and placement restrictions and requirements

shall be made pursuant to the requirements of the Oklahoma Adoption

Code. In determining whether to require a home study pursuant to

Oklahoma Statutes - Title 30. Guardian and Ward Page 19

the provisions of this paragraph, the court shall balance the need

for a home study to protect the best interests of the minor with the

ability of the prospective guardian to pay for the home study.

2. a. Costs of the home study shall be assessed against any

private child-placing agency having custody of the

child, or the person having legal custody of the child

or the prospective guardians of the child.

b. (1) For any child in the custody of the Department of

Human Services or the Office of Juvenile Affairs,

the applicable Department shall conduct or

provide for the home study for such child as

required by the Oklahoma Children’s Code or the

Oklahoma Juvenile Code.

(2) The Department of Human Services or the Office of

Juvenile Affairs shall not be required by any

court to conduct or provide for a home study and

report to the court on guardianship placements

for any child that is not in the custody of

either Department.

3. An order appointing a guardian of the minor who has a parent

living or other person legally responsible for the child shall

comply with the provisions of Section 2-108 of this title.

4. Except in the case of an emergency guardianship placement,

the court shall receive a background check for a prospective

guardian and all other household members eighteen (18) years of age

and older, consisting of a review of a national fingerprint-based

criminal background check or an Oklahoma State Bureau of

Investigation name-based criminal history background check, a search

of the Department of Corrections’ files maintained pursuant to the

Sex Offenders Registration Act, and a search of the child abuse and

neglect information system (CANIS) maintained for review by

authorized entities by the Department of Human Services. The

Department may charge a fee not to exceed Thirty-five Dollars

($35.00) for each search performed pursuant to this paragraph. In

the case of an emergency placement, the court may waive the

requirement for a CANIS search if it cannot be obtained in a

reasonable time and the court determines that it is in the minor’s

best interest that the CANIS search be waived.

D. In addition, before making the appointment, the court must

cause notice of the hearing on the petition for appointment of a

guardian for a minor to be given in the form required by the court

to the minor if the minor has attained the age of fourteen (14) as

of the date the petition is filed. The court shall also cause

notice to be sent to the following persons:

1. The then-living parents of the minor and any other person

having custody of the minor, if such parent or person is not one of

the petitioners;

Oklahoma Statutes - Title 30. Guardian and Ward Page 20

2. If the minor has no then-living parent, then to one of the

then-living grandparents who is not one of the petitioners and who

is not married to one of the petitioners; and

3. If there is no such then-living grandparent or if there is

no such then-living grandparent whose address is known to the

petitioner, then notice shall be given to an adult relative, if any,

of the minor residing in the county in which the petition was filed.

E. Such notice shall be mailed to each person entitled to

notice pursuant to this section, at that person’s address as last-

known to the petitioner, at least ten (10) days prior to the date

set by the court for hearing on the petition. Provided, the court

may direct a shorter notice period if the court deems such shorter

notice period to be appropriate under the circumstances. If there

is no person other than the minor who is entitled to notice, or if

the address of any person, other than the minor, who is entitled to

notice is not known to the petitioner, the petition shall so allege.

The court may direct that notice, other than notice to the minor if

the minor has attained the age of fourteen (14), be waived or be

given to any person or persons other than the minor in such manner

as the court determines and directs.

R.L. 1910, § 6522. Amended by Laws 1953, p. 244, § 64; Laws 1969,

c. 302, § 27, eff. Jan. 1, 1970; Laws 1988, c. 329, § 25, eff. Dec.

1, 1988. Renumbered from § 761 of Title 58 by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 19,

operative July 1, 1990; Laws 2004, c. 158, § 1; Laws 2018, c. 196, §

1, eff. Nov. 1, 2018; Laws 2019, c. 401, § 1, eff. Nov. 1, 2019;
Okla. Stat. tit. 30, § 30-4-763 — OK Code / Title 30 / Section 30-4-763
Sale bond by guardian
Status: in_force

Every guardian authorized to sell real estate shall, before the

sale, give bond to the State of Oklahoma, with sufficient surety to

be approved by the court, with condition to sell the same in the

manner and to account for the proceeds of the sale as provided for

by the Oklahoma Guardianship and Conservatorship Act. The court may

order that such bond is not required if the court specifically finds

that the general bond, if any, of the guardian is of a sufficient

penal amount to provide for the proceeds of the sale in addition to

the property secured by said bond or upon a finding by the court

that:

Oklahoma Statutes - Title 30. Guardian and Ward Page 106

1. The anticipated annual income to a ward for one (1) year

plus the value of the personal property of the ward, after sale, is

less than Forty Thousand Dollars ($40,000.00); and

2. The guardian of the ward is either a parent, spouse,

brother, sister, grandparent, child or grandchild of the ward.

R.L. 1910, § 6564. Amended by Laws 1953, p. 247, § 77; Laws 1963,

c. 147, § 1; Laws 1987, c. 164, § 7, operative July 1, 1987; Laws

1988, c. 329, § 110, eff. Dec. 1, 1988. Renumbered from Title 58, §

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

1989, c. 270, § 3, eff. Nov. 1, 1989; Laws 1990, c. 323, § 70,

operative July 1, 1990; Laws 1994, c. 234, § 7, eff. Sept. 1, 1994.
Okla. Stat. tit. 30, § 30-3-220 — OK Code / Title 30 / Section 30-3-220
Validation of prior conservatorships
Status: in_force

All conservatorships created prior to the effective date of the

Oklahoma Guardianship and Conservatorship Act, Section 1-101 et seq.

Oklahoma Statutes - Title 30. Guardian and Ward Page 63

of this title, with the consent of the person for whose property a

conservator was appointed, are hereby validated. Each such

conservatorship shall be presumed to have been created by consent

unless otherwise established by documents filed in the

conservatorship action or by other evidence.
Okla. Stat. tit. 30, § 30-3-322 — OK Code / Title 30 / Section 30-3-322
Application of act
Status: in_force

(a) This act applies to guardianship and protective proceedings

begun on or after the effective date of this act.

(b) Articles 1, 3, and 4 and Sections 21 and 22 of this act

apply to proceedings begun before the effective date of this act,

regardless of whether a guardianship or protective order has been

issued.
Okla. Stat. tit. 30, § 30-4-902 — OK Code / Title 30 / Section 30-4-902
Citation for concealment or embezzlement
Status: in_force

Upon complaint made to the court by any guardian, ward,

creditor, or other person interested in the estate, or having a

Oklahoma Statutes - Title 30. Guardian and Ward Page 112

prospective interest therein as heir or otherwise, against anyone

suspected of having concealed, or conveyed away any of the money,

goods or effects, or an instrument in writing, belonging to the ward

or to his estate, the court may require such suspected person to

appear before the court, and may examine and proceed with such

person on such charge in the manner provided by law with respect to

persons suspected of, and charged with, concealing or embezzling the

effects of a decedent.

R.L. 1910, § 6577. Amended by Laws 1988, c. 329, § 124, eff. Dec.

1, 1988. Renumbered from Title 58, § 892 by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 78,

operative July 1, 1990.
Okla. Stat. tit. 30, § 30-3-304 — OK Code / Title 30 / Section 30-3-304
Requests between courts in guardianship or protective
Status: in_force

proceedings.

(a) In a guardianship or protective proceeding in this state, a

court of this state may request the appropriate court of another

state to do any of the following:

(1) Hold an evidentiary hearing;

(2) Order a person in that state to produce evidence or give

testimony pursuant to procedures of that state;

(3) Order that an evaluation or assessment be made of the

respondent;

(4) Order any appropriate investigation of a person involved in

a proceeding;

(5) Forward to the court of this state a certified copy of the

transcript or other record of a hearing under paragraph (1) of this

subsection or any other proceeding, any evidence otherwise produced

under paragraph (2) of this subsection, and any evaluation or

assessment prepared in compliance with an order under paragraph (3)

or (4) of this subsection;

(6) Issue any order necessary to assure the appearance in the

proceeding of a person whose presence is necessary for the court to

make a determination, including the respondent or the incapacitated

or protected person;

(7) Issue an order authorizing the release of medical,

financial, criminal, or other relevant information in that state,

including protected health information as defined in 45 C.F.R.

Section 164.504, as amended.

Oklahoma Statutes - Title 30. Guardian and Ward Page 65

(b) If a court of another state in which a guardianship or

protective proceeding is pending requests assistance of the kind

provided in subsection (a) of this section, a court of this state

has jurisdiction for the limited purpose of granting the request or

making reasonable efforts to comply with the request.
Okla. Stat. tit. 30, § 30-4-764 — OK Code / Title 30 / Section 30-4-764
Sales governed by same law as in estates of decedents
Status: in_force

Except as otherwise specifically provided by the Oklahoma

Guardianship and Conservatorship Act, all the proceedings pursuant

to petitions of guardians for sales of property of their wards,

giving notice and the hearing of such petitions, granting and

refusing an order of sale, directing the sale to be made at public

or private sale, reselling the same property, return of sale and

application for confirmation thereof, notice and hearing of such

application, making orders, rejecting or confirming sales and

reports of sales and ordering and making conveyances of property

sold shall be had and made as provided and required by the

provisions of law concerning the estates of decedents.

R.L. 1910, § 6565. Amended by Laws 1953, p. 247, § 78; Laws 1961,

p. 441, § 1; Laws 1988, c. 329, § 111, eff. Dec. 1, 1988.

Renumbered from Title 58, § 833 by Laws 1988, c. 329, § 134, eff.

Dec. 1, 1988. Amended by Laws 1990, c. 323, § 71, operative July 1,

1990.
Okla. Stat. tit. 30, § 30-4-705 — OK Code / Title 30 / Section 30-4-705
Management of estate - Income applied for support of
Status: in_force

ward - Sale of realty.

Every guardian must manage the estate of his ward frugally and

without waste, and apply the income and profits thereof, as far as

may be necessary, for the comfortable and suitable maintenance and

support of the ward, and his family, if there be any; and if such

income and profits be insufficient for that purpose, the guardian

may sell the real estate, upon obtaining an order of the district

court therefor, as provided, and must apply the proceeds of such

sale, as far as may be necessary, for the maintenance and support of

the ward and his family, if there be any.

Oklahoma Statutes - Title 30. Guardian and Ward Page 98

R.L. 1910, § 6544. Renumbered from Title 58, § 805 by Laws 1988, §

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-2-116 — OK Code / Title 30 / Section 30-2-116
Delivery of up to $10,000 of minor's estate to
Status: in_force

custodian, parent or minor.

A. 1. When the whole estate of a minor does not exceed the

value of Ten Thousand Dollars ($10,000.00), the court may, in its

discretion, without the appointment of a guardian or the giving of

bond, authorize and direct:

a. the delivery of the property or any portion thereof to

one or more custodians pursuant to the Oklahoma

Uniform Transfers to Minors Act or to one or more

other custodians designated by the court, or

b. the payment or delivery of the property or any portion

thereof to the parent of the minor, or to the person

having the care or custody of the minor, or to the

minor. The person receiving the property shall pay

necessary expenses of the minor and hold, manage, and

dispose of the property in the manner directed by the

court.

2. When the whole estate of a minor exceeds the value of Ten

Thousand Dollars ($10,000.00), the court may, in its discretion,

without the appointment of a guardian or the giving of bond,

authorize and direct:

a. the delivery of property having a value of up to Ten

Thousand Dollars ($10,000.00) to one or more

custodians pursuant to the Oklahoma Uniform Transfers

Oklahoma Statutes - Title 30. Guardian and Ward Page 26

to Minors Act or to one or more other custodians

designated by the court, or

b. the payment or delivery of up to Ten Thousand Dollars

($10,000.00) of the property or any portion thereof to

the parent of the minor, or to the person having the

care or custody of the minor, or to the minor. The

person receiving the property shall pay necessary

expenses of the minor and hold, manage, and dispose of

the property in the manner directed by the court.

B. The person making payment, delivery, transfer or issuance of

property or evidence thereof to the individual or custodian

designated by the court pursuant to this section is discharged and

released to the same extent as if payment, delivery, transfer, or

issuance was made to a guardian of the minor, and the person is not

required to see to the application thereof. A person making

payment, delivery, transfer, or issuance of property, or evidence

thereof, to a next friend or guardian ad litem may be discharged and

released as provided for by this act.
Okla. Stat. tit. 30, § 30-3-319 — OK Code / Title 30 / Section 30-3-319
Use of authorized powers
Status: in_force

(a) Upon registration of a guardianship or protective order

from another state, the guardian or conservator may exercise in this

state all powers authorized in the order of appointment except as

prohibited under the laws of this state, including maintaining

actions and proceedings in this state and, if the guardian or

conservator is not a resident of this state, subject to any

conditions imposed upon nonresident parties.

(b) A court of this state may grant any relief available under

this act and other law of this state to enforce a registered order.
Okla. Stat. tit. 30, § 30-3-119 — OK Code / Title 30 / Section 30-3-119
Limitation of powers of guardian
Status: in_force

A guardian shall have no powers except as provided by the

Oklahoma Statutes or given to such guardian in the orders in the

guardianship proceeding. This limitation of powers includes but is

not limited to the following:

1. No guardian shall have the power to consent on behalf of the

ward to the withholding or withdrawal of life-sustaining procedures

as provided in the Oklahoma Advance Directive Act from the ward,

except, in accordance with Section 3102.4 of Title 63 of the

Oklahoma Statutes:

a. with specific authorization of the court having

jurisdiction over the guardianship proceedings which

authorization must be granted in a separate order and

only at such time as the ward is in need of life-

sustaining treatment, and must include specific

findings of fact and conclusions of law based on the

standard established in Section 3101.16 of Title 63 of

the Oklahoma Statutes,

b. as authorized by an advance directive executed

pursuant to the Oklahoma Advance Directive Act,

c. as authorized by a consent not to resuscitate made

pursuant to the Oklahoma Do-Not-Resuscitate Act, or

d. to receive hospice services as authorized by a

licensed physician who determines the ward is

terminally ill, as defined in Section 1-860.2 of Title

63 of the Oklahoma Statutes, provided that withholding

or withdrawal of life-sustaining procedures can be

authorized only in accordance with the provisions of

this paragraph;

2. No guardian or court having jurisdiction of the guardianship

proceeding shall have the power to consent on behalf of the ward or

order the consent on behalf of the ward to the termination or

relinquishment of parental rights of the ward;

3. Except in an emergency and only as necessary to preserve the

life of the ward, no guardian shall have the power to consent on

behalf of the ward to an abortion, psychosurgery, removal of a

bodily organ, performance of any experimental biomedical or

behavioral procedure, or participation in any biomedical or

behavioral experiment, except with specific authorization of the

court having jurisdiction of the guardianship proceeding;

4. No guardian shall have the power to prohibit the marriage or

divorce of a ward except with specific authorization of the court

having jurisdiction of the guardianship proceeding; and

5. No guardian shall have the power to consent on behalf of the

ward to placement of the ward in a facility or institution to which

a person without a guardian would have to be committed pursuant to

Oklahoma Statutes - Title 30. Guardian and Ward Page 55

the laws of this state absent formal commitment proceedings in which

the ward has independent counsel.
Okla. Stat. tit. 30, § 30-4-204 — OK Code / Title 30 / Section 30-4-204
Preservation of bonds - Breach of condition - Actions on
Status: in_force

bonds.

Every bond given by a guardian must be filed and preserved in

the office of the district court clerk, and in case of a breach of a

condition thereof, may be prosecuted for the use and benefit of the

ward or of any person interested in the person or estate of the

ward.

R.L. 1910, § 6581. Amended by Laws 1953, p. 246, § 71; Laws 1988,

c. 329, § 79, eff. Dec. 1, 1988. Renumbered from Title 58, § 780 by
Okla. Stat. tit. 30, § 30-4-903 — OK Code / Title 30 / Section 30-4-903
Reporting of abuse, neglect or exploitation - Violation
Status: in_force

and penalty - Civil liability.

A. 1. Any person having reasonable cause to believe that an

incapacitated person, a partially incapacitated person, or a minor

is suffering from abuse, neglect, or exploitation shall make a

report to the Department of Human Services, the office of the

district attorney in the county in which the suspected abuse,

neglect, or exploitation occurred, or the local municipal police

department or sheriff's department as soon as such person is aware

of the situation.

2. With regard to minors, the use of ordinary force as a means

of discipline pursuant to Section 844 of Title 21 of the Oklahoma

Statutes shall not constitute abuse.

3. Reports regarding the abuse, neglect, or exploitation of an

incapacitated person, or a partially incapacitated person shall be

made and shall be governed by the provisions of the Protective

Services for Vulnerable Adults Act. Reports regarding the abuse,

neglect, or exploitation of a minor shall be made and shall be

governed by the Oklahoma Child Abuse Reporting and Prevention Act.

B. Any person who knowingly and willfully fails to promptly

report any abuse, neglect, or exploitation as required by the

provisions of subsection A of this section, upon conviction, shall

be guilty of a misdemeanor.

C. Any person participating in good faith and exercising due

care in the making of a report pursuant to the provisions of this

section shall have immunity from any civil or criminal liability

that might otherwise be incurred or imposed. Any such participant

shall have the same immunity with respect to participation in any

judicial proceeding resulting from such report.

D. Any person who willfully or recklessly makes a false report

or a report without a reasonable basis in fact for such a report

pursuant to the provisions of this section shall be civilly liable

for any actual damages suffered by the person or persons being

Oklahoma Statutes - Title 30. Guardian and Ward Page 113

reported and for any punitive damages set by the court or jury which

may be allowed in the discretion of the court or jury.

E. No employer shall terminate the employment, prevent or

impair the practice or occupation of, or impose any other sanction

on any employee solely for the reason that the employee made or

caused to be made a report or cooperated with an investigation

pursuant to the provisions of this section. A court, in addition to

other damages and remedies, may assess reasonable attorney fees

against an employer who has been found to have violated the

provisions of this subsection.
Okla. Stat. tit. 30, § 30-3-105 — OK Code / Title 30 / Section 30-3-105
Court appointment where nominee is unable, unwilling or
Status: in_force

cannot qualify to serve.

In the event the person nominated is unable, unwilling, or

cannot qualify to so serve, the court shall make a finding of such

fact and shall proceed to the appointment of a guardian as if such

nomination had not been made, taking into account any alternative

guardian named in the nomination.
Okla. Stat. tit. 30, § 30-2 — OK Code / Title 30 / Section 30-2
Renumbered as § 1-107 of this title by Laws 1988, c. 329, §
Status: in_force

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-3-301 — OK Code / Title 30 / Section 30-3-301
Short title
Status: in_force

This act shall be known and may be cited as the "Uniform Adult

Guardianship and Protective Proceedings Jurisdiction Act".
Okla. Stat. tit. 30, § 30-1-108 — OK Code / Title 30 / Section 30-1-108
Guardians classified
Status: in_force

Guardians are either:

1. General;

2. Limited; or

3. Special.

R.L. 1910, § 3323. Amended by Laws 1988, c. 329, § 8, eff. Dec. 1,

1988. Renumbered from § 3 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 5,

operative July 1, 1990.

Oklahoma Statutes - Title 30. Guardian and Ward Page 7
Okla. Stat. tit. 30, § 30-4-766 — OK Code / Title 30 / Section 30-4-766
Terms of sale - Security
Status: in_force

All sales of real estate of wards must be for cash, or for part

cash and part deferred payments not to exceed ten (10) years,

bearing interest from date of sale as, in the discretion of the

court, is most beneficial to the ward. A guardian making a sale of

real property shall demand and receive from the purchasers a note

and mortgage on the real estate sold, with such additional security,

Oklahoma Statutes - Title 30. Guardian and Ward Page 107

if any, as the court deems necessary and sufficient to secure the

faithful payment of the deferred payments and the interest thereon.

R.L. 1910, § 6567. Amended by Laws 1975, c. 11, § 1, eff. Oct. 1,

1975; Laws 1988, c. 329, § 113, eff. Dec. 1, 1988. Renumbered from

Title 58, § 835 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-1-121 — OK Code / Title 30 / Section 30-1-121
Guardian of the property - Power - Fiduciary duty
Status: in_force

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

his ward. He must not permit any unnecessary waste or destruction

of the real property, nor make any sale of such property without the

order of the court, but must so far as it is in his power, maintain

the same, with its buildings and appurtenances, out of the income or

other property of the estate, and deliver it to the ward or the

successors of the ward at the close of his guardianship, in as good

condition as he received it.

B. A guardian of the property, in relation to powers conferred

pursuant to the provisions of the Oklahoma Guardianship and

Conservatorship Act, shall act as a fiduciary and shall perform,

diligently and in good faith, as a prudent person would in managing

his own property, not with regard to speculation but with regard to

conservation and growth, and the specific duties and powers assigned

by the court.

R.L. 1910, § 3335. Amended by Laws 1988, c. 329, § 21, eff. Dec. 1,

1988. Renumbered from § 16 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 18,

operative July 1, 1990.
Okla. Stat. tit. 30, § 30-2-105 — OK Code / Title 30 / Section 30-2-105
Appointment when ward's nominee ineligible
Status: in_force

If a guardian nominated by a minor who has attained the age of

fourteen (14) years is not approved by the court or if, after being

notified by the court, the minor neglects for ten (10) days to

nominate a suitable person, the court may name and appoint a

guardian in the same manner as if the minor was under the age of

fourteen (14) years.

R.L. 1910, § 6524. Amended by Laws 1988, c. 329, § 29, eff. Dec. 1,

1988. Renumbered from Title 58, § 763 by Laws 1988, c. 329, § 134,

eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-4-804 — OK Code / Title 30 / Section 30-4-804
Termination of guardianship when unnecessary
Status: in_force

The guardian of an incapacitated or partially incapacitated

person or minor may be discharged by the court when it appears to

the court, on the application of the ward or otherwise, that the

guardianship is no longer necessary.

R.L. 1910, § 6579. Amended by Laws 1988, c. 329, § 121, eff. Dec.

1, 1988. Renumbered from Title 58, § 876 by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-3-118 — OK Code / Title 30 / Section 30-3-118
Duties and powers of guardian or limited guardian
Status: in_force

A. A guardian or limited guardian of the person of an

incapacitated or partially incapacitated person is responsible for

the care or control of the ward pursuant to the provisions of the

Oklahoma Guardianship and Conservatorship Act, and the orders of the

court, and the guardianship plan approved by the court and shall

perform diligently and in good faith any specific duties and powers

assigned by the court.

B. 1. A guardian or limited guardian of the person of an

incapacitated or partially incapacitated person shall:

a. become or remain sufficiently acquainted with the ward

and maintain sufficient contact with the ward to know

of the capacities, limitations, needs, opportunities,

and physical and mental health of the ward;

b. assure that the ward has a place of abode in the least

restrictive, most normal setting consistent with the

requirements for his health or safety; and

c. provide any required consents or approvals on behalf

of the ward as authorized by the court.

2. A guardian or limited guardian of the person, if consistent

with the terms of an order of the court, may:

a. if no guardian of the property or conservator for the

estate of the ward has been appointed, institute

proceedings, including administrative proceedings, or

take other appropriate action to compel the

performance by any person of a duty to support the

ward or to pay sums for the welfare of the ward; and

b. consent to routine or necessary medical or other

professional care, treatment, or advice for the ward

without liability by reason of the consent for injury

to the ward resulting from the negligence or acts of

third persons unless a parent would have been liable

in the circumstances.

C. If satisfied that the incapacity or partial incapacity of

the ward has ceased, the guardian or limited guardian shall file a

petition requesting a determination on the restoration to capacity

of the ward and the termination of the guardianship.
Okla. Stat. tit. 30, § 30-3-117 — OK Code / Title 30 / Section 30-3-117
Presumption of capacity when guardian discharged without
Status: in_force

appointment of another.

Whenever a guardian or limited guardian who has been appointed

for an incapacitated or partially incapacitated person has been

discharged by the final order of a court having jurisdiction

thereof, and no other guardian has been appointed for said person by

a court of competent jurisdiction, the person for whom said guardian

had been appointed shall be presumed to be fully restored and shall

be presumed to be fully capable and competent to make contracts and

Oklahoma Statutes - Title 30. Guardian and Ward Page 53

transact any and all business as though said person had never been

declared to be incapacitated or partially incapacitated.
Okla. Stat. tit. 30, § 30-1-122 — OK Code / Title 30 / Section 30-1-122
Confidential information filed with court
Status: in_force

A. Confidential information filed with or submitted to the

court in conjunction with any proceeding pursuant to the Oklahoma

Guardianship and Conservatorship Act, shall not constitute a public

record and shall be sealed by the court. Access to confidential

information shall be strictly controlled. Except upon court order,

no confidential information shall be disclosed to persons other

than:

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

2. The guardian ad litem;

Oklahoma Statutes - Title 30. Guardian and Ward Page 17

3. If the subject of the confidential information is a ward,

the guardian or conservator of such ward;

4. If the subject of the confidential information is the

guardian or conservator, the ward and the subject’s attorney, and

the attorney of such guardian or conservator;

5. Abstractors licensed pursuant to the Oklahoma Abstractors

Law, for the purpose of having access to records regarding minors

and determinations of persons as incapacitated or partially

incapacitated persons pursuant to the Oklahoma Guardianship Act.

Abstractors shall maintain the confidentiality of this data, except

for such parts as are relevant to the land title being researched;

6. An authorized representative of the United States Department

of Veterans Affairs upon presentation of proper identification;

7. An authorized representative of the Department of Human

Services upon presentation of proper identification; and

8. An authorized representative of the State Department of

Health including, but not limited to, an authorized representative

of the Office of Client Advocacy, upon presentation of proper

identification.

B. The fact of the existence of a guardianship or

conservatorship of a person or that person’s estate shall not be

considered confidential information.
Okla. Stat. tit. 30, § 30-3-216 — OK Code / Title 30 / Section 30-3-216
Discharge of conservator - Accounting
Status: in_force

A conservator may be discharged by the court upon the

application of the ward or otherwise upon such notice to the

conservator and next of kin of said ward as the court may determine

reasonable and proper, when it appears that the conservatorship is

no longer necessary. In the event of the death, resignation or

removal of a conservator, the court, on the application of the

former ward and upon such notice to the next of kin of said ward as

the court may order, may certify that said ward is discharged by

operation of law if it appears that the conservatorship of said ward

is no longer necessary. Upon the termination of a conservatorship,

a conservator shall account to the court as otherwise provided by

the Oklahoma Guardianship and Conservatorship Act for guardians of

property.
Okla. Stat. tit. 30, § 30-1-120 — OK Code / Title 30 / Section 30-1-120
Power of guardian of the person - Report of change of
Status: in_force

ward's abode - Power of limited guardians.

Oklahoma Statutes - Title 30. Guardian and Ward Page 16

A. A guardian, including a special guardian, of the person is

charged with the custody of the ward, and must look to the support,

health and education of the ward. Except as provided by Section 3-

113 of this title, he may fix the place of abode of the ward at any

place within the county, but not elsewhere, without permission of

the court and any change in the place of abode of a ward within the

county shall be reported to the court.

B. Limited guardians of partially incapacitated persons shall

not have custody of the person of the ward and shall have only those

powers or controls over the person of the ward specifically ordered

in a dispositional order or other order of the court.

R.L. 1910, § 3334. Amended by Laws 1988, c. 329, § 20, eff. Dec. 1,

1988. Renumbered from § 15 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 17,

operative July 1, 1990.
Okla. Stat. tit. 30, § 30-3-303 — OK Code / Title 30 / Section 30-3-303
Communication between courts
Status: in_force

(a) A court of this state may communicate with a court in

another state concerning a proceeding arising under this act. The

court may allow the parties to participate in the communication.

Except as otherwise provided in subsection (b) of this section, the

court shall make a record of the communication. The record may be

limited to the fact that the communication occurred.

(b) Courts may communicate concerning schedules, calendars,

court records, and other administrative matters without making a

record.
Okla. Stat. tit. 30, § 30-3-311 — OK Code / Title 30 / Section 30-3-311
Factors for declining jurisdiction
Status: in_force

(a) A court of this state having jurisdiction under Section 8

of this act to appoint a guardian or issue a protective order may

decline to exercise its jurisdiction if it determines at any time

that a court of another state is a more appropriate forum.

(b) If a court of this state declines to exercise its

jurisdiction under subsection (a) of this section, it shall either

dismiss or stay the proceeding. The court may impose any condition

Oklahoma Statutes - Title 30. Guardian and Ward Page 68

the court considers just and proper, including the condition that a

petition for the appointment of a guardian or issuance of a

protective order be filed promptly in another state.

(c) In determining whether it is an appropriate forum, the

court shall consider all relevant factors, including:

(1) Any expressed preference of the respondent;

(2) Whether abuse, neglect, or exploitation of the respondent

has occurred or is likely to occur and which state could best

protect the respondent from the abuse, neglect, or exploitation;

(3) The length of time the respondent was physically present in

or was a legal resident of this or another state;

(4) The distance of the respondent from the court in each

state;

(5) The financial circumstances of the respondent’s estate;

(6) The nature and location of the evidence;

(7) The ability of the court in each state to decide the issue

expeditiously and the procedures necessary to present evidence;

(8) The familiarity of the court of each state with the facts

and issues in the proceeding; and

(9) If an appointment were made, the court’s ability to monitor

the conduct of the guardian or conservator.
Okla. Stat. tit. 30, § 30-20 — OK Code / Title 30 / Section 30-20
Renumbered as § 4-802 of this title by Laws 1988, c. 329, §
Status: in_force

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-1-101 — OK Code / Title 30 / Section 30-1-101
Short title
Status: in_force

Sections 1-101 through 5-101 of this title shall be known and

may be cited as the "Oklahoma Guardianship and Conservatorship Act".
Okla. Stat. tit. 30, § 30-3-110 — OK Code / Title 30 / Section 30-3-110
Notice of hearing
Status: in_force

A. The court shall cause notice to be served of the time and

place of the hearing on the petition requesting the appointment of a

guardian for an incapacitated or partially incapacitated person on:

1. The subject of the proceeding; and

2. The following persons, other than the petitioner, who are

known to the petitioner or whose existence and address can be

ascertained by the petitioner with reasonably diligent efforts:

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

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

proceeding,

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

d. if there is no such adult child, the then living

parent or parents of the subject of the proceeding, or

e. if there is no such parent, all adult brothers and

sisters of the subject of the proceeding, and all

adult children of any deceased brothers or sisters of

the subject of the proceeding, and all adult

grandchildren of the subject of the proceeding;

Oklahoma Statutes - Title 30. Guardian and Ward Page 45

3. In case no person listed in paragraph 2 of this subsection

is given notice, notice shall be given to at least one and not more

than three of the nearest adult relatives of the subject of the

proceeding who are known to the petitioner or whose existence and

address can be ascertained with reasonably diligent efforts;

4. If not the petitioner, any person or organization which, in

the petition, is proposed to serve as guardian or limited guardian

or, to the extent such nomination is known to the petitioner, who is

nominated by will or other writing to serve as guardian or limited

guardian;

5. To the extent known to the petitioner:

a. the person or facility having care or custody of the

subject of the proceeding, and

b. the Department of Human Services or the Department of

Mental Health and Substance Abuse Services, if the

Departments are providing services to the subject of

the proceeding;

6. As appropriate, the Secretary of the United States

Department of Veterans Affairs if the subject of the proceeding is a

veteran and is reasonably believed to be eligible for or in receipt

of benefits or services from the Department; and

7. Any other person as directed by the court.

B. A copy of the pleading which gave rise to the notice shall

be attached to any notice served pursuant to this section.

C. Except for actions appointing a special guardian pursuant to

Section 3-115 of this title:

1. Notice shall be served personally on the individual who is

the subject of the proceeding at least ten (10) days before the time

set for hearing. Such personal service may be made by the attorney

for the petitioner, sheriff, or licensed process server. The person

making such services shall make proper return thereof; and

2. Notice to other persons entitled to notice of a hearing on

the original petition requesting the appointment of a guardian shall

be mailed by regular first-class mail at least ten (10) days before

the time set for the hearing. Such service by mail may be made by

the court clerk, deputy court clerk or attorney for the petitioner.

D. The notice to the subject of the proceeding shall set forth

the date, time, place, and purpose of the hearing to which the

notice refers. Such notice shall be substantially in the following

form:

NOTICE OF HEARING

TO: _______________________________________

(Name of subject of proceeding)

Service Address ________________________________

You are hereby notified that a petition has been filed alleging that

you are an __ incapacitated, __ partially incapacitated person and

are incapable of __ caring for yourself, __ managing your property.

Oklahoma Statutes - Title 30. Guardian and Ward Page 46

The petition requests that a __ guardian, __ limited guardian be

appointed by the court to make decisions for you regarding __

yourself, __ your property. A copy of the petition is attached.

The hearing on the petition will be held on

____________________________________________________________.

(date, time and place of the hearing)

At the hearing a ( ) guardian, ( ) limited guardian may be

appointed for your ( ) person, ( ) property. The judge will explain

to you the nature, purpose and effect of the proceedings.

You have the right to attend the hearing. You may confront and

cross-examine all witnesses and present your own witnesses. You

have the right to request that your hearing be closed to the public.

You may request that an expert be appointed to examine you and if

the judge believes that an examination is necessary, the judge will

order an evaluation to be done.

You have the right to hire an attorney of your choice to

represent you. If you do not have an attorney and you wish to be

represented by an attorney at the hearing, the court will appoint

one for you. You may request the appointment of an attorney orally

or in writing prior to the hearing or at the hearing. If you are

able, you will be required to pay the cost of an attorney appointed

by the court.
Okla. Stat. tit. 30, § 30-30 — OK Code / Title 30 / Section 30-30
Short title — Courtney Smith Act
Status: in_force

This act shall be known and may be cited as the "Courtney Smith

Act".
Okla. Stat. tit. 30, § 30-4-104 — OK Code / Title 30 / Section 30-4-104
Eligibility of nonresidents - Foreign trust companies or
Status: in_force

institutions - Domestic corporations or trust companies

A. 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

Oklahoma Statutes - Title 30. Guardian and Ward Page 75

this state, except as provided under subsection G of Section 4-105

of this title.

B. Only a person who has been a resident, in good faith, of

this state for one (1) year past 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, and no

foreign trust company or institution shall be appointed guardian of

the property or person of any minor or an incapacitated or partially

incapacitated person by the courts of this state. Provided that

this shall not prevent a person from being appointed guardian of his

or her own spouse, child, children, grandchild, grandchildren,

parent, grandparent, brother, sister, aunt, uncle, niece or nephew

even though he or she is a nonresident of this state.

C. No domestic corporation or trust company shall be appointed

or qualify as guardian of a minor or incapacitated or partially

incapacitated person unless such company is at the time a resident

of and maintains its usual place of business in the county of the

residence of such minor or incapacitated or partially incapacitated

person. No such company shall be appointed or act as such guardian

unless its principal place of business is located in the county

where such proceedings are filed and conducted. Such a domestic

corporation or a natural person not a resident of this state may be

appointed as such guardian upon the written request in a will or

otherwise of a person eligible to make such nomination pursuant to

the provisions of the Oklahoma Guardianship and Conservatorship Act.
Okla. Stat. tit. 30, § 30-3-106 — OK Code / Title 30 / Section 30-3-106
Rights of individual alleged to be or found to be
Status: in_force

incapacitated or partially incapacitated - Confidentiality - Relief

from costs and fees - Record.

A. In all hearings conducted pursuant to Article III of the

Oklahoma Guardianship and Conservatorship Act, an individual who is

alleged to be or found to be an incapacitated or partially

incapacitated person shall have a right to:

1. Notice as provided in Section 3-110 of this title;

2. Be present at such hearings;

3. Compel the attendance of witnesses;

4. Present evidence;

5. Cross-examine witnesses;

6. Appeal adverse orders and judgments as provided by the rules

of civil procedure;

7. Representation by court-appointed counsel upon request; and

8. Request that the proceedings be closed to the public.

Oklahoma Statutes - Title 30. Guardian and Ward Page 37

B. The requirement of notice to the subject of the proceeding

shall not be waived. The requirement that the subject of the

proceeding be present at a hearing may be waived only for good cause

shown. The court shall make inquiries to determine whether there is

sufficient cause to waive the right to be present. Whenever the

requirement that the subject of the proceeding be present is waived,

the court shall make a finding on the record as to the reason the

subject of the proceeding is not present at the proceeding and the

alternatives which were considered to enable the subject of the

proceeding to be present.

C. Any person may apply for permission to participate in a

proceeding or to be admitted to a proceeding which has been closed

to the public. The court may grant the request to participate upon

determining that the best interest of the subject of the proceeding

will be served thereby. The court may, for good cause shown, grant

the request of such person for permission to be admitted to the

closed proceeding upon determining that said person has a legitimate

interest in the proceedings. In granting either request, the court

may impose any appropriate conditions it deems necessary.

D. If the subject of the proceeding is under the influence of

psychotropic medication, during any judicial hearing held pursuant

to the Oklahoma Guardianship and Conservatorship Act, the court

shall be advised of this fact, the purpose of the medication, and

the effect which it may have on the individual's actions, demeanor

and participation at the hearing.

E. Statements of individuals alleged or found to be partially

incapacitated or incapacitated persons made during the course of the

evaluations, examinations and treatment pursuant to the Oklahoma

Guardianship and Conservatorship Act shall be privileged and

confidential. Such statements shall not be admissible without the

individual's consent in any civil or criminal proceeding other than

a proceeding held pursuant to the Oklahoma Guardianship and

Conservatorship Act.

F. A party to a proceeding held pursuant to the Oklahoma

Guardianship and Conservatorship Act may be relieved of court costs

and filing fees as specified by Section 152 of Title 28 of the

Oklahoma Statutes or as provided by Section 192 of Title 56 of the

Oklahoma Statutes.

G. At the request of any party to a proceeding pursuant to the

provisions of the Oklahoma Guardianship and Conservatorship Act, the

court shall order that a stenographic or mechanical record of the

proceeding be made.
Okla. Stat. tit. 30, § 30-4-205 — OK Code / Title 30 / Section 30-4-205
Limitation of action on bond - Effect of disability
Status: in_force

No action can be maintained against the sureties on any bond

given by a guardian, unless it be commenced within three (3) years

from the discharge or removal of the guardian; but if at the time of

such discharge a person entitled to bring such action is under any

legal disability to sue, the action may be commenced by such person

at any time within three (3) years after such disability is removed.

R.L. 1910, § 6582. Amended by Laws 1988, c. 329, § 80, eff. Dec. 1,

1988. Renumbered from Title 58, § 781 by Laws 1988, c. 329, § 134,

eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-4-805 — OK Code / Title 30 / Section 30-4-805
Distribution of personal property of intestate ward
Status: in_force

When an adult ward shall die intestate leaving only personal

property and his total estate does not exceed Ten Thousand Dollars

($10,000.00), the guardian shall proceed to probate and distribute

his estate in the same manner as if he had been appointed personal

representative of such estate, and the surety or sureties on his

bond shall be responsible for his faithful administration and

distribution of such estate.
Okla. Stat. tit. 30, § 30-4-307 — OK Code / Title 30 / Section 30-4-307
Mailing of copies of annual report - Objections to
Status: in_force

report - Hearing - Order granting immediate relief - Order for

compensation - New bond - Appointment of counsel to represent ward.

A. 1. Upon the filing of an annual report the court shall

immediately cause a copy of the report to be mailed by first-class

mail to:

a. the persons entitled to notice pursuant to Section 2-

101 of this title for minors, or

Oklahoma Statutes - Title 30. Guardian and Ward Page 87

b. those persons entitled to notice pursuant to

paragraphs 1, 2, 3 and 7 of subsection A of Section 3-

110 of this title for adults, and

c. the attorney of the ward, if any.

2. Attached to the copy of the report shall be a statement

notifying the person receiving copies of said reports that any

objection to the report must be filed within fifteen (15) days after

the date of the filing of the annual report with the court.

3. Any person entitled to receive a copy of the annual report

may file an objection to said report within fifteen (15) days after

the filing of the annual report with the court.

B. 1. After notice, the court may on its own motion hold a

hearing on an annual report and shall hold a hearing:

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

or

b. when the court is considering issuing an order other

than an order accepting the report and granting the

relief requested.

2. Notice for a hearing on an annual report shall be given, by

mail, to the persons entitled to notice pursuant to Section 2-101 of

this title for minors or paragraphs 1, 2, 3 and 7 of subsection A of

Section 3-110 of this title for adults at least ten (10) days prior

to the date set for the hearing. Notice shall be in such form as

the court may direct and shall be sent by regular first-class mail.

C. The court may enter an order granting the relief requested

in the report without notice if the court determines that such

relief should be granted immediately. In that event, the court

shall grant such relief on a temporary basis pending a hearing on

the report or the expiration of the fifteen (15) days within which

an objection to the report may be filed.

D. When no objection to an annual report is filed and no

hearing on the annual report is held as otherwise provided by this

section, the court shall issue an order accepting the annual report

and granting the relief requested.

E. The compensation for the guardian, the guardian's attorney,

and any other person entitled to compensation from the property of

the ward shall be determined by the court in the manner required by

the provisions of the Oklahoma Guardianship and Conservatorship Act.

Such order, whether issued at the expiration of the fifteen (15)

days within which an objection to the annual report may be filed or

after a hearing on the report, shall be final with respect to all

persons given copies of the annual report or notice of such hearing,

except with regard to any such person who may be determined to have

been subject to a legal disability at the time such notice was

given. Such order also shall be final with respect to the guardian

except with respect to challenge by the ward upon the removal of the

ward's legal disability.

Oklahoma Statutes - Title 30. Guardian and Ward Page 88

F. With regard to an annual report of a guardian of the

property of a ward, the court shall examine the changes, if any, to

the property of the ward as set forth in the report. If the

guardian was required to submit a bond, and if the total value of

the ward's property which is subject to the proceeding differs

significantly from the total value of the ward's property as last

disclosed to the court:

1. The court shall direct such guardian to obtain a new bond of

such lesser or greater penal amount as will adequately protect the

ward's property which is subject to the proceeding;

2. Such new bond shall be filed with the district court clerk

within thirty (30) days following the date of the order; andimmediate relief - Order for compensation - New bond - Appointment of counsel to representignificantly from the total value of the ward's property as last

disclosed to the court:

1. The court shall direct such guardian to obtain a new bond of

such lesser or greater penal amount as will adequately protect the

ward's property which is subject to the proceeding;

2. Such new bond shall be filed with the district court clerk

within thirty (30) days following the date of the order; and

3. If the court requires a new bond of a greater penal amount

than the bond previously submitted, failure of the guardian to

submit such new bond within the thirty-day period set forth in this

subsection shall constitute grounds for removal of such guardian or

limited guardian.

G. At any hearing held upon an annual report:

1. If required by the court, the guardian or limited guardian

shall be present;

2. The court shall review the annual report and consider any

objection made thereto, and thereupon enter such order as the court

deems appropriate; and

3. The court may make any order which the court deems to be in

the best interest of the ward or the estate of the ward. The court

may also set for further hearing, with prior notice to be given as

provided in this section, any other matter which the court deems

should be considered in the best interest of the ward or the estate

of the ward. Subject to appeal or vacation within the time

permitted, an order entered after the hearing of an annual report

after notice adjudicates as to liabilities concerning the matters

considered in connection with said hearing.

H. At a hearing upon an annual report the court may appoint an

attorney to represent the ward who is an incapacitated or partially

incapacitated person, in the same manner and with the same

compensation as provided in this act for appointment of an attorney

for the subject of the proceeding following the filing of a petition

for appointment of a guardian or limited guardian of the person or

property of an alleged incapacitated or partially incapacitated

person. The appointment of such attorney shall cease:

1. Upon the entry by the court of an order pertaining to the

matters considered at such hearing, unless the court otherwise

directs, either in the order appointing such attorney or in the

order pertaining to the matters considered at such hearing;

2. Unless an appeal is taken from the order of the court

pertaining to the matters considered at such hearing, in which event

Oklahoma Statutes - Title 30. Guardian and Ward Page 89

such attorney shall continue to represent the ward until final

disposition of the appeal or as otherwise ordered by the court; or

3. Upon application of said attorney, the court may allow the

attorney to withdraw from the case and shall appoint another

attorney to represent the subject of the proceeding in any appeal

proceeding.
Okla. Stat. tit. 30, § 30-4-604 — OK Code / Title 30 / Section 30-4-604
Bond of guardian of nonresident
Status: in_force

Every such guardian must give bond to the State of Oklahoma, in

the manner and with like conditions as hereinbefore provided for

other guardians, except that the provisions respecting the

inventory, the disposal of the estate and effects, and the account

to be rendered by the guardian must be confined to such estate and

effects as come to his hands in this state.

R.L. 1910, § 6572. Amended by Laws 1963, c. 103, § 2, emerg. eff.

May 27, 1963. Renumbered from Title 58, § 863 by Laws 1988, c. 329,

§ 134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-3-316 — OK Code / Title 30 / Section 30-3-316
Confirmation of transfer of guardianship or
Status: in_force

conservatorship.

(a) To confirm transfer of a guardianship or conservatorship

transferred to this state under provisions similar to Section 15 of

this act, the guardian or conservator shall petition the court in

this state to accept the guardianship or conservatorship. The

petition shall include a certified copy of the other state’s

provisional order of transfer.

(b) Notice of a petition under subsection (a) of this section

shall be given to those persons that would be entitled to notice if

the petition were a petition for the appointment of a guardian or

issuance of a protective order in both the transferring state and

this state. The notice shall be given in the same manner as notice

is required to be given in this state.

(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 proceeding, 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 filed under subsection (a) of this section unless:

(1) An objection is made and the objector establishes that

transfer of the proceeding would be contrary to the interests of the

incapacitated or protected person; or

(2) The guardian or conservator is ineligible for appointment

in this state.

(e) The court shall issue a final order accepting the

proceeding and appointing the guardian or conservator as guardian or

conservator in this state upon its receipt from the court from which

the proceeding is being transferred of a final order issued under

provisions similar to Section 15 of this act transferring the

proceeding to this state.

(f) Not later than ninety (90) days after issuance of a final

order accepting transfer of a guardianship or conservatorship, the

court shall determine whether the guardianship or conservatorship

needs to be modified to conform to the law of this state.

(g) In granting a petition under this section, the court shall

recognize a guardianship or conservatorship order from the other

state, including the determination of the incapacitated or protected

person’s incapacity and the appointment of the guardian or

conservator.

(h) The denial by a court of this state of a petition to accept

a guardianship or conservatorship transferred from another state

Oklahoma Statutes - Title 30. Guardian and Ward Page 72

does not affect the ability of the guardian or conservator to seek

appointment as guardian or conservator in this state under Section

3-101 of Title 30 of the Oklahoma Statutes if the court has

jurisdiction to make an appointment other than by reason of the

provisional order of transfer.
Okla. Stat. tit. 30, § 30-3-102 — OK Code / Title 30 / Section 30-3-102
Nomination of guardians or alternate guardians by adult
Status: in_force

- Priorities of nominations.

A. Every person eighteen (18) years of age or older who is of

sound mind and not acting under duress, menace, fraud or undue

influence, may nominate a guardian of his person and property, or of

either, as provided by this section. Such nomination shall, in the

event of the incapacity or partial incapacity of said person be

proved in the same manner as any other writing. The nomination

shall be binding on any court having jurisdiction of said

guardianship subject to the disqualification of the nominee by the

court.

B. Such nomination shall be in writing and shall be signed by

the person making such nomination. The nomination shall be

substantially in the following form:

Nomination of Guardian by an Adult

I, ____________________, being of sound mind and not

(Name)

acting under any duress, menace, fraud, or other undue influence do

hereby nominate (Name, current residence, and relationship, if any,

of the nominee) to serve as the guardian of my (person, property,

both) in the event that after the date of this instrument I become

incapacitated.

Executed at ________________________ (city, state)

on this______day of_________, 19__.

______________________

Signature

C. In such nomination, the person making it may nominate an

alternate guardian or guardians to act in the event a previously

named nominee is unable or unwilling to act as guardian.

D. If the same person has executed more than one nomination of

a guardian:

1. The most recent nomination shall control; or

Oklahoma Statutes - Title 30. Guardian and Ward Page 34

2. If two or more nominations bear the same most recent date

the court may appoint one of the nominees or may appoint more than

one of the nominees as coguardians upon determining the nominator to

be an incapacitated or partially incapacitated person.

E. This section shall not be construed as amending or in any

manner affecting special powers of attorney, Sections 1051 through

1077 of Title 58 of the Oklahoma Statutes, or durable powers of

attorney or express trusts established pursuant to the provisions of

Title 60 of the Oklahoma Statutes.
Okla. Stat. tit. 30, § 30-3-215 — OK Code / Title 30 / Section 30-3-215
Powers and duties of conservator - Jurisdiction of
Status: in_force

court.

A conservator shall have the same powers and duties, including

the submission of plans and reports, as a guardian or limited

guardian of the property of an incapacitated or partially

incapacitated person as required by the Oklahoma Guardianship and

Conservatorship Act. All laws relative to the jurisdiction of the

court over the estate of a person under guardianship as an

incapacitated or partially incapacitated person, including the

investment, management, sale or mortgage of his property and the

Oklahoma Statutes - Title 30. Guardian and Ward Page 62

payment of his debts, shall be applicable to the estate of a person

under conservatorship.
Okla. Stat. tit. 30, § 30-3-213 — OK Code / Title 30 / Section 30-3-213
Persons ineligible for appointment as conservator
Status: in_force

No person shall be appointed conservator of an estate who would

be ineligible to act as guardian of the ward in such case.
Okla. Stat. tit. 30, § 30-2-104 — OK Code / Title 30 / Section 30-2-104
Nomination of guardian by minor at 14 years of age -
Status: in_force

Approval of court.

When a guardian has been appointed by the court for a minor

under the age of fourteen (14) years, the minor, at any time after

he has attained age fourteen (14), may nominate his own guardian,

subject to the approval of the court.

R.L. 1910, § 6529. Amended by Laws 1988, c. 329, § 28, eff. Dec. 1,

1988. Renumbered from Title 58, § 768 by Laws 1988, c. 329, § 134,

eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-3-310 — OK Code / Title 30 / Section 30-3-310
Continuing jurisdiction over proceeding
Status: in_force

Except as otherwise provided in Section 9 of this act, a court

that has appointed a guardian or issued a protective order

consistent with this act has exclusive and continuing jurisdiction

over the proceeding until it is terminated by the court or the

appointment or order expires by its own terms.
Okla. Stat. tit. 30, § 30-4-308 — OK Code / Title 30 / Section 30-4-308
Application for relief - Notice - Hearing - Order -
Status: in_force

Appointment of counsel to represent ward - Joinder of separate

applications or objections - Evaluation of ward - Hearing without

notice.

A. After the appointment of a guardian, the ward, any person

interested in the welfare of the ward, or a guardian may make

application to the court for:

1. Termination of the guardianship;

2. Removal of the guardian;

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

4. If the ward is an incapacitated or partially incapacitated

person, the imposition of additional restrictions upon the legal

capacity of the ward to act on his own behalf or the removal of one

or more existing restrictions; or

5. A review hearing.

B. Such application shall set forth:

1. The names and addresses of the individuals and entities

entitled to notice;

2. The relief requested; and

3. The alleged facts and reasons supporting the request.

C. Any person entitled to notice of the hearing on an

application filed pursuant to this section may object to the relief

requested in the application. If the ward is a minor, notice shall

be as provided by Section 2-101 of this title. If the ward is an

incapacitated or partially incapacitated person, notice shall be

given to those persons entitled to notice pursuant to paragraphs 1,

2, 3 and 7 of subsection A of Section 3-110 of this title and shall

be given as provided by Section 3-110 of this title and to the

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

the petitioner.

D. The court shall set an application filed pursuant to this

section for hearing on a date certain and shall cause notice to be

given to the persons entitled thereto by regular first-class mail at

least ten (10) days prior to such date. However, except for an

order terminating a guardianship, the court may enter an order

granting the relief requested in the application without notice if

Oklahoma Statutes - Title 30. Guardian and Ward Page 90

the court determines that such relief should be granted immediately.

In that event, the court may grant such relief on a temporary basis

and proceed to set the application for further hearing following the

giving of notice as provided by this subsection. At the hearing,

based upon the evidence adduced, the judge may continue, modify or

vacate his temporary order.

E. At the hearing held upon an application filed pursuant to

this section for which notice is required, the court may, based upon

the evidence adduced, enter an order granting or denying the relief

requested. At such hearing, the court also may make any other order

which the court deems to be in the best interests of the ward or the

estate of the ward. The court may also set for further hearing,

with prior notice to be given as provided in this section, any other

matter which the court deems should be considered in the best

interest of the ward or the estate of the ward.

F. With respect to any matter set for hearing pursuant to this

section, the court may appoint an attorney to represent at such

hearing a ward who is an incapacitated or partially incapacitated

person, in the same manner and with the same compensation as

provided in the Oklahoma Guardianship and Conservatorship Act for

appointment of an attorney for the subject of the proceeding

following the filing of a petition for appointment of a guardian or

limited guardian of the person or property of an alleged

incapacitated or partially incapacitated person. The appointment of

such attorney shall cease:

1. Upon the entry by the court of an order pertaining to the

matters considered at such hearing, unless the court otherwise

directs, either in the order appointing such attorney or in the

order pertaining to the matters considered at such hearing;

2. Unless an appeal is taken from the order of the court

pertaining to the matters considered at such hearing, in which event

such attorney shall continue to represent the ward until final

disposition or as otherwise ordered by the court; or

3. Upon application of said attorney, the court may allow the

attorney to withdraw from the case and shall appoint another

attorney to represent the subject of the proceeding in any appeal

proceeding.

G. After notice, the court may join the issues raised in

separate applications or separate objections for determination at a

single hearing, unless the court determines joinder would be

prejudicial to the interests of the ward.

H. As necessary and appropriate the court may order an

evaluation of the ward in connection with any guardianship

proceeding subsequent to the appointment of a guardian.

I. The court may hear an application other than with respect to

the matters set forth in subsection A of this section, with or

without notice as the court determines. If the court requires

Oklahoma Statutes - Title 30. Guardian and Ward Page 91

notice to be given, the court shall specify the persons to whom

notice shall be given and the manner and time in which such notice

shall be given.
Okla. Stat. tit. 30, § 30-4-751 — OK Code / Title 30 / Section 30-4-751
Income insufficient for maintenance - Sale of property
Status: in_force

necessary.

When the income of an estate under guardianship is not

sufficient to maintain the ward and his family, or to maintain and

educate the ward when a minor, his guardian may sell the real or

personal estate of the ward for that purpose, upon obtaining an

order therefor.

R.L. 1910, § 6553. Amended by Laws 1988, c. 329, § 99, eff. Dec. 1,

1988. Renumbered from Title 58, § 821 by Laws 1988, c. 329, § 134,

eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-4-201 — OK Code / Title 30 / Section 30-4-201
Guardian's bond
Status: in_force

A. Before the entry of an order appointing a person or

organization as a guardian of the person and before the letters of

guardianship issue, the court may require the person or organization

to be appointed to provide a bond to this state, with sufficient

sureties, to be approved by the court, and in such penal sum as the

court shall order, conditioned that the guardian will faithfully

execute the duties of the trust according to law.

B. 1. Before the entry of an order appointing a person or

organization as the guardian of a minor or as the guardian or

limited guardian of the property of an incapacitated or partially

incapacitated person takes effect, and before the letters of

guardianship issue, the court shall require the person or

organization to be appointed to provide a bond, in an amount not

less than the value of intangible personal property as alleged in

the petition or otherwise determined by the court at the hearing on

the petition, to this state, with sufficient sureties, to be

approved by the court, and in such penal sum as the court shall

order, conditioned that the guardian will faithfully execute the

duties of the trust according to law.

2. Except as otherwise provided by paragraph 3 of this

subsection, upon a finding by the court that the anticipated annual

income to a ward for one (1) year plus the value of the personal

property of the ward is less than Forty Thousand Dollars

($40,000.00), the court may order that a bond is not necessary. For

Oklahoma Statutes - Title 30. Guardian and Ward Page 78

purposes of this paragraph, personal property shall not include

property owned with a joint tenant.

3. The provisions of this section shall not apply to cases

subject to the Veterans Volunteer Guardianship Act.

C. In the event the intangible personal property of the ward,

as determined by the inventory, is in a greater amount than as

alleged in the petition or determined by the court at the hearing on

the petition, the guardian shall file at the time the inventory is

filed a bond sufficient for the full amount of the intangible

personal property, which bond will be in substitution for the bond

originally filed on the appointment of the guardian. The amount of

the bond in the future may be adjusted up or down in amount based

upon the intangible personal property shown in future annual

accountings; provided, however, no bond shall be reduced except upon

order of the court.

R.L. 1910, § 6532. Amended by Laws 1953, p. 245, § 69; Laws 1963,

c. 133, § 1; Laws 1987, c. 164, § 3, operative July 1, 1987; Laws

1988, c. 181, § 3, eff. Nov. 1, 1988; Laws 1988, c. 329, § 77, eff.

Dec. 1, 1988. Renumbered from § 776 of Title 58 by Laws 1988, c.

329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 56,

operative July 1, 1990; Laws 1991, c. 18, § 3, emerg. eff. March 29,

1991; Laws 1994, c. 234, § 6, eff. Sept. 1, 1994; Laws 1998, c. 77,

§ 1, eff. Nov. 1, 1998; Laws 2004, c. 181, § 7, eff. Nov. 1, 2004;
Okla. Stat. tit. 30, § 30-2-115 — OK Code / Title 30 / Section 30-2-115
Limitation of discharge by court
Status: in_force

A guardian of a minor appointed by a court is not entitled to

his discharge until one (1) year after the majority of the ward

unless the court determines that the minor has earlier validly

released said guardian after a final accounting.

R.L. 1910, § 3341. Amended by Laws 1988, c. 329, § 36, eff. Dec. 1,

1988. Renumbered from § 22 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-4-704 — OK Code / Title 30 / Section 30-4-704
Service upon guardian - Duty of guardian
Status: in_force

Whenever a minor or an incapacitated or partially incapacitated

person has a guardian of his estate residing in this state, personal

service upon the guardian of any process, notice, or order of the

court concerning the estate of the deceased person, in which the

ward is interested, is equivalent to service upon the ward. It is

the duty of the guardian to attend to the interests of the ward in

the matter. Such guardian may also appear for his ward, and waive

any process, notice, or order to show cause which an adult or a

person of sound mind might do.

R.L. 1910, § 6568. Amended by Laws 1988, c. 329, § 95, eff. Dec. 1,

1988. Renumbered from Title 58, § 810 by Laws 1988, c. 329, § 134,

eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-4-765 — OK Code / Title 30 / Section 30-4-765
Order in force for one year only
Status: in_force

No order of sale granted pursuant to Sections 4-751 through 4-

770 of this title continues in force more than one (1) year after

granting the same, without a sale being had.

R.L. 1910, § 6566. Amended by Laws 1953, p. 247, § 79; Laws 1988,

c. 329, § 112, eff. Dec. 1, 1988. Renumbered from Title 58, § 834

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

1990, c. 323, § 72, operative July 1, 1990.
Okla. Stat. tit. 30, § 30-6-102 — OK Code / Title 30 / Section 30-6-102
Public guardianship pilot program – Evaluating board
Status: in_force

A. Subject to the availability of funds, the Department of

Human Services shall establish a public guardianship pilot program.

B. The Department of Human Services shall establish and operate

the pilot program in consultation with an evaluating board

established pursuant to this section and in accordance with the

provisions of the Oklahoma Public Guardianship Act, except as to

custody orders entered in criminal competency proceedings as set

forth in Section 7 of this act.

C. The evaluating board shall determine the effectiveness of

the pilot program. The evaluating board shall submit a preliminary

report to the Legislature no later than six (6) months after the

pilot program is established. Such report shall cover:

1. The feasibility of statewide expansion of the program;

2. Staffing, particularly use of volunteers, training and

liability issues;

3. Funding sources;

4. Eligibility standards;

5. Fee schedule;

6. Special-needs wards; and

7. Professional guardians.

D. The evaluating board shall consist of not more than two

appointees from each of the following officials and agencies:

1. Governor;

2. Speaker of the House of Representatives;

3. President Pro Tempore of the Senate;

4. Office of the Attorney General;

5. Oklahoma Health Care Authority;

6. Developmental Disabilities Services Division of the

Department of Human Services;

7. Department of Mental Health and Substance Abuse Services;

8. Adult Protective Services;

9. A Legal Services Developer;

10. State Long-Term Care Ombudsman;

11. Legal Aid of Western Oklahoma;

12. Legal Services of Eastern Oklahoma;

13. Oklahoma Bar Association; and

14. Advocacy Partnership for Aging Oklahomans.
Okla. Stat. tit. 30, § 30-3-124 — OK Code / Title 30 / Section 30-3-124
Sale or lease of real property by guardian - Approval -
Status: in_force

Joinder of spouse.

When the ward owns an interest in a tract of real property in

addition to a homestead interest, no conveyance, deed, contract or

lease executed pursuant to the authority granted by Section 3-123 of

this title shall be valid, unless the sale or leasing be conducted

in the manner provided by law for the sale or leasing of other lands

of an incapacitated or partially incapacitated person, be approved

by the court in which the guardianship proceeding is pending, and

the spouse of the ward be a party to such conveyance, deed, contract

or lease and join in the execution and acknowledgment thereof, but

when the ward owns no interest in a tract of real property other

than a homestead interest or possible homestead interest, a guardian

may execute a conveyance thereof on behalf of the ward for the

purpose of waiving such homestead interest or possible homestead

interest, if so authorized by order of the court in which such

proceeding is pending, made pursuant to application and notice sent

by ordinary mail to the persons set forth in Section 3-110 of this

title at least ten (10) days prior to the hearing of such

application.
Okla. Stat. tit. 30, § 30-4-757 — OK Code / Title 30 / Section 30-4-757
Hearing upon order - Protests
Status: in_force

The court, at the time and place appointed in the order, or such

other time to which the hearing is postponed, upon proof of the

service or publication of the order, must hear the petition and

examine the proofs and allegations of the petitioner and any

objections made by persons entitled to notice of the proceeding.

R.L. 1910, § 6560. Amended by Laws 1988, c. 329, § 105, eff. Dec.

1, 1988. Renumbered from Title 58, § 828 by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-2-117 — OK Code / Title 30 / Section 30-2-117
Custody by abandonment of a minor - Qualified relative
Status: in_force

A. The court of each county, when it appears necessary or

convenient, may grant a qualified relative custody by abandonment of

a minor or minors who have been abandoned, as defined by Section 1-

1-105 of Title 10A of the Oklahoma Statutes, in the care of the

qualified relative if:

1. The minor is residing full-time with the qualified relative

and the qualified relative contributes the major degree of support

for the minor; and

2. The qualified relative is unable to contact the parent or

parents or person or persons having legal custody of the minor, or

the parent or parents or other person or persons having legal

custody of the minor fail to or refuse to regain physical custody of

the minor after a written request to do so by the qualified

relative.

B. For purposes of this section, a “qualified relative” means

an adult grandparent, great-grandparent, brother, sister, half-

brother, half-sister, uncle, aunt, niece or nephew or a spouse of a

qualified relative.

C. A qualified relative who is granted custody by abandonment

shall have the same rights to arrange for, authorize, and consent to

day care services, medical, psychological, dental, and educational

assessment and services, and any other services that may be

necessary to provide for the care, treatment, education, and welfare

Oklahoma Statutes - Title 30. Guardian and Ward Page 27

of the minor or minors that are given to legal guardians by the

Oklahoma Guardianship and Conservatorship Act except that such

relative may not consent to an adoption of the minor or minors.

D. Custody by abandonment shall be made on the verified

petition of a qualified relative and shall be substantially in the

following form:

PETITION FOR CUSTODY BY ABANDONMENT

Comes Now the Petitioner, _______________, and informs the Court as

follows:

1. That I am now a resident in good faith of ____________ County,

and the State of Oklahoma for at least six (6) months prior to the

filing of this petition.

2. That my home address is __________________________.

3. That my date of birth is _______________________________.

4. That my Oklahoma driver license or other identification card

number is _____________________.

5. That _______________________ is/are minor child(ren) ________

years of age, respectively, having the following date(s) of birth:

______________________________________.

6. That I am related to the child(ren) as his/her/their

___________________.

7. That the child(ren) has/have been living in my home since the

______ day of _________________, 20___. Prior to this date, the

child(ren) resided at the following address and in the following

county and state: ________________________________________.

8. That the Court has jurisdiction in this action to make a child

custody determination pursuant to the Uniform Child Custody

Jurisdiction and Enforcement Act, Sections 551-101 through 551-402

of Title 43 of the Oklahoma Statutes in that Oklahoma is the home

state of the minor child(ren). A Uniform Child Custody Jurisdiction

and Enforcement Act Affidavit is attached to this petition.

9. That the minor child(ren) is/are not Indian children within the

meaning of the Federal or State Indian Child Welfare Acts.

10. That (check one)

( ) I am unable to contact or locate either parent of the

child(ren) or other person(s) having legal custody of the child(ren)

at this time.

( ) I made a written request to the child(ren)’s parent(s) or other

person(s) having legal custody of the child(ren) on the ____ day of

__________________, 20_____, to regain physical custody of the

child(ren), and said custodian has failed to regain custody or such

request has been refused.

11. That, at this time, I do/do not (choose one) intend to seek

child support from the child(ren)’s parent(s) or legal guardian(s).

12. That granting Petitioner care and custody by abandonment is

necessary to provide for the general welfare of the child(ren) and

Oklahoma Statutes - Title 30. Guardian and Ward Page 28

to allow Petitioner to authorize medical, dental, educational, child

care and/or other services for the child(ren).

13. That I hereby accept care and custody of the child(ren). I

will exercise continuing general supervision of the child(ren).

14. That I am qualified to be granted care and custody by

abandonment. I further inform the Court that I am not a minor,

incapacitated person or partially incapacitated person. Attached to

this petition is a completed Oklahoma Sex Offenders Registration Act

Affidavit. There are no conflicts of interest that would preclude

or be substantially detrimental to my ability to act in the best

interest(s) of the minor child(ren).

WHEREFORE, the Petitioner prays the Court to grant Petitioner

care and custody by abandonment and issue Letters of Custody by

Abandonment upon the taking of the oath.

__________________________

Signature of Attorney or Pro Se Petitioner

Printed Name

Address

Verification

State of Oklahoma )

) SS.

County of _____________ )

I, _____________________, of lawful age, being first duly sworn upon

oath depose and state that I am the Petitioner named above; that I

have read the foregoing Petition and understand its contents; that I

hereby state that the facts set forth in the foregoing Petition are

true and correct to the best of my knowledge and belief.

__________________________

Signature of Petitioner

Subscribed and sworn to before me this ______ day of

________________, 20_____.

__________________________

Notary Public

My Commission Number is:____________________

My Commission Expires:_____________________

E. Affidavits attesting to the compliance of the guardian with

the Uniform Child Custody Jurisdiction and Enforcement Act and the

Oklahoma Sex Offenders Registration Act shall be attached to the

petition and shall be substantially in the following forms:

Uniform Child Custody

Jurisdiction And Enforcement Act

Affidavit

STATE OF OKLAHOMA )

) SS

COUNTY OF ________________ )

Oklahoma Statutes - Title 30. Guardian and Ward Page 29

I,________________________, of lawful age, am the Petitioner in the

above-styled and numbered guardianship proceeding, being first duly

sworn upon oath, depose and state:

1. The minor(s), ___________, _______________, presently live at

__________ (city), ___________ (state), ______ (zip).

2. The minor(s) has/have lived at the following address during the

last five (5) years:

Name Address City State Zip Date

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

3. I have/have not participated as a party, witness or otherwise

been involved in a legal proceeding concerning the custody of, or

visitation with, said minor(s).

If you have, list the Court, the case number(s) and the date(s) of

participation:

Court Case Number Dates

________________________________________________________________

________________________________________________________________

________________________________________________________________

4. I have knowledge of the following proceeding pertaining to a

divorce of the minor’s(s’) parents, custody proceeding(s) concerning

this/these minor(s) proceedings concerning domestic violence or

abuse, protective orders, termination of parental rights, adoptions

or Department of Human Services or other proceedings.

Court Case Number Dates

________________________________________________________________

________________________________________________________________

________________________________________________________________

5. I have knowledge that the following named persons claim a right

to custody or a right to visitation with said minor.

Name Address City State Zip Date

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

6. I acknowledge that I have a continuing duty under the law to

inform the Court, in writing, of any additional information acquired

by me after executing this “Affidavit”.

Signature: ____________________________

Print Name: ____________________________

Petitioner

Subscribed and sworn to before me this _________ day of

_____________________, _______.

Oklahoma Statutes - Title 30. Guardian and Ward Page 30

________________________________

Court Clerk / Notary Public

My Commission Number: ___________________________________________

My Commission Expires: __________________________________________

Oklahoma Sex Offenders Registration Act

Affidavit

I am not a person subject to registration under the Oklahoma Sex

Offenders Registration Act. I am not married to or living with such

a person, or a person who has been convicted of, or has charges

pending for, a felony or any relevant misdemeanor, nor has anyone

living with me or frequently present in my home previously been

convicted of, or has charges pending for, a relevant felony or

misdemeanor.

That as guardian of the above minor child(ren) under no

circumstances shall I permit the child to be left in the custody of

a person who is known to me to be subject to registration under the

Oklahoma Sex Offenders Registration Act. Nor shall I permit the

children to be left in the custody of a person married or living

with such a person, or with any individual who has been convicted of

any crime involving domestic abuse. Nor shall these children be

placed in the custody of a person who has previously been convicted

of, or has charges pending for, a relevant felony or misdemeanor.

____________________________________________

Petitioner

Subscribed and sworn to before me on this _____ day of

_______________.

____________________________________________

Court Clerk or Notary Public

My Commission Number: ____________________________________________

My Commission Expires: ___________________________________________

F. The provisions for satisfying notice requirements and

receiving reports and investigations shall be identical to those

provided for under subsection C of Section 2-101 of Title 30 of the

Oklahoma Statutes.

G. The annual accounting requirements for custody by

abandonment shall be identical to the accounting requirements

provided in Section 4-303 of Title 30 of the Oklahoma Statutes.

H. The filing fees in matters pertaining to custody by

abandonment shall not exceed the fees for matters pertaining to

relative guardianship under Section 4-404 of Title 30 of the

Oklahoma Statutes.

I. If after consideration, the court finds that granting

custody by abandonment to a qualified relative is in the best

interest of the child, the court shall issue an order granting said

relative custody by abandonment. A qualified relative who is

granted custody by abandonment shall be issued Letters of Custody by

Abandonment. Letters of Custody by Abandonment shall specify that

Oklahoma Statutes - Title 30. Guardian and Ward Page 31

the guardian shall have the authority to consent to medical services

and shall be indemnified from personal liability for medical

services provided to the child or children. Custody by abandonment

shall take effect upon taking of an oath by the qualified relative.

J. 1. A minor who is in the permanent care of the qualified

relative granted care and custody by abandonment and who is either:

a. twenty-four (24) months of age or less and who has

been abandoned for at least six (6) months in the

physical care of the qualified relative, or

b. over twenty-four (24) months of age and who has been

abandoned for a period of twelve (12) months out of

the last fourteen (14) months in the physical care of

the qualified relative,

may not be reclaimed or recovered to the parent or parents or other

person or persons having legal custody of the minor who abandoned

the minor except through order of a court of competent jurisdiction

or by voluntary release of the minor by the qualified relative.

2. Upon any action to determine the custody of the minor

pursuant to the provisions of this subsection, the court shall base

its findings and determination of custody on the best interests of

the minor and:

a. the duration of the abandonment and integration of the

minor into the home of the relative,

b. the preference of the minor if the minor is determined

to be of sufficient maturity to express a preference,

c. the mental and physical health of the minor, and

d. such other factors as are deemed necessary in the

particular circumstances.

3. During the pendency of any action to determine the custody

of a minor pursuant to this subsection, unless it is determined not

to be in the best interests of the minor, the minor shall remain in

the custody of the qualified relative who has accepted custody by

abandonment.

4. If the court orders the minor be returned to the minor’s

parent or parents or other legal guardian, the court may provide for

a transitional period for the return in the best interest of the

minor.

K. The provisions of this section shall not apply to the

acceptance of care and custody by one parent of the minor from the

other parent of the minor.

L. 1. Custody by abandonment for a minor ceases upon:

a. the minor attaining majority, or attaining the age of

nineteen (19) years if the minor is a full-time

student in high school,

b. the solemnized marriage of the minor,

c. the voluntary relinquishment by the qualified relative

granted custody by abandonment, or

Oklahoma Statutes - Title 30. Guardian and Ward Page 32

d. by order of the court.

2. If the minor stops residing with the relative, or if custody

by abandonment has been terminated for any reason, the relative

shall notify the court issuing the Letters of Custody by Abandonment

and any school, health care provider, health care service plan, or

other provider that has been given a copy of the Letters of Custody

by Abandonment.

M. Actions establishing abandonment pursuant to this section

shall not be required to be reported to the Department of Human

Services under subsection B of Section 1-2-101 of Title 10A of the

Oklahoma Statutes.
Okla. Stat. tit. 30, § 30-1-119 — OK Code / Title 30 / Section 30-1-119
Powers of guardian
Status: in_force

A guardian has only those powers over the person or the property

of the ward, or both such person and property, as ordered by the

court pursuant to this title.

R.L. 1910, § 3333. Amended by Laws 1988, c. 329, § 19, eff. Dec. 1,

1988. Renumbered from § 14 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 16,

operative July 1, 1990.
Okla. Stat. tit. 30, § 30-7-106 — OK Code / Title 30 / Section 30-7-106
Revocation of standby guardian authority — Statement of
Status: in_force

refusal by standby guardian.

A. The authority of a standby guardian approved by the court

may be revoked by the qualified parent by filing a notice of

revocation with the court. The notice of revocation shall identify

the standby guardian or alternate standby guardian to which the

revocation will apply. A copy of the revocation shall also be

delivered to the standby guardian whose authority is revoked and any

alternate standby guardian who may then be authorized to act.

B. At any time following his or her approval by the court, a

standby guardian may decline to serve by filing a written statement

of refusal with the court and having the statement personally served

on the qualified parent and any alternate standby guardian who may

then be authorized to act.

Oklahoma Statutes - Title 30. Guardian and Ward Page 120

C. When a written designation has been executed, but is not yet

effective because the triggering event has not yet occurred, the

parent may revoke or the prospective standby guardian may refuse the

designation by notifying the other party in writing. A written

designation may also be revoked by the execution of a subsequent

inconsistent designation.

D. When a standby guardian’s authority becomes effective upon

the occurrence of a triggering event of the qualified parent, the

standby guardian’s authority to act on behalf of the qualified

parent continues even though the qualified parent is no longer

unavailable, unless the qualified parent notifies the standby

guardian and the court, in writing, that the standby guardian’s

authority is revoked due to the expiration of the triggering event.

E. If at any time the court finds that the parent no longer

meets the definition of “qualified parent,” the court shall rescind

its approval of the standby guardian.
Okla. Stat. tit. 30, § 30-1-111 — OK Code / Title 30 / Section 30-1-111
Definitions
Status: in_force

A. As used in the Oklahoma Guardianship and Conservatorship

Act:

1. “Abuse” means the intentional infliction of physical pain,

injury, or mental anguish or the deprivation of food, clothing,

shelter or medical care to an incapacitated person, partially

incapacitated person, or a minor by a guardian or other person

responsible for providing these services;

2. “Confidential information” means medical records, physical,

psychological or other evaluations of a ward or subject of the

proceeding, initial and subsequent guardianship plans, reports of

guardians, limited guardians and conservators submitted to the court

in connection with a proceeding pursuant to the provisions of the

Oklahoma Guardianship and Conservatorship Act;

3. “Court” means a judge of the district court assigned to hear

probate matters or assigned to the division of the district court

designated to exercise probate jurisdiction;

4. “Estate” means the property of the person whose affairs are

subject to a guardianship proceeding;

5. “Evaluation” means a professional assessment of:

a. the ability of an adult to receive and evaluate

information effectively or communicate decisions,

b. the impact of any impairment of these skills on the

capacity of the individual to meet the essential

requirements for the individual’s physical health or

Oklahoma Statutes - Title 30. Guardian and Ward Page 8

safety, or to manage the individual’s financial

resources, and

c. the services necessary to provide for the ward;

6. “Exploitation” means an unjust or improper use of the

resources of an incapacitated person, a partially incapacitated

person or a minor for the profit or advantage, pecuniary or

otherwise, of a person other than an incapacitated person, a

partially incapacitated person or a minor through the use of undue

influence, coercion, harassment, duress, deception, false

representation or false pretense;

7. A “guardian of an incapacitated person” means a person who

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

incapacitated person to assure that the essential requirements for

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

financial resources of the person, or both;

8. “Guardian ad litem” means, with respect to a guardianship

proceeding, a person appointed by the court to assist the subject of

the proceeding in making decisions with regard to the guardianship

proceeding, or to make the decisions when the subject of the

proceeding is wholly incapable of making the decisions even with

assistance;

9. “Guardianship plan” means the plan for the care and

treatment of a ward, the plan for the management of the financial

resources of a ward, or both;

10. “Guardianship proceeding” means a proceeding for the

appointment of a guardian, or for other orders regarding the

condition, care or treatment or for the management of the financial

resources of a ward;

11. “Guardianship report” means any report required by the

provisions of Sections 4-305 and 4-306 of this title;

12. “Incapacitated person” means a person eighteen (18) years

of age or older:

a. who is impaired by reason of:

(1) mental illness as defined by Section 1-103 of

Title 43A of the Oklahoma Statutes,

(2) intellectual or developmental disability as

defined by Section 1430.2 of Title 10 of the

Oklahoma Statutes,

(3) physical illness or disability,

(4) drug or alcohol dependency as defined by Section

3-403 of Title 43A of the Oklahoma Statutes, or

(5) such other similar cause, and

b. whose ability to receive and evaluate information

effectively or to make and to communicate responsible

decisions is impaired to such an extent that the

person:

Oklahoma Statutes - Title 30. Guardian and Ward Page 9

(1) lacks the capacity to meet essential requirements

for physical health or safety, or

(2) is unable to manage financial resources.

Whenever in the Oklahoma Statutes the term “incompetent person”

appears and refers to a person who has been found by a district

court to be an incompetent person because of an impairment or

condition described in this paragraph it shall have the same meaning

as “incapacitated person” but shall not include a person who is a

partially incapacitated person;

13. “Least restrictive alternative” means an approach to

meeting the needs of an individual that restricts fewer rights of

the individual than would the appointment of a guardian or

conservator including, but not limited to, supported decision

making, appropriate technological assistance, appointment of a

representative payee and appointment of an agent by the individual

including under a power of attorney for health care or finances;

14. “Intangible personal property” means cash, stocks and

bonds, mutual funds, money market accounts, certificates of deposit,

insurance contracts, commodity accounts, and other assets of a

similar nature;

15. “Letters” means a document issued by the court subsequent

to the appointment of a guardian which designates the name of the

guardian and specifies the authority and powers of the guardian.

Such document shall be endorsed thereon with the oath of the

guardian that he or she will perform the duties of his or her office

as guardian according to law;

16. A “limited guardian” means a person appointed by the court

to serve as the guardian of a partially incapacitated person and who

is authorized by the court to exercise only:

a. some of the powers of a guardian of the person or

whose power as guardian of the person extends only to

certain matters pertaining to the care or control of

the ward as specified by the court, or

b. certain powers as guardian of the property over the

estate or financial resources of the ward, or whose

powers as guardian of the property extend only to some

portion of the estate or financial resources of the

ward;

17. “Manage financial resources” or “manage the estate” means

those actions necessary to obtain, administer and dispose of real

property, business property, benefits and income, and to otherwise

manage personal financial or business affairs;

18. “Meet the essential requirements for physical health or

safety” means those actions necessary to provide the health care,

food, shelter, clothing, personal hygiene and other care without

which serious physical injury is more likely than not to occur;

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

Oklahoma Statutes - Title 30. Guardian and Ward Page 10

20. “Neglect” means the failure to provide protection for an

incapacitated person, a partially incapacitated person or a minor

who is unable to protect the person’s own interest; or the failure

to provide adequate shelter or clothing; or the harming or

threatening with harm through action or inaction by either another

individual or through the person’s own action or inaction because of

a lack of awareness, incompetence or incapacity, which has resulted

or may result in physical or mental injury;

21. “Organization” means a corporation, trust, business trust,

partnership, association or other legal entity;

22. “Partially incapacitated person” means an incapacitated

person whose impairment is only to the extent that without the

assistance of a limited guardian the person is unable to:

a. meet the essential requirements for physical health or

safety, or

b. manage all of the person’s financial resources or to

engage in all of the activities necessary for the

effective management of the person’s financial

resources.

A finding that an individual is a partially incapacitated person

shall not constitute a finding of legal incompetence. A partially

incapacitated person shall be legally competent in all areas other

than the area or areas specified by the court in its dispositional

or subsequent orders. Such person shall retain all legal rights and

abilities other than those expressly limited or curtailed in the

orders;

23. “Party” means the person or entity filing a petition,

application, motion, acceptance of a testamentary nomination or

objection; the subject of a guardianship proceeding; and the

guardian, the guardian ad litem and the conservator, if any such

persons have been appointed;

24. “Person” means an individual;

25. “Property” means real property, personal property, income,

any interest in such real or personal property and includes anything

that may be the subject of ownership;

26. “Restrictions on the legal capacity of a person to act in

the person’s own behalf” means powers of an incapacitated or

partially incapacitated person which are assigned to a guardian;

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

a. who is the subject of a petition requesting the

appointment of a guardian, limited guardian or special

guardian,

b. for whom a guardian or limited guardian has been

appointed by the court, or

c. an adult for whom a conservator is requested or

appointed;

Oklahoma Statutes - Title 30. Guardian and Ward Page 11

28. “Supported decision making” means assistance from one or

more persons chosen by an individual in understanding the nature and

consequences of potential personal and financial decisions to enable

the individual to make such decisions, and in communicating such

decisions if consistent with the wishes of the individual; and

29. “Surcharge” means the imposition of personal liability by a

court on a guardian or limited guardian for willful or negligent

misconduct in the administration of the estate or other financial

resources of a ward.

B. 1. Nothing in this section shall be construed to mean an

incapacitated person, a partially incapacitated person or a minor is

abused or neglected for the sole reason that a guardian or other

person responsible, in good faith, selects and depends upon

spiritual means alone through prayer, in accordance with the tenets

and practices of a recognized church or religious denomination, for

the treatment or cure of disease or remedial care of the person or

minor in their trust, and, in the case of an adult, in accordance

with the practices of or the express consent of the incapacitated or

partially incapacitated person.

2. Nothing contained in this subsection shall prevent a court

from immediately assuming custody of a minor, pursuant to the

Oklahoma Children’s Code, and ordering whatever action may be

necessary including medical treatment, to protect the minor’s health

or welfare.
Okla. Stat. tit. 30, § 30-4-758 — OK Code / Title 30 / Section 30-4-758
Partition of real estate - Assent to - Approval of
Status: in_force

court.

The guardian may join in and assent to a partition of the real

estate of the ward with the written approval of the judge of the

district court, whenever such assent may be given by any person.

R.L. 1910, § 6546. Renumbered from Title 58, § 807 by Laws 1988, c.

329, § 134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-7-101 — OK Code / Title 30 / Section 30-7-101
Short title — Oklahoma Standby Guardianship Act
Status: in_force

Oklahoma Statutes - Title 30. Guardian and Ward Page 117

This act shall be known and may be cited as the “Oklahoma

Standby Guardianship Act”.
Okla. Stat. tit. 30, § 30-19 — OK Code / Title 30 / Section 30-19
Renumbered as § 2-113 of this title by Laws 1988, c. 329, §
Status: in_force

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-3-318 — OK Code / Title 30 / Section 30-3-318
Registration of out-of-state protective order
Status: in_force

If a conservator has been appointed in another state and a

petition for a protective order is not pending in this state, the

conservator appointed in the other state, after giving notice to the

appointing court of an intent to register, may register the

protective order in this state by filing as a foreign judgment in a

court of this state, in any county in which property belonging to

the protected person is located, certified copies of the order and

letters of office and of any bond.
Okla. Stat. tit. 30, § 30-4-605 — OK Code / Title 30 / Section 30-4-605
Removal of property
Status: in_force

When the guardian and ward are both nonresidents, and the ward

is entitled to property in this state which may be removed to

another state, territory or foreign country without conflict with

any restriction or limitation thereupon, or impairing the right of

the ward thereto, such property may be removed to the state,

territory or foreign country of the residence of the ward, upon the

application of the guardian to the judge of the district court of

the county in which the estate of the ward, or the principal part

thereof, is situated.

R.L. 1910, § 6574. Renumbered from Title 58, § 864 by Laws 1988, c.

329, § 134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-1-125 — OK Code / Title 30 / Section 30-1-125
Computation of time
Status: in_force

The time within which an act is to be done, as provided for in

Title 30 of the Oklahoma Statutes, shall be computed by excluding

the first day and including the last day. If the last day is a

legal holiday as defined by Section 82.1 of Title 25 of the Oklahoma

Statutes, it shall be excluded. The provisions of this section are

hereby declared to be a clarification of the law as it existed prior

to the effective date of this act and shall not be considered or

construed to be a change of the law as it existed prior to the

effective date of this act. Any action or proceeding arising under

Title 30 of the Oklahoma Statutes prior to the effective date of

this act for which a determination of the period of time prescribed

by this section is in question or has been in question due to the

enactment of Section 20, Chapter 293, O.S.L. 1999, shall be governed

by the method for computation of time as prescribed by this section.
Okla. Stat. tit. 30, § 30-1-116 — OK Code / Title 30 / Section 30-1-116
Place of hearing - Order and decree
Status: in_force

A. The power conferred upon the court in relation to guardians

and wards may be exercised in chambers or elsewhere in the

discretion of the judge. Any hearing held pursuant to the

provisions of this act may be held at such place as the court

directs.

B. Any order appointing a guardian must be entered as and

become a decree of the court.

C. Except as otherwise specifically provided by this act, the

provisions of Title 58 of the Oklahoma Statutes relative to the

estates of decedents, so far as they relate to the practice in the

courts, apply to proceedings under this title. The rules of civil

procedure including the rules concerning discovery, vacation of

Oklahoma Statutes - Title 30. Guardian and Ward Page 15

orders and appellate review, govern proceedings subject to the

Oklahoma Guardianship and Conservatorship Act unless otherwise

provided in this title or Title 58 of the Oklahoma Statutes.

R.L. 1910, § 6585. Amended by Laws 1953, p. 249, § 87; Laws 1988,

c. 329, § 16, eff. Dec. 1, 1988. Renumbered from Title 58, § 893 by
Okla. Stat. tit. 30, § 30-3-123 — OK Code / Title 30 / Section 30-3-123
Sale or lease of homestead of incapacitated or partially
Status: in_force

incapacitated person.

Guardians of incapacitated and partially incapacitated persons

are authorized and empowered subject to the dispositional order and

the guardianship plan to sell and convey all or part of the

homestead of the incapacitated or partially incapacitated person,

and to lease all or part of the homestead of the incapacitated or

partially incapacitated person for oil, gas, and other mineral

exploration, development and production purposes and for

agricultural purposes.

Oklahoma Statutes - Title 30. Guardian and Ward Page 59
Okla. Stat. tit. 30, § 30-2-114 — OK Code / Title 30 / Section 30-2-114
Release of minor ward at majority
Status: in_force

After a minor ward has come to his majority, such ward may

settle accounts with his guardian and give him a release, which is

valid, subject to approval of the court, if obtained fairly and

without undue influence.

R.L. 1910, § 3340. Amended by Laws 1988, c. 329, § 35, eff. Dec. 1,

1988. Renumbered from § 21 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-3-115 — OK Code / Title 30 / Section 30-3-115
Appointment of special guardian - Powers - Duration -
Status: in_force

Bond - Removal.

A. The court may appoint a special guardian for a person who

appears to be or has been found to be an incapacitated or partially

incapacitated person when it appears:

1. There is imminent danger that the health or safety of said

person will be seriously impaired or that the financial resources of

said person will be seriously damaged or dissipated unless immediate

action is taken; and

2. No other person appears to have authority to act in the

circumstances or the guardian previously appointed is unable to or

refuses to take action.

B. The request for appointment of a special guardian may be

included in the petition to appoint a guardian or by separate

petition, either of which must be verified.

C. The court may appoint an attorney, separate and apart from

the petitioner's attorney, for the subject of the proceeding who

does not have legal representation and either cannot afford a

private attorney or cannot retain counsel due to incapacity and may

proceed to hear the petition as same pertains to appointment of a

special guardian with or without notice. If notice is required, the

notice shall set a time for hearing on the petition within seventy-

two (72) hours. Notice shall be served on:

1. The subject of the proceeding;

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

3. The spouse of the subject of the proceeding, if any, and if

the spouse is not the petitioner; and

4. At least one other adult relative of the subject of the

proceeding or any other person who is not the petitioner, as

directed by the court.

Oklahoma Statutes - Title 30. Guardian and Ward Page 51

Notice shall be personally served in the manner as the court directs

on the subject of the proceeding and on other persons receiving

notice as directed by the court.

D. The court may without notice appoint a special guardian upon

the filing of the petition, upon presentation of evidence of the

incapacity of the subject of the proceeding, upon a showing that an

immediate or reasonably foreseeable serious physical harm to the

subject of the proceeding or serious impairment of the financial

resources of said person will result from a delay, and upon

presentation of a proposed emergency plan of care for the subject of

the proceeding. Whenever a special guardian is immediately

appointed as provided by this subsection, the court shall cause a

copy of the petition, order and letters of special guardianship to

be served on:

1. The subject of the proceeding;

2. The spouse of the subject of the proceeding, if any, if the

spouse is not the petitioner; and

3. At least one other adult relative of the subject of the

proceeding, if such relative is known or can be ascertained with

reasonable diligence, or by any other person who is not the

petitioner, as directed by the court.

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

E. The court shall grant the special guardian only those powers

necessary to act with respect to the particular emergency, as

determined by the court. The special guardian shall be granted only

powers to accomplish acts that are both supported by the proposed

emergency plan of care and found necessary by the court. Power to

change the place of residence of the subject of the proceeding shall

be specifically granted by the court upon a showing that the needs

of the subject of the proceeding cannot be met within such subject's

present residential arrangements. The court's approval shall be

required for any changes in either the emergency plan of care or the

specified powers of the special guardian. The letters for a special

guardian shall state that the person is a special guardian, the date

of the expiration of the special guardianship, and the specific

power or powers of the special guardian.

F. The appointment of a special guardian shall be effective

from the date of appointment until a guardian is appointed pursuant

to Section 1-112 of this title, or for thirty (30) days, whichever

is less.

G. The court shall not require bond if the appointment is over

the person only, and may require or waive bond if the appointment is

as to the property of the ward.

H. The authority of any guardian or limited guardian previously

appointed by the court is suspended with regard to the powers

granted to the special guardian, but not otherwise, for as long as a

special guardian has authority as provided by this section.

Oklahoma Statutes - Title 30. Guardian and Ward Page 52

I. The court may remove a special guardian at any time. The

special guardian shall file a report showing all actions taken

during the special guardianship and shall make any other report the

court requires.
Okla. Stat. tit. 30, § 30-1-102 — OK Code / Title 30 / Section 30-1-102
Articles in Act
Status: in_force

The Oklahoma Guardianship and Conservatorship Act shall be

composed of the following articles:

Article I General provisions

Article II Minors

Article III Adults

Article IV Miscellaneous

Oklahoma Statutes - Title 30. Guardian and Ward Page 5
Okla. Stat. tit. 30, § 30-3-106.1 — OK Code / Title 30 / Section 30-3-106.1
Court-appointed advocates for vulnerable adults
Status: in_force

programs.

Oklahoma Statutes - Title 30. Guardian and Ward Page 38

A. As used in this section:

1. “Court-appointed advocates for vulnerable adults” or “CAAVA”

means a responsible adult who has been trained and is supervised by

a court-appointed advocates for vulnerable adults program recognized

by the court, and who has volunteered to be available for

appointment under this section to serve as an officer of the court,

as a guardian ad litem to represent the best interests of any

vulnerable adult over whom the district court exercises

jurisdiction, until discharged by the court;

2. “Court-appointed advocates for vulnerable adults program”

means an organized program, administered by either an independent,

not-for-profit corporation, a dependent project of an independent,

not-for-profit corporation, or a unit of local government, which

recruits, screens, trains, assigns, supervises and supports

volunteers to be available for appointment by the court as guardians

ad litem, to represent the best interests of a vulnerable adult;

3. “Vulnerable adult” means a person, eighteen (18) years of

age or older, who is a victim of abuse, neglect or exploitation, or

who is disabled; and

4. “Best interests” means a determination with regard to a

vulnerable adult that is made from the perspective of the vulnerable

adult, considering, but without giving primary importance to, the

convenience of the vulnerable adult’s relatives, caregivers or

health care providers, and without regard for the perceived quality

of life of the vulnerable adult or the vulnerable adult’s perceived

nearness to death.

B. The following entities shall collectively develop policy

guidelines for court-appointed advocates for vulnerable adults

programs:

1. Oklahoma Planning Council on Developmental Disabilities;

2. Court-appointed special advocates (CASA);

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

4. Adult Protective Services Program Office;

5. Office of Public Guardian;

6. Advocacy Partnership for Aging Oklahomans;

7. The State Long-Term Care Ombudsman; and

8. The Developmental Disabilities Division of the Department of

Human Services.

C. 1. Whenever a petition is filed alleging that a potential

ward, hereinafter referred to as a vulnerable adult, is abused,

neglected, exploited or disabled, or for any other action related to

the vulnerable adult, the court may appoint a guardian ad litem for

the vulnerable adult at any time subsequent to the filing of the

petition.

2. The court may appoint a guardian ad litem upon the request

of the vulnerable adult, the attorney of the vulnerable adult, the

Office of Public Guardian, the Adult Protective Services Program

Oklahoma Statutes - Title 30. Guardian and Ward Page 39

Office, Aging Services Division and the Developmental Disabilities

Services Division within the Department of Human Services, the

Office of the State Long-Term Care Ombudsman, the state legal

services developer, or any other party to the action.

3. A guardian ad litem shall not be a district attorney, an

employee of the office of the district attorney, the vulnerable

adult’s attorney, an employee of the court, or an employee of any

public agency having duties or responsibilities related to the

vulnerable adult.

4. The guardian ad litem shall be appointed to advocate

objectively on behalf of the vulnerable adult and act as an officer

of the court to investigate all matters concerning the best

interests of the vulnerable adult. In addition to other duties

required by the court and as specified by the court, a guardian ad

litem shall have the following responsibilities:

a. review documents, reports, records and other

information relevant to the case, meet with and

observe the vulnerable adult in appropriate settings,

and interview relatives, health care providers, adult

protective services workers and any other persons with

knowledge relevant to the case,

b. advocate for the vulnerable adult’s best interests by

participating in the case, attending any hearings in

the matter and advocating for appropriate services for

the vulnerable adult when necessary,

c. maintain the confidentiality of information related to

the case,

d. monitor the vulnerable adult's best interests

throughout any judicial proceeding, and

e. present written reports on the vulnerable adult’s best

interests that include conclusions and

recommendations, and the facts upon which they are

based.

5. The guardian ad litem shall be given access to the court

files and agency files and access to all documents, reports, records

and other information relevant to the case and to any records and

reports of examination of the vulnerable adult’s relatives, guardian

or custodian, made pursuant to the laws relating to adult abuse and

neglect, including reports generated by service providers.

D. 1. Whenever a court-appointed advocates for vulnerable

adults program is available to the court to serve as a guardian ad

litem, priority shall be given to appointment of the court-appointed

advocate for vulnerable adults to serve as guardian ad litem for the

vulnerable adult regardless of whether a guardian ad litem has been

requested pursuant to the provisions of this subsection.

2. A court-appointed advocates for vulnerable adults (CAAVA)

program may be made available to each judicial district.

Oklahoma Statutes - Title 30. Guardian and Ward Page 40

3. For purposes of this section, the terms "court-appointed

advocate for vulnerable adults" and “guardian ad litem” shall have

the same function. In like manner, a court-appointed advocate for

vulnerable adults, except as specifically otherwise provided by law

or by the court, shall have the same power, duties and

responsibilities as assigned to a guardian ad litem by law and shall

have such other qualifications, duties and responsibilities as may

be prescribed by rule of the Supreme Court.

4. A court-appointed advocate for vulnerable adults shall serve

without compensation.

E. 1. Any person participating in a judicial proceeding as a

court-appointed advocate for vulnerable adults shall be presumed

prima facie to be acting in good faith and in so doing shall be

immune from any civil liability that otherwise might be incurred or

imposed.

2. Any person serving in a management position of a court-

appointed advocate for vulnerable adults organization, including a

member of the Board of Directors acting in good faith, shall be

immune from any civil liability or any vicarious liability for the

negligence of any court-appointed advocate for vulnerable adults

organization advocates, managers or directors.
Okla. Stat. tit. 30, § 30-3-125 — OK Code / Title 30 / Section 30-3-125
Application - Sections 60 and 61 cumulative
Status: in_force

Sections 60 and 61 of this act apply only to the homestead and

are cumulative and in addition to any such procedures now provided

or permissible under existing statutes.
Okla. Stat. tit. 30, § 30-3-107 — OK Code / Title 30 / Section 30-3-107
Appointment of counsel - Explanation and inquiry by
Status: in_force

court - Replacement of appointed counsel - Determination of

independence of retained counsel - Record.

A. If at or prior to a hearing on a petition alleging a person

to be an incapacitated or partially incapacitated person, or if at

any point in the course of a proceeding pursuant to said petition,

the subject of the proceeding is not represented by counsel, the

court may appoint an attorney as provided in this section, and the

court may at any time subsequent to the filing of said petition

appoint a guardian ad litem to assist the court in making a

determination as to whether or not an attorney should be appointed

for the subject of the proceeding. Where available, an attorney

appointed by the court may be a public defender.

B. If the subject of the proceeding is present at the hearing

on the petition and is not represented by counsel at said hearing:

1. The court shall explain on the record:

a. the purpose and potential consequences of the

proceeding; and

b. the right to be represented by counsel upon request

and that if the subject of the proceeding wishes to be

represented by counsel, the court will appoint an

attorney to represent the subject of the proceeding at

the hearing on the petition.

Oklahoma Statutes - Title 30. Guardian and Ward Page 41

2. Following such explanation the court shall inquire of the

subject of the proceeding whether he wishes to have an attorney

appointed.

a. If the subject of the proceeding requests the

appointment of an attorney, the court shall appoint an

attorney.

b. If the subject of the proceeding does not request the

appointment of an attorney and the court is in doubt

as to whether the subject of the proceeding is capable

of making an informed decision regarding the

appointment of an attorney and the court determines

that it is in the best interest of the subject of the

proceeding to be represented by counsel, the court

shall appoint an attorney for the subject of the

proceeding, or if the court determines that the

appointment of counsel is not in the best interest of

the subject of the proceeding, the court shall not

appoint an attorney.

c. If the subject of the proceeding does not request the

appointment of an attorney and the court determines

that the subject of the proceeding is capable of

making an informed decision regarding the appointment

of an attorney, the court shall not appoint an

attorney.

3. The court may make the explanation and inquiry required by

this subsection, regarding the purpose and potential consequences of

the proceeding and the appointment of an attorney, prior to the

hearing on the petition. At the hearing on the petition the court

shall include on the record the facts related to said explanation

and inquiry, the determinations made by the court with respect

thereto and the reasons for such determinations.

C. If the subject of the proceeding is not present at the

hearing on a petition alleging him to be an incapacitated or

partially incapacitated person and is not represented by counsel and

the court has not made the explanation and inquiry as provided by

paragraph 3 of subsection B of this section, the court shall make

sufficient inquiry to determine affirmatively whether it would be in

the best interest of the subject of the proceeding to appoint

counsel to represent the subject of the proceeding at the hearing on

the petition.

1. If the court determines that it is in the best interest of

the subject of the proceeding to be represented by counsel, the

court shall appoint an attorney.

2. If the court determines that the appointment of counsel is

not in the best interest of the subject of the proceeding, the court

shall not appoint an attorney.

Oklahoma Statutes - Title 30. Guardian and Ward Page 42

D. Whenever the court determines that the appointment of

counsel is not in the best interests of the subject of the

proceeding, or if the subject of the proceeding does not request the

appointment of an attorney and the court determines that the subject

of the proceeding is capable of making an informed decision

regarding the appointment of counsel, the court shall explain on the

record the reason for such determination.

E. 1. If an attorney is appointed, the court shall delay the

hearing on the petition only for the period of time necessary for

the attorney to prepare the case for the hearing but in no event

less than five (5) days after such appointment.

2. The attorney appointed by the court shall be replaced by

another attorney if:

a. the subject of the proceeding prefers the services of

an attorney other than the one initially appointed for

him;

b. the preferred attorney agrees to accept the

responsibility; and

c. the subject of the proceeding or the attorney whom he

prefers notifies the court of the preference and the

attorney's acceptance of employment.

3. An attorney appointed pursuant to this section shall contact

the subject of the proceeding promptly after receiving notification

of his appointment. An attorney appointed pursuant to the

provisions of this section shall be compensated pursuant to the

provisions of Section 4-403 of this title.

F. 1. Except as provided by paragraph 2 of this subsection or

as otherwise ordered by the court, the responsibility of an attorney

appointed pursuant to the provisions of this section ceases upon the

appointment of a guardian or limited guardian of the subject of the

proceeding or when a determination not to appeal the decision is

made. The court may appoint an attorney to represent a ward at any

subsequent proceeding.

2. Whenever there is an appeal of a decision made subsequent to

a hearing on a petition requesting the appointment of a guardian or

limited guardian, the responsibility of an attorney appointed

pursuant to this subsection continues with respect to the appeal

until the conclusion of the appeal proceedings. Upon application of

the attorney, the court may allow the attorney to withdraw from the

case and shall appoint another attorney to represent the subject of

the proceeding in any appeal proceedings.

G. In all cases where independent counsel is retained by or on

behalf of the subject of the proceeding, the court shall make

independent inquiry to determine whether counsel is independent and

whether any conflict of interest exists which would preclude proper

representation of the subject of the proceeding or which would be

detrimental to the best interest of the subject of the proceeding.

Oklahoma Statutes - Title 30. Guardian and Ward Page 43

The court shall appoint other counsel where retained counsel is

found not to be independent.

H. Proceedings brought pursuant to the provisions of this

section shall be made a part of the record in the guardianship

proceeding.
Okla. Stat. tit. 30, § 30-7-104 — OK Code / Title 30 / Section 30-7-104
Petition for approval as standby guardian — Notice —
Status: in_force

Order.

A. A designated standby guardian or alternate shall file a

petition for approval as standby guardian. The petition shall be

filed as soon as practicable after the occurrence of the triggering

event but in no event later than thirty (30) days after the

triggering event. The authority of the standby guardian shall cease

upon his or her failure to so file but shall recommence upon such

filing. The petition shall be accompanied by a copy of the

designation and any documentation supporting the occurrence of the

triggering event.

B. Upon the filing of a petition, notice of the filing shall

promptly be given to each parent of the child whose identity and

whereabouts are known to the petitioner. The court shall direct the

issuance of summonses to the child, if the child is twelve (12)

years of age or older and the proposed standby guardian and

alternate, if any, and such other persons as appear to the court to

be necessary parties to the proceedings including the child’s

parents, stepparents, grandparents, adult siblings, guardian, legal

custodian or other person standing in loco parentis, if the identity

and whereabouts of such persons are known.

C. The court shall enter an order approving the standby

guardian upon finding that:

1. The person was duly designated as standby guardian pursuant

to this act and the designation has not been revoked;

2. A triggering event occurred, and the parent consented to

commencement of the standby guardian’s authority;

3. The best interests of the child will be served by approval

of the standby guardian; and

4. If the petition is by an alternate standby guardian, that

the designated standby guardian is unwilling or unable to serve.

D. An order approving the standby guardian shall not be entered

without a hearing if there is another known parent, stepparents,

adult siblings, or other adult related to the child by blood,

marriage, or adoption who requests a hearing within ten (10) days of

the date that notice of the filing was sent or if there is other

litigation pending regarding custody of the child.

E. Prior to any hearing on the petition, the court may appoint

a guardian ad litem to represent the child. The qualified parent

shall not be required to appear in court if the parent is detained

and unable to appear, or upon motion for any other good cause shown.
Okla. Stat. tit. 30, § 30-3-306 — OK Code / Title 30 / Section 30-3-306
Definitions - Applicability
Status: in_force

(a) In this article:

(1) “Emergency” means a circumstance that likely will result in

substantial harm to a respondent’s health, safety, or welfare, and

for which the appointment of a guardian is necessary because no

other person has authority and is willing to act on the respondent’s

behalf;

(2) “Home state” means the state in which the respondent was

physically present, including any period of temporary absence, for

at least six (6) consecutive months immediately before the filing of

a petition for a protective order or the appointment of a guardian;

or if none, the state in which the respondent was physically

present, including any period of temporary absence, for at least six

(6) consecutive months ending within the six (6) months prior to the

filing of the petition; and

(3) “Significant-connection state” means a state, other than

the home state, with which a respondent has a significant connection

other than mere physical presence and in which substantial evidence

concerning the respondent is available.

Oklahoma Statutes - Title 30. Guardian and Ward Page 66

(b) In determining under Section 8 and subsection (e) of

Section 15 of this act whether a respondent has a significant

connection with a particular state, the court shall consider:

(1) The location of the respondent’s family and other persons

required to be notified of the guardianship or protective

proceeding;

(2) The length of time the respondent at any time was

physically present in the state and the duration of any absence;

(3) The location of the respondent’s property; and

(4) The extent to which the respondent has ties to the state

such as voting registration, state or local tax return filing,

vehicle registration, driver license, social relationship, and

receipt of services.
Okla. Stat. tit. 30, § 30-1-107 — OK Code / Title 30 / Section 30-1-107
Ward defined
Status: in_force

A person over whom a guardian is appointed and a person over

whose property a guardian or conservator is appointed is called a

ward.

R.L. 1910, § 3322. Amended by Laws 1988, c. 329, § 7, eff. Dec. 1,

1988. Renumbered from § 2 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-3-126 — OK Code / Title 30 / Section 30-3-126
Estates of incapacitated or partially incapacitated
Status: in_force

persons not exceeding $10,000.00 - Disposition - Discharge and

release.

A. When the whole estate of an adult who has been adjudicated

to be incapacitated or partially incapacitated does not exceed the

value of Ten Thousand Dollars ($10,000.00), the court may, in its

discretion, without the appointment of a guardian or the giving of

bond, authorize the deposit thereof in a depositary authorized to

receive fiduciary funds in the name of a suitable person designated

by such court, or, if the assets do not consist of money, authorize

Oklahoma Statutes - Title 30. Guardian and Ward Page 60

the delivery thereof to a suitable person designated by such court.

The person receiving such property shall hold and dispose of the

same in such manner as such court directs.

B. The person making payment, delivery, transfer or issuance of

property or evidence thereof to the person designated by such court

under this section is discharged and released to the same extent as

if such payment, delivery, transfer or issuance was made to a

guardian of the incapacitated or partially incapacitated person, and

he is not required to see to the application thereof. A person

making payment, delivery, transfer or issuance of property, or

evidence thereof, to a next friend or guardian ad litem may be

discharged and released as provided for in the Oklahoma Guardianship

and Conservatorship Act.
Okla. Stat. tit. 30, § 30-2-107 — OK Code / Title 30 / Section 30-2-107
Guardian in charge of education
Status: in_force

If the minor has no father or mother living who is competent to

have charge of the education of the minor, the guardian appointed by

the court shall have the same.

R.L. 1910, § 6531. Amended by Laws 1988, c. 329, § 31, eff. Dec. 1,

1988. Renumbered from Title 58, § 801 by Laws 1988, c. 329, § 134,

eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-4-901 — OK Code / Title 30 / Section 30-4-901
Civil liability of guardians or petitioners - Damages
Status: in_force

A. Any guardian who willfully violates the duties or willfully

misuses the powers assigned by the court and thereby causes injury

to the ward or damages to the financial resources of the ward shall,

in addition to any criminal penalties, be liable in a civil action

for any actual damages suffered by the ward. Nothing in this

subsection shall limit the authority of the court to surcharge a

guardian as otherwise provided by law.

B. Any person who willfully or maliciously files a false

petition or application pursuant to the provisions of this act or a

petition or application without a reasonable basis in fact for such

a petition pursuant to the provisions of the Oklahoma Guardianship

and Conservatorship Act shall be liable in a civil suit for any

actual damages suffered by the subject of the petition or

application.
Okla. Stat. tit. 30, § 30-14 — OK Code / Title 30 / Section 30-14
Renumbered as § 1-119 of this title by Laws 1988, c. 329, §
Status: in_force

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-3-108 — OK Code / Title 30 / Section 30-3-108
Evaluations of subject of proceeding
Status: in_force

A. After the filing of the petition, the court may, on its own

motion or at the request of any party to the proceeding, if the

court determines it to be for the best interest of the ward, order

an evaluation of the subject of the proceeding in connection with

any proceeding pursuant to the provisions of the Oklahoma

Guardianship and Conservatorship Act where the capacity of said

person is a material issue.

B. Any evaluations made pursuant to the Oklahoma Guardianship

and Conservatorship Act, as appropriate for the condition or alleged

condition of the person being evaluated, shall be performed by:

1. A physician;

2. A psychologist;

3. A social worker with a graduate degree in social work and

field training or experience in working with incapacitated or

partially incapacitated persons; or

4. Other expert with knowledge of the particular incapacity or

disability which the individual is alleged or has been found to

have, or knowledge of the skills required to meet the essential

requirements for the individual's physical health or safety or to

manage that individual's financial resources.

C. An evaluation report prepared and signed by the person or

persons performing the evaluation shall be submitted to the court

prior to the hearing at which the court shall consider the report.

The report shall include, but not be limited to:

1. A description of the nature and extent of the incapacity of

the person, if any;

2. A description of the mental, emotional and physical

condition of the person, his ability to function in the ordinary

activities of daily life and, if appropriate, the educational

condition, adaptive behavior and social skills of the person;

3. An opinion regarding the kind and extent of assistance, if

any, required by the person;

4. An assessment and review of any services necessary to

provide for the well-being of the person in the following areas:

a. physical health,

b. mental health,

c. social skills, and

d. adequate and appropriate living conditions;

Oklahoma Statutes - Title 30. Guardian and Ward Page 44

5. An opinion regarding:

a. the probability that the extent of the incapacity, if

any, of the person may significantly lessen or

increase, and

b. the type of services or treatment, if any, appropriate

for the subject of the proceeding or which could

facilitate improvement in the condition of the subject

of the proceeding; and

6. A description of any tests or other evaluative techniques

used.
Okla. Stat. tit. 30, § 30-3-305 — OK Code / Title 30 / Section 30-3-305
Testimony of a witness located in another state
Status: in_force

(a) In a guardianship or protective proceeding, in addition to

other procedures that may be available, testimony of a witness who

is located in another state may be offered by deposition or other

means allowable in this state for testimony taken in another state.

The court on its own motion may order that the testimony of a

witness be taken in another state and may prescribe the manner in

which and the terms upon which the testimony is to be taken.

(b) In a guardianship or protective proceeding, a court in this

state may permit a witness located in another state to be deposed or

to testify by telephone or audiovisual or other electronic means. A

court of this state shall cooperate with the court of the other

state in designating an appropriate location for the deposition or

testimony.

(c) Documentary evidence transmitted from another state to a

court of this state by technological means that do not produce an

original writing may not be excluded from evidence on an objection

based on the best evidence rule.
Okla. Stat. tit. 30, § 30-4-503 — OK Code / Title 30 / Section 30-4-503
Death of joint guardian
Status: in_force

On the death of one of two or more joint guardians, the power

continues to the survivor until a further appointment is made by the

court.

R.L. 1910, § 3336. Renumbered from § 17 of this title by Laws 1988,

c. 329, § 134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-5 — OK Code / Title 30 / Section 30-5
Renumbered as § 1-110 of this title by Laws 1988, c. 329, §
Status: in_force

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-2-102 — OK Code / Title 30 / Section 30-2-102
Nominations of guardian
Status: in_force

A. A guardian of the person or estate, or of both, of a child

born, or likely to be born, may be nominated by will or by other

written instrument, to take effect upon the death of the parent so

nominating:

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

parents.

2. If the child is born out of wedlock, by the mother of the

child or by the natural father of the child, if said natural father

has acknowledged paternity pursuant to Section 55 of Title 10 of the

Oklahoma Statutes or has been judicially determined to be the father

of the child at a paternity proceeding pursuant to Section 70 of

Title 10 of the Oklahoma Statutes, or by both such mother and

father.

B. A nomination made by a parent who has relinquished parental

rights pursuant to an adoption proceeding or whose parental rights

have been terminated by a district court shall have no effect.

Oklahoma Statutes - Title 30. Guardian and Ward Page 21

R.L. 1910, § 3326. Amended by Laws 1988, c. 329, § 26, eff. Dec. 1,

1988. Renumbered from § 6 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1991, c. 71, § 6, emerg.

eff. April 15, 1991.
Okla. Stat. tit. 30, § 30-4-304 — OK Code / Title 30 / Section 30-4-304
Account by one of joint guardians
Status: in_force

When an account is rendered by two or more joint guardians, the

judge of the district court may allow the same upon oath of any of

them.

R.L. 1910, § 6551. Renumbered from Title 58, § 873 by Laws 1988, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 59,

operative July 1, 1990.
Okla. Stat. tit. 30, § 30-4-752 — OK Code / Title 30 / Section 30-4-752
Sale of property for investment
Status: in_force

When it appears to the satisfaction of the court, upon the

petition of the guardian, that for the benefit of the ward or the

real or personal estate of the ward, or some part of said estate,

should be sold, and the proceeds thereof invested, the guardian may

sell the same for such purpose upon obtaining an order therefor.

R.L. 1910, § 6554. Amended by Laws 1988, c. 329, § 100, eff. Dec.

1, 1988. Renumbered from Title 58, § 822 by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.

Oklahoma Statutes - Title 30. Guardian and Ward Page 103
Okla. Stat. tit. 30, § 30-4-404 — OK Code / Title 30 / Section 30-4-404
Costs - Appointment of guardian to authorize entry into
Status: in_force

armed forces – Performance of conditions.

A. No costs shall be required by the court clerk in any

guardianship proceeding where the proceeding is for the purpose of

appointing a guardian to approve or authorize the ward to enter the

armed forces of the United States.

B. If the court waives the report, the court may waive the fee

for the filing of the annual guardianship report required by Section

152 of Title 28 of the Oklahoma Statutes, for a guardian or limited

guardian of the person of an incapacitated or partially

incapacitated person or for a guardian of the person of a minor.

C. The clerk of the district court in which an application for

a relative guardianship, defined as an application for the care and

custody of a child to be transferred to an adult relative of the

child within the third degree of consanguinity, is filed shall

collect as court costs a fee of Fifty Dollars ($50.00). The court

may waive the fee if, in the opinion of the court, it creates a

financial hardship for the individual applying for a relative

guardianship.

D. The performance of such conditions shall be a part of the

duties of the guardian, for the faithful performance of which the

guardian and the sureties on the guardian’s bond are responsible.Oklahoma Statutes - Title 30. Guardian and Ward Page 3
Okla. Stat. tit. 30, § 30-1-114 — OK Code / Title 30 / Section 30-1-114
Powers of court
Status: in_force

A. In all cases the court making the appointment of a guardian

has exclusive jurisdiction to control such guardian in the

management and disposition of the person and property of the ward.

B. The court has jurisdiction over guardianship proceedings,

and has the following powers, which must be exercised in the manner

prescribed by statute, to:

1. Appoint and remove guardians for minors and for

incapacitated and partially incapacitated persons;

2. Issue and revoke letters of guardianship;

3. Control the conduct of guardians with regard to the care and

treatment provided to their wards;

4. Control the conduct of guardians with regard to the

management of the financial resources of their wards, including but

not limited to the power to:

a. compel guardians to submit plans, reports, inventories

and accountings to the court,

Oklahoma Statutes - Title 30. Guardian and Ward Page 13

b. compel payment and delivery by guardians of property

belonging to their wards,

c. order the payment of debts, the sale of property, and

order and regulate the distribution of property which

has been placed under the control or management of a

guardian, and

d. settle the accounts of guardians;

5. Appoint appraisers of the property of wards;

6. Compel the attendance of witnesses and the production of

documents and property;

7. After a petition has been filed for appointment of a

guardian for a minor, make or modify any temporary order of

guardianship during the progress of the proceedings that would be in

the best interest of the ward. Any such temporary order may be

entered ex parte with written notice sent to all parties directing

them to appear before the court, at a time and place therein

specified, not more than twenty (20) days from the time of making

such order, to show cause why the order should not be granted for

temporary guardianship; and

8. Exercise all powers conferred by the Oklahoma Guardianship

and Conservatorship Act, Section 1-101 et seq. of this title, and to

make such orders as may be necessary for the exercise of said

powers.

C. The chief judge of each district court shall establish by

court rule a system for:

1. The filing of guardianship and conservatorship cases and

records which distinguish them from probate cases; and

2. Monitoring the filing of annual reports and inventories

required by this title for the purpose of assuring that the court

will be notified of annual reports as they fall due and whether or

not said reports are filed.

R.L. 1910, § 3330. Amended by Laws 1988, c. 329, § 14, eff. Dec. 1,

1988. Renumbered from § 10 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 11,

operative July 1, 1990; Laws 1992, c. 115, § 1, eff. Sept. 1, 1992.
Okla. Stat. tit. 30, § 30-4-760 — OK Code / Title 30 / Section 30-4-760
Testimony - Witnesses - Attendance and examination of
Status: in_force

At the hearing on the petition the guardian may be examined on

oath, witnesses may be produced and examined, and process to compel

the attendance and testimony of witnesses may be issued by the

court.

R.L. 1910, § 6561. Amended by Laws 1988, c. 329, § 107, eff. Dec.

1, 1988. Renumbered from Title 58, § 829 by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-3-114 — OK Code / Title 30 / Section 30-3-114
Assignment of powers to limited guardian - Endorsement
Status: in_force

of limitation or specification of assets upon letters of

guardianship.

A. The court may assign to a limited guardian of the person any

portion of the powers and duties of a general guardian of the person

except the power to take custody of the person of the ward. The

court may also assign to the limited guardian the duty to assist the

ward in those particular areas in which the capacity of the ward is

impaired including, but not limited to, the duty to assist the ward

in:

1. Meeting the requirements for his health or safety;

2. Protecting his rights;

3. Obtaining necessary services;

4. Fulfilling his civic duties; and

5. Any other areas as determined necessary by the court and

which are not specifically prohibited by Section 56 of this act.

Oklahoma Statutes - Title 30. Guardian and Ward Page 50

B. An order specifying that only part of the property or estate

of a ward is under the control or management of the guardian creates

a limited guardianship of the property.

1. The court may assign to a limited guardian of property any

of the duties and powers of a general guardian of the property

regarding the management of financial resources which the partially

incapacitated person lacks the capacity to perform; or

2. The court may assign to a limited guardian of property the

duty of assisting the ward to perform any of such functions with

regard to any financial resource of the ward.

C. If the court limits any power conferred on the guardian of

property or specifies that management of some but not all assets of

the ward be placed under the control of a guardian of the property,

the limitation or specification of assets subject to the

guardianship must be endorsed upon the letters of guardianship.
Okla. Stat. tit. 30, § 30-3-113 — OK Code / Title 30 / Section 30-3-113
Order appointing guardian - Specific determinations of
Status: in_force

capacity - Submission of guardianship plan - Other orders.

A. The order appointing a guardian, based upon evidence

adduced, shall set forth:

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

2. The name and address of the individual, if any, appointed to

serve as the limited guardian or guardian;

3. The specific limitations imposed upon the ward, if the ward

is a partially incapacitated person;

4. Any authority granted a guardian of the person of the ward

to change the place of abode of the ward outside of the state or

county without the prior permission of the court;

5. Findings of fact as to whether the ward retains sufficient

capacity to vote; and

6. Whenever the court determines a review hearing is necessary

or desirable, the date of the review hearing.

B. In establishing the specific limitations on the legal

activities of a ward for whom a limited guardian of the person is

appointed, the court shall make specific determinations regarding

the capacity of the subject of the proceeding, including but not

limited to determining whether the ward retains sufficient capacity:

1. To vote;

2. To serve as a juror;

3. To operate a motor vehicle;

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

ward; and

5. To make personal medical decisions including but not limited

to decisions to withhold or withdraw life-sustaining procedures, to

receive hospice services through a home or inpatient hospice

program, to donate organs, to undergo elective surgery, or to

consent to routine or necessary medical or other professional care,

treatment or advice.

C. In establishing the specific limitations on the legal

abilities of a ward for whom a limited guardian of the property is

appointed, the court shall make specific determinations regarding

the capacity of the subject of the proceeding, including but not

limited to determining whether the ward retains sufficient capacity

to:

1. Appoint an agent to act on his behalf;

2. Enter into contracts;

3. Grant conveyances; or

Oklahoma Statutes - Title 30. Guardian and Ward Page 49

4. Make gifts of property.

D. If not submitted with the petition or at the hearing, the

guardian or limited guardian shall submit a guardianship plan as

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

appropriate and a copy of said plan shall be mailed to those persons

entitled to notice pursuant to paragraphs 1, 2, 3 and 7 of

subsection A of Section 3-110 of this title. The guardianship plan

as approved by the court shall be made a part of the order of the

court. Said plan may be modified as provided by this act.

E. The court may, in its discretion, make such further orders

as the court deems necessary for the best interest of the ward for

care of the ward and maintenance or management of the ward’s

property, including but not limited to:

1. Order the guardian of the property of the ward to provide

the ward from such property with specified amounts of money,

monthly, or from time to time, which the ward may dispose of as the

ward shall determine and for which, other than a showing of the

amounts paid to the ward, the guardian will not be required to

account. Such order may be modified upon application of the

guardian or any interested person, and a hearing conducted thereon,

with notice of the hearing on such application to be given to those

persons entitled to notice pursuant to paragraphs 1, 2, 3 and 7 of

subsection A of Section 3-110 of this title and shall be given as

provided in Section 3-110 of this title; and

2. The amount of the bond as required by Section 4-201 of this

title.
Okla. Stat. tit. 30, § 30-3-103 — OK Code / Title 30 / Section 30-3-103
Nomination of guardian or limited guardian by will
Status: in_force

A parent of an unmarried incapacitated or partially

incapacitated person, the spouse of a married incapacitated or

partially incapacitated person, or an adult child of such person who

is serving as guardian or limited guardian may nominate by will, or

by other writing executed by the nominating parent or parents,

spouse, or adult child, an individual to serve as guardian or

limited guardian upon the death or incapacity of the nominator.

Such nomination shall be executed by the nominator in the same

manner as provided for nominations made pursuant to Section 3-102 of

this title.

Oklahoma Statutes - Title 30. Guardian and Ward Page 35
Okla. Stat. tit. 30, § 30-3-302 — OK Code / Title 30 / Section 30-3-302
Definitions
Status: in_force

As used in the Uniform Adult Guardianship and Protective

Proceedings Jurisdiction Act:

(1) “Adult” means an individual who has attained eighteen (18)

years of age;

(2) “Conservator” means a person appointed by the court to

administer the property of an adult;

(3) “Guardian” means a person appointed by the court to make

decisions regarding the person of an adult;

(4) “Guardianship order” means an order appointing a guardian;

(5) “Guardianship proceeding” means a judicial proceeding in

which an order for the appointment of a guardian is sought or has

been issued;

(6) “Incapacitated person” means an adult for whom a guardian

has been appointed;

(7) “Party” means the respondent, petitioner, guardian,

conservator, or any other person allowed by the court to participate

in a guardianship or protective proceeding;

(8) “Person”, except in the term incapacitated person or

protected person, means an individual, corporation, business trust,

estate, trust, partnership, limited liability company, association,

joint venture, public corporation, government or governmental

subdivision, agency, or instrumentality, or any other legal or

commercial entity;

(9) “Protected person” means an adult for whom a protective

order has been issued;

(10) “Protective order” means an order appointing a conservator

or other order related to management of an adult’s property;

(11) “Protective proceeding” means a judicial proceeding in

which a protective order is sought or has been issued;

(12) “Record” means information that is inscribed on a tangible

medium or that is stored in an electronic or other medium and is

retrievable in perceivable form;

Oklahoma Statutes - Title 30. Guardian and Ward Page 64

(13) “Respondent” means an adult for whom a protective order or

the appointment of a guardian is sought; and

(14) “State” means a state of the United States, the District

of Columbia, Puerto Rico, the United States Virgin Islands, a

federally recognized Indian tribe, or any territory or insular

possession subject to the jurisdiction of the United States.
Okla. Stat. tit. 30, § 30-3-217 — OK Code / Title 30 / Section 30-3-217
Compensation of conservator
Status: in_force

The conservator shall receive as compensation for his services

the compensation provided by law for guardians.
Okla. Stat. tit. 30, § 30-4-710 — OK Code / Title 30 / Section 30-4-710
Transfer of real or personal property – Protective
Status: in_force

arrangements.

A. If a ward is the owner of any real or personal property that

is or may be deemed an available resource by the United States

Social Security Administration or by the applicable Medicaid rules

promulgated by the Oklahoma Health Care Authority or other state

agency, the guardian may petition the court for permission to

transfer or convey such property to a protective arrangement in

accordance with this section.

1. The guardian shall file a verified petition setting forth

what specific property is or may be deemed a resource by the federal

or state authority, including an affirmative statement that such

resource will or may affect the ward's receipt of public benefits

unless such resource is transferred to a protective arrangement. As

used in this section, "protective arrangement" includes, but is not

Oklahoma Statutes - Title 30. Guardian and Ward Page 101

limited to, any of the following transfers or conveyances of the

ward's resources:

a. to a first-party Medicaid payback trust, also known as

a d4A trust,

b. to a pooled trust approved by the Oklahoma Department

of Human Services, also known as a d4C trust,

c. as permitted by the administrative rules promulgated

by the Oklahoma Health Care Authority, such as to a

spouse or qualified disabled child of the ward,

d. to a sole benefit trust for the benefit of the spouse

or qualified disabled child of the ward,

e. to a sole benefit trust for any qualified disabled

person,

f. to a qualified disabled child or caregiving child of

the ward who qualifies pursuant to administrative

rules by providing caregiving services for the

required period of time, or

g. to a qualified Achieving a Better Life Experience

(ABLE) account within or without the State of

Oklahoma.

2. The court shall set the petition for a hearing not less than

ten (10) days nor more than thirty (30) days from the date of

filing.

a. Notice of the hearing shall be given to those persons

entitled to notice of the guardian's annual report

pursuant to Section 4-307 of Title 30 of the Oklahoma

Statutes. If the court has previously waived the

filing of the guardian's annual report, then notice

shall be given to those persons entitled to notice

pursuant to Section 3-110 of Title 30 of the Oklahoma

Statutes.

b. If all persons entitled to notice have waived such

notice, no notice shall be given and the court shall

proceed without delay to hear the petition.

c. At the hearing, the court shall hear testimony

regarding the public benefits that may be beneficial

to the ward or others and if and how the transfer or

conveyance of the ward's property to a protective

arrangement may allow the ward or others to receive

such public benefits.

B. If the court approves the petition and authorizes the

guardian to transfer or convey the ward's property that is or may be

deemed an available resource to a protective arrangement, such

transfer or conveyance shall not be considered a sale of the

property and shall not be subject to the provisions of Sections 4-

751 through 4-770 of Title 30 of the Oklahoma Statutes. Sections

380 through 512 of Title 58 of the Oklahoma Statutes shall not apply

Oklahoma Statutes - Title 30. Guardian and Ward Page 102

to any transfer or conveyance of the ward's assets to a protective

arrangement pursuant to this section.

C. If a bond was previously required by the court, the court

may continue the bond to include assets transferred or conveyed to a

protective arrangement, require a new bond in a lesser amount due to

the transfer of some or all of the ward's resources or waive the

requirement of a bond on the value of the transferred assets.

D. For the purposes of this section, a protective arrangement

shall not create, expand or otherwise modify any state or federally

authorized rules regarding exemption or transfer of assets or

resources for determination of Medicaid or Social Security

eligibility. Nor shall a court's order authorizing a protective

arrangement have any effect or impact on the protective

arrangement's consideration in the actual Medicaid eligibility

determination decision by the Oklahoma Department of Human Services,

Oklahoma Health Care Authority or other appropriate determining

agency. The primary purpose of this section is to authorize a

guardian to pursue on behalf of his or her ward those same steps

that any legally competent person could pursue to apply for or

retain Medicaid or Social Security benefits.

E. This section shall not infringe upon or void an existing

homestead lien of record that has been filed by the Oklahoma Health

Care Authority pursuant to Section 5051.3 of Title 63 of the

Oklahoma Statutes.
Okla. Stat. tit. 30, § 30-3-320 — OK Code / Title 30 / Section 30-3-320
Applying and construing the act
Status: in_force

In applying and construing this uniform act, consideration must

be given to the need to promote uniformity of the law with respect

to its subject matter among states that enact it.
Okla. Stat. tit. 30, § 30-22 — OK Code / Title 30 / Section 30-22
Renumbered as § 2-115 of this title by Laws 1988, c. 329, §
Status: in_force

134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-4-601 — OK Code / Title 30 / Section 30-4-601
Guardian for nonresident ward - Notice of hearing
Status: in_force

When a person liable to be put under guardianship, according to

the provisions of this chapter, resides without this state, and has

estate therein, any friend of such person, or any one interested in

his estate, in expectancy or otherwise, may apply to the judge of

the district court of any county in which there is any estate of

such absent person, for the appointment of a guardian; and if, after

notice given to all interested, in such manner as the judge orders,

and a full hearing and examination, it appears proper, a guardian

for such absent person may be appointed.

R.L. 1910, § 6570. Renumbered from Title 58, § 861 by Laws 1988, c.

329, § 134, eff. Dec. 1, 1988.
Okla. Stat. tit. 30, § 30-1-123 — OK Code / Title 30 / Section 30-1-123
Letters of guardianship
Status: in_force

Letters of guardianship are evidence of the transfer of the

management or administration of all assets, or the part thereof

specified in the letters, of a ward to the guardian. An order

terminating a guardianship is evidence of transfer of the management

or administration of all assets subject to the guardianship from the

guardian to the ward, or to successors of the ward.