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2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-2-106. Appointment of parents as guardians.

A minor's parent who is competent to transact his or her own business and not otherwise unsuitable or disqualified by law to serve as the guardian of said minor, shall be entitled to the guardianship of the minor until the minor has attained the age of fourteen (14) years. The parent petitioning the court for appointment as guardian of the minor must have the endorsement or nomination of the other parent, if the natural parents of the minor are married and living together. In cases where both parents are separately seeking appointment as guardian of the minor, the court may, upon full investigation, appoint the parent who in the judgment of the court is the most competent to look after the interest of said minor.
R.L. 1910, § 6530. Amended by Laws 1913, c. 29, p. 59, § 1; Laws 1988, c. 329, § 30, eff. Dec. 1, 1988. Renumbered from Title 58, § 769 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-2-107. Guardian in charge of education.

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.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-2-109. Conditions of appointment.

A. When any person is appointed guardian of a minor, the court shall include in the order of appointment conditions providing for the care, treatment, education and welfare of the minor.
B. An order providing for the transfer of the permanent care and custody of a child:
1. Shall require that the placement be reviewed within one (1) year after transfer and may require the person to whom custody is transferred to submit any records or reports the court deems necessary for purposes of the review; and
2. Shall require periodic reviews by the court thereafter as necessary to serve the best interests of the child.
R.L. 1910, § 6533. Amended by Laws 1988, c. 329, § 33, eff. Dec. 1, 1988. Renumbered from § 770 of Title 58 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 20, operative July 1, 1990; Laws 2010, c. 358, § 6, emerg. eff. June 7, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-2-110. Investments authorized.

A guardian legally holding funds or assets belonging to or for the benefit of a minor may with the approval of the district court or other court in which such estate is pending, invest such funds or assets or any part thereof, in single premium life, single premium endowment, or single premium annuity contracts of legal reserve life insurance companies as are duly licensed and qualified to transact business within this state.
Added by Laws 1947, p. 346, § 1. Renumbered from Title 58, § 816.1 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 21, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-2-111. Contracts on lives of wards and beneficiaries of trust funds.

Such contracts may be issued on the life of a ward or beneficiary of a trust fund, and shall be so drawn by the insuring company so that the proceeds, or avails thereof shall be the sole property of the person whose funds are invested.
Added by Laws 1947, p. 347, § 2. Renumbered from Title 58, § 816.2 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 22, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-2-112. Interest of guardian.

Such contracts may not be purchased from any company for which the guardian is acting as agent, or receives any commission, or part of any commission, directly or indirectly paid by such company to its agent soliciting or selling such contract.
Added by Laws 1947, p. 347, § 3. Renumbered from Title 58, § 816.3 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 23, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-2-113. When power of guardian appointed by parent ceases.

The power of a guardian appointed for a minor ceases upon:
1. The removal of the guardian;
2. The solemnized marriage of the ward; or
3. The ward's attaining majority.
R.L. 1910, § 3338. Amended by Laws 1988, c. 329, § 34, eff. Dec. 1, 1988. Renumbered from § 19 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 24, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-2-114. Release of minor ward at majority.

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.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-2-115. Limitation of discharge by court.

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.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-2-116. Delivery of up to $10,000 of minor's estate to 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 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.
Added by Laws 1967, c. 51, § 1, emerg. eff. April 14, 1967. Amended by Laws 1988, c. 329, § 37, eff. Dec. 1, 1988. Renumbered from § 898.1 of Title 58 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1996, c. 293, § 2, eff. Nov. 1, 1996.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-101. Petition for appointment of guardian.

A. Any person interested in the welfare of a person believed to be an incapacitated person or partially incapacitated person may file a petition alleging that such person is an incapacitated or partially incapacitated person, and request the appointment of a guardian.
B. The petition shall be verified and shall specify:
1. The names and addresses of persons entitled to notice pursuant to Section 3-110 of this title and to the attorney of the subject of the proceeding, if any, and if known to the petitioner;
2. The nature and degree of the alleged incapacity;
3. The relief requested and the facts and reasons supporting the need for such relief including, where applicable, a description of any acts or behavior of the subject of the proceeding which gave rise to the allegations; and
4. The estimated value of all intangible personal property of the ward.
C. A copy of the results of any physical, psychological or other appropriate professional evaluation of the condition of the subject of the proceeding which has been completed within sixty (60) days prior to the filing of the petition, may be attached to the petition at the time it is filed.
D. A guardianship plan or plans substantially in the form required by Section 3-120 or Section 3-122 of this title or both, as appropriate, may be attached to the petition at the time it is filed or may be submitted to the court at the time of the hearing.
E. Before making the appointment, the court may receive an investigation and report regarding the background and home of the prospective guardian. When required, the investigation and report of the prospective guardian and placement restrictions and requirements shall include a check for the petitioner and each adult member of the petitioner’s household establishing that there is no record of a criminal conviction, protective order or pending criminal charge. Additionally, the report shall include an Oklahoma State Bureau of Investigation name-based criminal background check for the petitioner and each adult member of the petitioner’s household establishing that no record of a criminal conviction exists in the OSBI criminal history repository based on the search criteria provided. The petitioner shall disclose the case name and status of any civil or criminal matter in state or federal court, including but not limited to bankruptcy adjudications, involving the petitioner or any adult household member.
Added by Laws 1988, c. 329, § 38, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 25, operative July 1, 1990; Laws 2007, c. 364, § 1, emerg. eff. June 4, 2007.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-102. Nomination of guardians or alternate guardians by adult - 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
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.
Added by Laws 1961, p. 441, § 1. Amended by Laws 1988, c. 329, § 39, eff. Dec. 1, 1988. Renumbered from Title 58, § 896 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 26, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-102.1. Initiation of guardianship proceedings for minors at least 17 years and 6 months of age.

A. Any person interested in the welfare of a minor, where the minor is at least seventeen (17) years and six (6) months of age and believed to be an incapacitated person or partially incapacitated person, may initiate guardianship proceedings, file a petition pursuant to Section 3-101 of Title 30 of the Oklahoma Statutes and request that any guardianship order take effect immediately on the minor's eighteenth birthday.
B. The petitioner may provide with the petition a copy of the results of an evaluation of the minor by a physician, psychologist or other appropriate professional evaluation that meets the requirements of subsection C of Section 3-101 of Title 30 of the Oklahoma Statutes. If the evaluation was conducted within sixty (60) days prior to the filing of the petition, the petitioner may ask in the petition that the court accept this report in lieu of ordering any additional evaluation pursuant to Section 3-108 of Title 30 of the Oklahoma Statues, and the court may grant the request.
Added by Laws 2017, c. 182, § 1, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-103. Nomination of guardian or limited guardian by will.

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.
Added by Laws 1988, c. 329, § 40, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 27, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-105. Court appointment where nominee is unable, unwilling or 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.
Added by Laws 1961, p. 441, § 2. Amended by Laws 1988, c. 329, § 42, eff. Dec. 1, 1988. Renumbered from Title 58, § 897 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-108. Evaluations of subject of proceeding.

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;
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.
Added by Laws 1988, c. 329, § 45, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 31, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-109. Hearing on petition - Setting of date.

When it is represented to the court in a petition filed pursuant to this act alleging that a person is an incapacitated person or partially incapacitated person, the court shall set a date for a hearing on the petition which date shall be no more than thirty (30) days after the filing of the petition. The court shall cause notice to be served pursuant to the provisions of Section 3-110 of this title and to the attorney of the subject of the proceeding, if any, and if known to the petitioner.
R.L. 1910, § 6538. Amended by Laws 1955, p. 302, § 1; Laws 1972, c. 174, § 1, eff. Oct. 1, 1972; Laws 1988, c. 329, § 46, eff. Dec. 1, 1988. Renumbered from Title 58, § 851 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 32, operative July 1, 1990.
2023 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; and
4. Whether by clear and convincing evidence the subject of the proceeding is an incapacitated or partially incapacitated person.
B. If after a full hearing and examination upon such petition, the court finds by clear and convincing evidence that the subject of the proceeding is an incapacitated or partially incapacitated person, the court shall determine the extent of the incapacity and the feasibility of less restrictive alternatives to guardianship to meet the needs of the subject of the proceeding. Upon such determination, the court may:
1. Dismiss the action if the court finds that less restrictive alternatives to guardianship are feasible and adequate to meet the needs of the subject of the proceeding; or
2. Appoint a guardian or limited guardian. An order making such an appointment shall include a specific finding that it was established by clear and convincing evidence that the identified needs of the subject of the proceeding require a guardianship instead of less restrictive alternatives.
C. Guardianship for an incapacitated person shall be:
1. Used only as is necessary to promote and protect the well-being of the person and his or her property;
2. Designed to encourage the development of maximum self-reliance and independence of the person; and
3. Ordered only to the extent required by the actual mental, physical and adaptive limitations of the person.
R.L. 1910, § 6539. Amended by Laws 1953, p. 247, § 80; Laws 1955, p. 302, § 2; Laws 1988, c. 329, § 48, eff. Dec. 1, 1988. Renumbered from Title 58, § 852 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 34, operative July 1, 1990; Laws 2021, c. 133, § 2, eff. Nov. 1, 2021.
2023 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; and
2. As the court determines to be necessary and appropriate, a guardian of the property of the ward.
B. Whenever the court finds the subject of the proceeding to be a partially incapacitated person the court shall appoint, as necessary and appropriate for said person:
1. A limited guardian of the person; or
2. A general or a limited guardian of the property of said person; or
3. A limited guardian of the person and a general or limited guardian of the property of said person.
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.
2023 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; and
5. 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; 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.
Added by Laws 1988, c. 329, § 51, eff. Dec. 1, 1988.
2023 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.
2023 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.
2023 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; 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.
Added by Laws 1988, c. 329, § 55, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 40, operative July 1, 1990.
2023 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, 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 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.
2023 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, and
d.
the guardian or limited guardian of the person of the ward, if any, or if other than the guardian or limited guardian of the property, is able to perform the duties and powers assigned by the court;
2. May expend funds of the estate for the support of persons legally dependent on the ward and others who are members of the 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; and
3. That such person voluntarily consents to the establishment of a conservatorship and the appointment of a conservator, the court must cause notice to be served personally on the person so alleged to be unable to manage his property and on such other persons and in such manner as the court directs, of the time and place of hearing such petition, not less than five (5) days before the time so appointed, and such person, if able to attend, must be produced before the court at the hearing.
Added by Laws 1989, c. 276, § 7, eff. Nov. 1, 1989. Amended by Laws 1990, c. 323, § 46, operative July 1, 1990.
2023 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.
2023 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.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-215. Powers and duties of conservator - Jurisdiction of 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 payment of his debts, shall be applicable to the estate of a person under conservatorship.
Added by Laws 1989, c. 276, § 11, eff. Nov. 1, 1989. Amended by Laws 1990, c. 323, § 48, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-216. Discharge of conservator - Accounting.

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.
Added by Laws 1989, c. 276, § 12, eff. Nov. 1, 1989. Amended by Laws 1990, c. 323, § 49, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-218. Subsequent appointment of guardian of ward - Effect on estate.

Any subsequent appointment of a guardian of said ward as an incapacitated or partially incapacitated person shall be an appointment as guardian of the person only of said ward and shall not include the appointment of such guardian of the estate of said ward or in any manner affect the custody, management and the handling of the estate of said ward by the conservator so long as such conservatorship proceedings are pending.
Added by Laws 1989, c. 276, § 14, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-220. Validation of prior conservatorships.

All conservatorships created prior to the effective date of the Oklahoma Guardianship and Conservatorship Act, Section 1-101 et seq. of this title, with the consent of the person for whose property a conservator was appointed, are hereby validated. Each such conservatorship shall be presumed to have been created by consent unless otherwise established by documents filed in the conservatorship action or by other evidence.
Added by Laws 1989, c. 276, § 16, eff. Nov. 1, 1989. Amended by Laws 1990, c. 323, § 50, operative July 1, 1990; Laws 1992, c. 395, § 2, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-302. Definitions.

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;
(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.
Added by Laws 2010, c. 257, § 2, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-303. Communication between courts.

(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.
Added by Laws 2010, c. 257, § 3, eff. Nov. 1, 2010.