reglab/housing_qa huggingface dataset:
30 OK Stat § 30-3-111 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-3-111. Determination by court - Order appointing guardian - Explanation on record.

|A. At the hearing on the petition the court shall determine whether or not it is necessary to appoint a guardian of the person, property or both. If a guardian is needed, the court shall determine: |1. When a general or limited guardian of the person of the subject of the proceeding is requested, the essential requirements for the health and safety of the subject of the proceeding and the skills and knowledge necessary to meet those requirements;2. When a general or limited guardian of the property of the subject of the proceeding is requested, the type and amount of the financial resources of the subject of the proceeding, the essential requirements for managing the financial resources and the skills and knowledge necessary to manage the financial resources;3. The nature and extent of the incapacity of the subject of the proceeding, if any; and4. Whether by clear and convincing evidence the subject of the proceeding is an incapacitated or partially incapacitated person.B. If after a full hearing and examination upon such petition, the court finds by clear and convincing evidence that the subject of the proceeding is an incapacitated or partially incapacitated person, the court shall determine the extent of the incapacity and the feasibility of less restrictive alternatives to guardianship to meet the needs of the subject of the proceeding. Upon such determination, the court may:1. Dismiss the action if the court finds that less restrictive alternatives to guardianship are feasible and adequate to meet the needs of the subject of the proceeding; or2. Appoint a guardian or limited guardian. An order making such an appointment shall include a specific finding that it was established by clear and convincing evidence that the identified needs of the subject of the proceeding require a guardianship instead of less restrictive alternatives.C. Guardianship for an incapacitated person shall be:1. Used only as is necessary to promote and protect the well-being of the person and his or her property;2. Designed to encourage the development of maximum self-reliance and independence of the person; and3. Ordered only to the extent required by the actual mental, physical and adaptive limitations of the person.R.L. 1910, § 6539. Amended by Laws 1953, p. 247, § 80; Laws 1955, p. 302, § 2; Laws 1988, c. 329, § 48, eff. Dec. 1, 1988. Renumbered from Title 58, § 852 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 34, operative July 1, 1990; Laws 2021, c. 133, § 2, eff. Nov. 1, 2021.
30 OK Stat § 30-3-112 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-3-112. Appointment of guardians or limited guardians.

|A. Whenever the court finds the subject of the proceeding to be an incapacitated person the court shall appoint: |1. A general guardian of the person; and2. As the court determines to be necessary and appropriate, a guardian of the property of the ward.B. Whenever the court finds the subject of the proceeding to be a partially incapacitated person the court shall appoint, as necessary and appropriate for said person:1. A limited guardian of the person; or2. A general or a limited guardian of the property of said person; or3. A limited guardian of the person and a general or limited guardian of the property of said person.C. The court may appoint the same or separate persons to serve as guardian or limited guardian of the person and guardian or limited guardian of the property of a ward.Added by Laws 1988, c. 329, § 49, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 35, operative July 1, 1990.
30 OK Stat § 30-3-114 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-3-114. Assignment of powers to limited guardian - Endorsement of limitation or specification of assets upon letters of guardianship.

|A. The court may assign to a limited guardian of the person any portion of the powers and duties of a general guardian of the person except the power to take custody of the person of the ward. The court may also assign to the limited guardian the duty to assist the ward in those particular areas in which the capacity of the ward is impaired including, but not limited to, the duty to assist the ward in: |1. Meeting the requirements for his health or safety;2. Protecting his rights;3. Obtaining necessary services;4. Fulfilling his civic duties; and5. Any other areas as determined necessary by the court and which are not specifically prohibited by Section 56 of this act.B. An order specifying that only part of the property or estate of a ward is under the control or management of the guardian creates a limited guardianship of the property.1. The court may assign to a limited guardian of property any of the duties and powers of a general guardian of the property regarding the management of financial resources which the partially incapacitated person lacks the capacity to perform; or2. The court may assign to a limited guardian of property the duty of assisting the ward to perform any of such functions with regard to any financial resource of the ward.C. If the court limits any power conferred on the guardian of property or specifies that management of some but not all assets of the ward be placed under the control of a guardian of the property, the limitation or specification of assets subject to the guardianship must be endorsed upon the letters of guardianship.Added by Laws 1988, c. 329, § 51, eff. Dec. 1, 1988.
30 OK Stat § 30-3-116 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-3-116. Proceedings to determine restoration to capacity.

|A. Any person who has been judicially determined to be an incapacitated or partially incapacitated person, the guardian or limited guardian, any relative of the ward or any friend of the ward may apply by petition to the district court of the county in which such person was declared incapacitated or partially incapacitated, to have the fact of the ward's restoration to capacity judicially determined. The petition shall be verified, and shall state that such person is no longer incapacitated or partially incapacitated. |B. Upon receiving the petition, the court shall appoint a day for the hearing. Such hearing shall be set within thirty (30) days after the date of the filing of the petition. The court shall cause notice to be served as provided by Section 3-110 of this title and to the attorney of the subject of the proceeding, if any, and if known to the petitioner. At the hearing, the guardian or relative of the petitioner, and in the discretion of the court, any other person, may contest the right of the petitioner to the relief demanded. Witnesses may be required to appear and testify, as in all other civil matters, and may be called and examined by the judge on his own motion. If it is found that the petitioner is no longer incapacitated or partially incapacitated and capable of taking care of himself or his property, or both, his restoration to capacity shall be adjudged, and the guardianship of such person shall cease.R.L. 1910, § 6541. Amended by Laws 1955, p. 303, § 4; Laws 1988, c. 329, § 53, eff. Dec. 1, 1988. Renumbered from Title 58, § 854 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1989, c. 270, § 2, eff. Nov. 1, 1989; Laws 1990, c. 323, § 38, operative July 1, 1990.
30 OK Stat § 30-3-117 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-3-117. Presumption of capacity when guardian discharged without appointment of another.

|Whenever a guardian or limited guardian who has been appointed for an incapacitated or partially incapacitated person has been discharged by the final order of a court having jurisdiction thereof, and no other guardian has been appointed for said person by a court of competent jurisdiction, the person for whom said guardian had been appointed shall be presumed to be fully restored and shall be presumed to be fully capable and competent to make contracts and transact any and all business as though said person had never been declared to be incapacitated or partially incapacitated. |Added by Laws 1947, p. 346, § 1. Amended by Laws 1988, c. 329, § 54, eff. Dec. 1, 1988. Renumbered from Title 58, § 855 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 39, operative July 1, 1990.
30 OK Stat § 30-3-118 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-3-118. Duties and powers of guardian or limited guardian.

|A. A guardian or limited guardian of the person of an incapacitated or partially incapacitated person is responsible for the care or control of the ward pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act, and the orders of the court, and the guardianship plan approved by the court and shall perform diligently and in good faith any specific duties and powers assigned by the court. |B. 1. A guardian or limited guardian of the person of an incapacitated or partially incapacitated person shall:a.become or remain sufficiently acquainted with the ward and maintain sufficient contact with the ward to know of the capacities, limitations, needs, opportunities, and physical and mental health of the ward;b.assure that the ward has a place of abode in the least restrictive, most normal setting consistent with the requirements for his health or safety; andc.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; andb.consent to routine or necessary medical or other professional care, treatment, or advice for the ward without liability by reason of the consent for injury to the ward resulting from the negligence or acts of third persons unless a parent would have been liable in the circumstances.C. If satisfied that the incapacity or partial incapacity of the ward has ceased, the guardian or limited guardian shall file a petition requesting a determination on the restoration to capacity of the ward and the termination of the guardianship.Added by Laws 1988, c. 329, § 55, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 40, operative July 1, 1990.
30 OK Stat § 30-3-119 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-3-119. Limitation of powers of guardian.

|A guardian shall have no powers except as provided by the Oklahoma Statutes or given to such guardian in the orders in the guardianship proceeding. This limitation of powers includes but is not limited to the following: |1. No guardian shall have the power to consent on behalf of the ward to the withholding or withdrawal of 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, ord.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; and5. No guardian shall have the power to consent on behalf of the ward to placement of the ward in a facility or institution to which a person without a guardian would have to be committed pursuant to the laws of this state absent formal commitment proceedings in which the ward has independent counsel.Added by Laws 1988, c. 329, § 56, eff. Dec. 1, 1988. Amended by Laws 1989, c. 319, § 3, eff. Nov. 1, 1989; Laws 1990, c. 323, § 41, operative July 1, 1990; Laws 1992, c. 114, § 19, eff. Sept. 1, 1992; Laws 1997, c. 327, § 15, eff. Nov. 1, 1997; Laws 2019, c. 86, § 2, eff. Nov. 1, 2019; Laws 2020, c. 24, § 1, eff. Nov. 1, 2020.
30 OK Stat § 30-3-121 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-3-121. Disposition of financial resources under supervision and control of guardian or limited guardian - Petition for restoration of capacity.

|A. A guardian of the property must keep safe the property of his ward and shall act as a fiduciary as provided by Section 1-121 of this title. |Subject to the order and the guardianship plan for the management of the financial resources of the ward, a guardian or limited guardian of the property of the ward:1. Shall expend or distribute, authorize the expenditure or distribution of, and assist in the expenditure or distribution of, the principal of or income from the financial resources placed under his supervision and control to assure that:a.the essential requirements for the physical health or safety of the ward are met,b.the property rights of the ward are protected,c.the financial resources of the ward which are subject to the guardianship are prudently managed, andd.the guardian or limited guardian of the person of the ward, if any, or if other than the guardian or limited guardian of the property, is able to perform the duties and powers assigned by the court;2. May expend funds of the estate for the support of persons legally dependent on the ward and others who are members of the ward's household who are unable to support themselves, and who are in need of support;3. May, subject to prior specific approval by the court, make gifts to charity, persons, which may include the guardian or limited guardian, or both such charity and persons, as the ward might have been expected to make, based upon an established pattern of giving made by the ward prior to the appointment of a guardian or limited guardian or if the court finds it is in the best interest of the subject of the proceeding on the basis of tax or estate planning. The court may approve gifts of small amounts for holidays, birthdays or similar occasions and shall specify in the order the maximum amount which may be expended for such purpose and the person or persons to whom such gifts can be made, which may include guardians or limited guardians.B. Limited guardians of property shall consider the size of the financial resources of the ward which have not been placed under their supervision or control.C. If satisfied that the incapacity or partial incapacity of the ward has ceased, the guardian or limited guardian of the property shall file a petition requesting a determination on the restoration to capacity of the ward and the termination of the guardianship.Added by Laws 1988, c. 329, § 58, eff. Dec. 1, 1988. Amended by Laws 1989, c. 319, § 4, eff. Nov. 1, 1989; Laws 1990, c. 323, § 43, operative July 1, 1990.
30 OK Stat § 30-3-123 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-3-123. Sale or lease of homestead of incapacitated or partially incapacitated person.

|Guardians of incapacitated and partially incapacitated persons are authorized and empowered subject to the dispositional order and the guardianship plan to sell and convey all or part of the homestead of the incapacitated or partially incapacitated person, and to lease all or part of the homestead of the incapacitated or partially incapacitated person for oil, gas, and other mineral exploration, development and production purposes and for agricultural purposes. |Added by Laws 1959, p. 223, § 1. Amended by Laws 1988, c. 329, § 60, eff. Dec. 1, 1988. Renumbered from Title 58, § 856 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
30 OK Stat § 30-3-124 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-3-124. Sale or lease of real property by guardian - Approval - Joinder of spouse.

|When the ward owns an interest in a tract of real property in addition to a homestead interest, no conveyance, deed, contract or lease executed pursuant to the authority granted by Section 3-123 of this title shall be valid, unless the sale or leasing be conducted in the manner provided by law for the sale or leasing of other lands of an incapacitated or partially incapacitated person, be approved by the court in which the guardianship proceeding is pending, and the spouse of the ward be a party to such conveyance, deed, contract or lease and join in the execution and acknowledgment thereof, but when the ward owns no interest in a tract of real property other than a homestead interest or possible homestead interest, a guardian may execute a conveyance thereof on behalf of the ward for the purpose of waiving such homestead interest or possible homestead interest, if so authorized by order of the court in which such proceeding is pending, made pursuant to application and notice sent by ordinary mail to the persons set forth in Section 3-110 of this title at least ten (10) days prior to the hearing of such application. |Added by Laws 1959, p. 223, § 2. Amended by Laws 1988, c. 329, § 61, eff. Dec. 1, 1988. Renumbered from Title 58, § 857 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1994, c. 234, § 5, eff. Sept. 1, 1994.
30 OK Stat § 30-3-125 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-3-125. Application - Sections 60 and 61 cumulative.

|Sections 60 and 61 of this act apply only to the homestead and are cumulative and in addition to any such procedures now provided or permissible under existing statutes. |Added by Laws 1959, p. 223, § 3. Amended by Laws 1988, c. 329, § 62, eff. Dec. 1, 1988. Renumbered from Title 58, § 858 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
30 OK Stat § 30-3-126 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-3-126. Estates of incapacitated or partially incapacitated persons not exceeding $10,000.00 - Disposition - Discharge and release.

|A. When the whole estate of an adult who has been adjudicated to be incapacitated or partially incapacitated does not exceed the value of Ten Thousand Dollars ($10,000.00), the court may, in its discretion, without the appointment of a guardian or the giving of bond, authorize the deposit thereof in a depositary authorized to receive fiduciary funds in the name of a suitable person designated by such court, or, if the assets do not consist of money, authorize the delivery thereof to a suitable person designated by such court. The person receiving such property shall hold and dispose of the same in such manner as such court directs. |B. The person making payment, delivery, transfer or issuance of property or evidence thereof to the person designated by such court under this section is discharged and released to the same extent as if such payment, delivery, transfer or issuance was made to a guardian of the incapacitated or partially incapacitated person, and he is not required to see to the application thereof. A person making payment, delivery, transfer or issuance of property, or evidence thereof, to a next friend or guardian ad litem may be discharged and released as provided for in the Oklahoma Guardianship and Conservatorship Act.Added by Laws 1967, c. 51, § 2, emerg. eff. April 14, 1967. Amended by Laws 1988, c. 329, § 63, eff. Dec. 1, 1988. Renumbered from Title 58, § 898.2 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 45, operative July 1, 1990.
30 OK Stat § 30-3-211 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-3-211. Petition for appointment of conservator by reason of physical disability - Consent - Notice and hearing.

|When it is represented to the court upon verified petition of any person, any relative, or friend that: |1. A person is an inhabitant or resident of the county or is not a resident of the county or the state but has property within the county;2. That such person is, by reason of physical disability only, unable to manage his property; and3. That such person voluntarily consents to the establishment of a conservatorship and the appointment of a conservator, the court must cause notice to be served personally on the person so alleged to be unable to manage his property and on such other persons and in such manner as the court directs, of the time and place of hearing such petition, not less than five (5) days before the time so appointed, and such person, if able to attend, must be produced before the court at the hearing.Added by Laws 1989, c. 276, § 7, eff. Nov. 1, 1989. Amended by Laws 1990, c. 323, § 46, operative July 1, 1990.
30 OK Stat § 30-3-212 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-3-212. Appointment of conservator - Consent necessary.

|If, after a full hearing and examination upon such petition, it appears to the court that the person in question is, by reason of physical disability, unable to manage his property and that such person consents to the appointment of a conservator, the court shall appoint a conservator of the estate of such person. A conservator shall not be appointed if the person in question does not consent to the appointment. |Added by Laws 1989, c. 276, § 8, eff. Nov. 1, 1989.
30 OK Stat § 30-3-213 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-3-213. Persons ineligible for appointment as conservator.

|No person shall be appointed conservator of an estate who would be ineligible to act as guardian of the ward in such case. |Added by Laws 1989, c. 276, § 9, eff. Nov. 1, 1989.
30 OK Stat § 30-3-214 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-3-214. Care, custody and management of estate - Bond.

|Every conservator appointed to preserve and protect the estate of his ward as provided in Sections 3-201 and 3-202 of Title 30 of the Oklahoma Statutes shall have the care, custody and management of such estate until such conservator is legally discharged. The conservator shall give bond to the State of Oklahoma, in like manner and with like conditions as provided for guardians of incapacitated and partially incapacitated persons. |Added by Laws 1989, c. 276, § 10, eff. Nov. 1, 1989. Amended by Laws 1990, c. 323, § 47, operative July 1, 1990.