reglab/housing_qa huggingface dataset:
30 OK Stat § 30-4-763 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-4-763. Sale bond by guardian.

|Every guardian authorized to sell real estate shall, before the sale, give bond to the State of Oklahoma, with sufficient surety to be approved by the court, with condition to sell the same in the manner and to account for the proceeds of the sale as provided for by the Oklahoma Guardianship and Conservatorship Act. The court may order that such bond is not required if the court specifically finds that the general bond, if any, of the guardian is of a sufficient penal amount to provide for the proceeds of the sale in addition to the property secured by said bond or upon a finding by the court that: |1. The anticipated annual income to a ward for one (1) year plus the value of the personal property of the ward, after sale, is less than Forty Thousand Dollars ($40,000.00); and2. 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.
30 OK Stat § 30-4-764 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-4-764. Sales governed by same law as in estates of decedents.

|Except as otherwise specifically provided by the Oklahoma Guardianship and Conservatorship Act, all the proceedings pursuant to petitions of guardians for sales of property of their wards, giving notice and the hearing of such petitions, granting and refusing an order of sale, directing the sale to be made at public or private sale, reselling the same property, return of sale and application for confirmation thereof, notice and hearing of such application, making orders, rejecting or confirming sales and reports of sales and ordering and making conveyances of property sold shall be had and made as provided and required by the provisions of law concerning the estates of decedents. |R.L. 1910, § 6565. Amended by Laws 1953, p. 247, § 78; Laws 1961, p. 441, § 1; Laws 1988, c. 329, § 111, eff. Dec. 1, 1988. Renumbered from Title 58, § 833 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 71, operative July 1, 1990.
30 OK Stat § 30-4-765 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-4-765. Order in force for one year only.

|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.
30 OK Stat § 30-4-766 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-4-766. Terms of sale - Security.

|All sales of real estate of wards must be for cash, or for part cash and part deferred payments not to exceed ten (10) years, bearing interest from date of sale as, in the discretion of the court, is most beneficial to the ward. A guardian making a sale of real property shall demand and receive from the purchasers a note and mortgage on the real estate sold, with such additional security, if any, as the court deems necessary and sufficient to secure the faithful payment of the deferred payments and the interest thereon. |R.L. 1910, § 6567. Amended by Laws 1975, c. 11, § 1, eff. Oct. 1, 1975; Laws 1988, c. 329, § 113, eff. Dec. 1, 1988. Renumbered from Title 58, § 835 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
30 OK Stat § 30-4-767 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-4-767. Limitation of action for recovery of estate sold - Disability and removal thereof.

|No action for the recovery of any estate sold by a guardian can be maintained by the ward, or by any person claiming under him, unless it is commenced within three (3) years immediately following the termination of the guardianship or, when a legal disability to sue exists by reason of minority or otherwise, at the time when the cause of action accrues, within three (3) years immediately following the removal of such disability. |R.L. 1910, § 6583. Amended by Laws 1988, c. 329, § 114, eff. Dec. 1, 1988. Renumbered from Title 58, § 836 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
30 OK Stat § 30-4-768 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-4-768. Exchange of property held by ward or wards in common - Notice.

|When it shall appear to the court to be to the advantage or best interests of the ward, or wards, to exchange an interest in real estate held by such ward or wards in common with another, or others, for other real estate also held in common by such ward or wards with another or others, to be owned solely by said ward or wards, after such exchange, a guardian of the ward's estate may be authorized by the court, after hearing and appraisement, to effectuate such exchange and to give or accept cash in part consideration. The provisions of Section 4-756 of this title governing the giving of notice of hearing of a petition for an order to sell, and appraisement, shall apply and govern an order authorizing an exchange of real estate of a ward or wards by his guardian. |Added by Laws 1971, c. 300, § 1, emerg. eff. June 24, 1971. Amended by Laws 1988, c. 329, § 115, eff. Dec. 1, 1988. Renumbered from Title 58, § 837 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 73, operative July 1, 1990.
30 OK Stat § 30-4-769 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-4-769. Sale of perishable property - Report - Good faith determination of perishability.

|A. Notwithstanding any other provision contained in the Oklahoma Guardianship and Conservatorship Act, a guardian or limited guardian of the property of a ward may sell, at public auction or private sale, without obtaining prior court authorization for sale, without filing a return of sale, and without obtaining court confirmation of sale, any personal property of the ward which is perishable, is otherwise likely to depreciate in value, or would cause the estate of the ward to incur loss or expense if kept. Title to such property shall pass to the purchaser thereof without approval of or confirmation by the court of such sale. |B. With respect to a limited guardian of the property, this section shall apply only to property of the ward which is subject to such limited guardian's control pursuant to a dispositional order.C. Any sale of property made by a guardian or limited guardian of the property of a ward pursuant to this section shall be reported in the accounting next filed by such guardian or limited guardian after the making of the sale. If the court determines the property sold was not perishable or was not otherwise likely to depreciate in value and would not have caused the estate of the ward to incur loss or expense if kept, the guardian or limited guardian who made such sale shall not be surcharged or otherwise held liable with respect to such sale if he made a reasonable determination in good faith that the property sold was perishable, was otherwise likely to depreciate in value, or would have caused the estate of the ward to incur loss or expense if kept.Added by Laws 1988, c. 329, § 116, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 74, operative July 1, 1990.
30 OK Stat § 30-4-770 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-4-770. Former leases legalized.

|All such leases and grants of mineral oil and gas heretofore made and confirmed by the court, in consideration of a royalty, part or portion of the production thereof, are hereby legalized. |R.L. 1910, § 6548. Amended by Laws 1988, c. 329, § 117, eff. Dec. 1, 1988. Renumbered from Title 58, § 809 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
30 OK Stat § 30-4-801 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-4-801. Removal of guardians.

|A guardian may be removed by the district court for any of the following causes: |1. For abuse of his fiduciary responsibility.2. For continued failure to perform his duties.3. For incapacity to perform his duties.4. For gross immorality.5. For having an interest adverse to the faithful performance of his duties.6. If the instrument in which the person was nominated as guardian is judicially determined to be invalid.7. In the case of guardian of the property, for insolvency.8. When it is no longer proper that the ward should be under guardianship.R.L. 1910, § 3337. Amended by Laws 1988, c. 329, § 118, eff. Dec. 1, 1988. Renumbered from § 18 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
30 OK Stat § 30-4-802 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-4-802. Suspension of power of guardian - Marriage of incapacitated or partially incapacitated person.

|A. The power of a guardian is suspended only: |1. By order of the court;2. If the appointment was made solely because of the ward's minority, by his obtaining majority; or3. The guardianship over the person only of a minor ward, by the marriage of the ward.B. Whenever a person who has been found by the court to be an incapacitated or partially incapacitated person marries, the court may, upon application of an interested person, hold a review hearing to determine whether:1. The guardianship should be terminated;2. A successor guardian should be appointed;3. The limitations on the ward, or the powers and duties of the guardian; or4. The guardianship should be continued unchanged.R.L. 1910, § 3339. Amended by Laws 1988, c. 329, § 119, eff. Dec. 1, 1988. Renumbered from § 20 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 75, operative July 1, 1990.
30 OK Stat § 30-4-804 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-4-804. Termination of guardianship when unnecessary.

|The guardian of an incapacitated or partially incapacitated person or minor may be discharged by the court when it appears to the court, on the application of the ward or otherwise, that the guardianship is no longer necessary. |R.L. 1910, § 6579. Amended by Laws 1988, c. 329, § 121, eff. Dec. 1, 1988. Renumbered from Title 58, § 876 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
30 OK Stat § 30-4-805 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-4-805. Distribution of personal property of intestate ward.

|When an adult ward shall die intestate leaving only personal property and his total estate does not exceed Ten Thousand Dollars ($10,000.00), the guardian shall proceed to probate and distribute his estate in the same manner as if he had been appointed personal representative of such estate, and the surety or sureties on his bond shall be responsible for his faithful administration and distribution of such estate. |Added by Laws 1961, p. 441, § 1. Amended by Laws 1969, c. 121, § 1, emerg. eff. April 3, 1969; Laws 1988, c. 329, § 122, eff. Dec. 1, 1988. Renumbered from Title 58, § 895 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 76, operative July 1, 1990.
30 OK Stat § 30-4-901 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-4-901. Civil liability of guardians or petitioners - Damages.

|A. Any guardian who willfully violates the duties or willfully misuses the powers assigned by the court and thereby causes injury to the ward or damages to the financial resources of the ward shall, in addition to any criminal penalties, be liable in a civil action for any actual damages suffered by the ward. Nothing in this subsection shall limit the authority of the court to surcharge a guardian as otherwise provided by law. |B. Any person who willfully or maliciously files a false petition or application pursuant to the provisions of this act or a petition or application without a reasonable basis in fact for such a petition pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act shall be liable in a civil suit for any actual damages suffered by the subject of the petition or application.Added by Laws 1988, c. 329, § 123, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 77, operative July 1, 1990.
30 OK Stat § 30-4-902 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-4-902. Citation for concealment or embezzlement.

|Upon complaint made to the court by any guardian, ward, creditor, or other person interested in the estate, or having a prospective interest therein as heir or otherwise, against anyone suspected of having concealed, or conveyed away any of the money, goods or effects, or an instrument in writing, belonging to the ward or to his estate, the court may require such suspected person to appear before the court, and may examine and proceed with such person on such charge in the manner provided by law with respect to persons suspected of, and charged with, concealing or embezzling the effects of a decedent. |R.L. 1910, § 6577. Amended by Laws 1988, c. 329, § 124, eff. Dec. 1, 1988. Renumbered from Title 58, § 892 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 78, operative July 1, 1990.
30 OK Stat § 30-4-903 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-4-903. Reporting of abuse, neglect or exploitation - Violation and penalty - Civil liability.

|A. 1. Any person having reasonable cause to believe that an incapacitated person, a partially incapacitated person, or a minor is suffering from abuse, neglect, or exploitation shall make a report to the Department of Human Services, the office of the district attorney in the county in which the suspected abuse, neglect, or exploitation occurred, or the local municipal police department or sheriff's department as soon as such person is aware of the situation. |2. With regard to minors, the use of ordinary force as a means of discipline pursuant to Section 844 of Title 21 of the Oklahoma Statutes shall not constitute abuse.3. Reports regarding the abuse, neglect, or exploitation of an incapacitated person, or a partially incapacitated person shall be made and shall be governed by the provisions of the Protective Services for Vulnerable Adults Act. Reports regarding the abuse, neglect, or exploitation of a minor shall be made and shall be governed by the Oklahoma Child Abuse Reporting and Prevention Act.B. Any person who knowingly and willfully fails to promptly report any abuse, neglect, or exploitation as required by the provisions of subsection A of this section, upon conviction, shall be guilty of a misdemeanor.C. Any person participating in good faith and exercising due care in the making of a report pursuant to the provisions of this section shall have immunity from any civil or criminal liability that might otherwise be incurred or imposed. Any such participant shall have the same immunity with respect to participation in any judicial proceeding resulting from such report.D. Any person who willfully or recklessly makes a false report or a report without a reasonable basis in fact for such a report pursuant to the provisions of this section shall be civilly liable for any actual damages suffered by the person or persons being reported and for any punitive damages set by the court or jury which may be allowed in the discretion of the court or jury.E. No employer shall terminate the employment, prevent or impair the practice or occupation of, or impose any other sanction on any employee solely for the reason that the employee made or caused to be made a report or cooperated with an investigation pursuant to the provisions of this section. A court, in addition to other damages and remedies, may assess reasonable attorney fees against an employer who has been found to have violated the provisions of this subsection.Added by Laws 1998, c. 298, § 2, eff. Nov. 1, 1998.
30 OK Stat § 30-4-904 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-4-904. Concealment or removal from jurisdiction of certain persons.

|Any individual who maliciously, forcibly or fraudulently takes or entices away any incapacitated or partially incapacitated person, or any other person over the age of sixteen (16) for whom a guardian has been appointed, with intent to detain and conceal such person from his or her guardian or who transports such person from the jurisdiction of this state or the United States without consent of the guardian or the court shall, upon conviction, be guilty of a felony punishable by imprisonment not to exceed ten (10) years. |Added by Laws 2008, c. 176, § 1, eff. Nov. 1, 2008.
30 OK Stat § 30-6-102 (2021)
2021 Oklahoma Statutes|Title 30. Guardian and Ward|§30-6-102. Public guardianship pilot program – Evaluating board.

|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; and7. 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; and14. Advocacy Partnership for Aging Oklahomans.Added by Laws 2001, c. 310, § 4, emerg. eff. June 1, 2001. Amended by Laws 2004, c. 106, § 9, eff. April 1, 2005.
31 OK Stat § 31-1.1 (2021)
2021 Oklahoma Statutes|Title 31. Homestead and Exemptions|§31-1.1. Earnings from personal services - Exemption from process - Order.

|A. Following the issuance of an execution, attachment, or garnishment, except process to collect a judgment or order for child support or maintenance of children or in cases in which the court has limited or reduced the application of this section pursuant to Section 142.18 of Title 21 of the Oklahoma Statutes, the debtor may file with the court an application requesting a hearing to exempt from such process by reason of undue hardship that portion of any earnings from personal services necessary for the maintenance of a family or other dependents supported wholly or partially by the labor of the debtor. A debtor with no family or other dependents may not claim an exemption under this section. A hearing on the application shall be set and conducted in the manner provided by Section 1172.2 of Title 12 of the Oklahoma Statutes and subsection C of Section 1174 of Title 12 of the Oklahoma Statutes. |B. In determining the existence of an undue hardship, the court should consider the income and expenses of the family and other dependents, and the standard of living created by the income and expenses. The court should also consider the standard of living in relationship to the minimal subsistence needs of the debtor’s family and other dependents, with comparison to the minimal subsistence standards in the community, in regard to basic shelter, food, clothing, personal necessities and transportation. The court should then determine if the lack of the funds sought to be exempt would be an undue hardship by creating less than a minimal level of subsistence. If deprivation of these earnings would create an undue hardship on the debtor and the family or other dependents the debtor supports, the court may:1. Order all or a portion of the personal earnings exempt; or2. In the case of a continuing earnings garnishment pursuant to Section 1173.4 of Title 12 of the Oklahoma Statutes, exempt all or a portion of the personal earnings withheld within the thirty (30) days preceding the filing of the claim for exemption or modify or stay the garnishment for a period of time not to exceed the remainder of the term of the garnishment.Added by Laws 1965, c. 301, § 1. Amended by Laws 1983, c. 50, § 6, emerg. eff. April 26, 1983; Laws 1990, c. 248, § 9, emerg. eff. May 21, 1990; Laws 1993, c. 325, § 20, emerg. eff. June 7, 1993; Laws 1995, c. 338, § 19, eff. Nov. 1, 1995; Laws 2004, c. 450, § 7, eff. Nov. 1, 2004.
31 OK Stat § 31-1.3 (2021)
2021 Oklahoma Statutes|Title 31. Homestead and Exemptions|§31-1.3. Certain income not exempt from process.

|The determination and order issued by the court pursuant to a hearing requested under Section 1.1 of this title shall not take into consideration any total gross family income which exceeds one hundred twenty times the federal minimum hourly wage prescribed by Section 6(a)(1) of the Fair Labor Standards Act of 1938, U.S.C. Title 29, Section 206(a)(1) as amended and in effect at the time the earnings are payable or the equivalent for pay periods other than one (1) week. The excess amounts shall not be subject to exemption due to undue hardship. |Added by Laws 1986, c. 185, § 12, eff. Sept. 1, 1986. Amended by Laws 1990, c. 248, § 10, emerg. eff. May 21, 1990; Laws 1995, c. 338, § 20, eff. Nov. 1, 1995.
31 OK Stat § 31-2 (2021)
2021 Oklahoma Statutes|Title 31. Homestead and Exemptions|§31-2. Homestead - Area and value - Indian allottees - Temporary renting.

|A. The homestead of any person in this state, not within any city or town, shall consist of not more than one hundred sixty (160) acres of land, which may be in one or more parcels, to be selected by the owner. |B. Effective November 1, 1997, the homestead of any person in this state, not within any city or town, annexed by a city or town on or after November 1, 1997, owned and occupied and used for both residential and commercial agricultural purposes shall consist of not more than one hundred sixty (160) acres of land, which may be in one or more parcels, to be selected by the owner.C. The homestead of any person within any city or town, owned and occupied as a residence only, or used for both residential and business purposes, shall consist of not exceeding one (1) acre of land, to be selected by the owner. For purposes of this subsection, at least seventy-five percent (75%) of the total square foot area of the improvements for which a homestead exemption is claimed must be used as the principal residence in order to qualify for the exemption. If more than twenty-five percent (25%) of the total square foot area of the improvements for which a homestead exemption is claimed is used for business purposes, the homestead exemption amount shall not exceed Five Thousand Dollars ($5,000.00).D. Nothing in the laws of the United States, or any treaties with the Indian tribes in the state, shall deprive any Indian or other allottee of the benefit of the homestead and exemption laws of the state.E. Any temporary renting of the homestead shall not change the character of the same, when no other homestead has been acquired.R.L. 1910, § 3343. Amended by Laws 1980, c. 342, § 2, emerg. eff. June 25, 1980; Laws 1997, c. 104, § 2, eff. Nov. 1, 1997; Laws 1997, c. 345, § 2, eff. Nov. 1, 1997.