reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-703. Discharge and release.

The person making payment, delivery, transfer or issuance of property or evidence thereof to the person designated by such court under this section is discharged and released to the same extent as if such payment, delivery, transfer or issuance was made to a guardian of the minor or incapacitated or partially incapacitated person, and he is not required to see to the application thereof. A person making payment, delivery, transfer or issuance of property, or evidence thereof, to a next friend or guardian ad litem may be discharged and released as provided for in the Oklahoma Guardianship and Conservatorship Act.
Added by Laws 1967, c. 51, § 3, emerg. eff. April 14, 1967. Amended by Laws 1988, c. 329, § 94, eff. Dec. 1, 1988. Renumbered from Title 58, § 898.3 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 67, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-704. Service upon guardian - Duty of guardian.

Whenever a minor or an incapacitated or partially incapacitated person has a guardian of his estate residing in this state, personal service upon the guardian of any process, notice, or order of the court concerning the estate of the deceased person, in which the ward is interested, is equivalent to service upon the ward. It is the duty of the guardian to attend to the interests of the ward in the matter. Such guardian may also appear for his ward, and waive any process, notice, or order to show cause which an adult or a person of sound mind might do.
R.L. 1910, § 6568. Amended by Laws 1988, c. 329, § 95, eff. Dec. 1, 1988. Renumbered from Title 58, § 810 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-705. Management of estate - Income applied for support of ward - Sale of realty.

Every guardian must manage the estate of his ward frugally and without waste, and apply the income and profits thereof, as far as may be necessary, for the comfortable and suitable maintenance and support of the ward, and his family, if there be any; and if such income and profits be insufficient for that purpose, the guardian may sell the real estate, upon obtaining an order of the district court therefor, as provided, and must apply the proceeds of such sale, as far as may be necessary, for the maintenance and support of the ward and his family, if there be any.
R.L. 1910, § 6544. Renumbered from Title 58, § 805 by Laws 1988, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-706. Maintenance and support of ward - Credit on settlement - Payment of third person furnishing necessaries on guardian's refusal.

When a guardian has advanced for the necessary maintenance, support and education of his ward, an amount not disproportionate to the value of the estate or condition of life of the ward and the same is made to appear to the satisfaction of the court, by proper supporting documents and proofs, the guardian must be allowed credit therefor in his settlement. Whenever a guardian fails, neglects, or refuses to furnish suitable and necessary maintenance, support or education for his ward, the court may order the guardian to do so and enforce such order by proper process. Whenever any third person, at the request of the ward, supplies a ward with such suitable and necessary maintenance, support or education which is shown to have been done after refusal or neglect of the guardian to supply the same, the court may direct the guardian to pay therefor out of the estate of the ward, and may enforce such payment by due process.
R.L. 1910, § 6545. Amended by Laws 1988, c. 329, § 96, eff. Dec. 1, 1988. Renumbered from Title 58, § 806 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-707. Execution of waivers or consents for wards.

The duly appointed and acting guardian, limited guardian, conservator, attorney in fact, or any other person legally authorized to act on behalf of any minor or incapacitated or partially incapacitated heir, devisee or legatee may execute waivers or consents for his ward as authorized by the court. There shall be attached to each waiver or consent a certified copy of the instrument authorizing him to perform such act.
Added by Laws 1980, c. 310, § 6, eff. Oct. 1, 1980. Amended by Laws 1988, c. 329, § 97, eff. Dec. 1, 1988. Renumbered from Title 58, § 859 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-708. Investment of money and proceeds of sales.

The district court, on the application of a guardian or any person interested in the estate of any ward, after such notice to persons interested therein as the judge shall direct, may authorize and require the guardian to invest the proceeds of sales, and any other of his ward's money in his hands, in real estate, or in any other manner most to the interest of all concerned therein; and the district court may make such other orders and give such directions as are needful for the management, investment and disposition of the estate and effects, as circumstances require.
R.L. 1910, § 6569. Renumbered from Title 58, § 811 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-751. Income insufficient for maintenance - Sale of property necessary.

When the income of an estate under guardianship is not sufficient to maintain the ward and his family, or to maintain and educate the ward when a minor, his guardian may sell the real or personal estate of the ward for that purpose, upon obtaining an order therefor.
R.L. 1910, § 6553. Amended by Laws 1988, c. 329, § 99, eff. Dec. 1, 1988. Renumbered from Title 58, § 821 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-752. Sale of property for investment.

When it appears to the satisfaction of the court, upon the petition of the guardian, that for the benefit of the ward or the real or personal estate of the ward, or some part of said estate, should be sold, and the proceeds thereof invested, the guardian may sell the same for such purpose upon obtaining an order therefor.
R.L. 1910, § 6554. Amended by Laws 1988, c. 329, § 100, eff. Dec. 1, 1988. Renumbered from Title 58, § 822 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-753. Proceeds of sale - Investment - Maintenance of ward and family.

If the property is sold for the purposes mentioned in Sections 4-751 and 4-752 of this title, the guardian must apply the proceeds of the sale to such purposes, as far as necessary, and put out the residue, if any, on interest, or invest it in the best manner in his power as provided in the Oklahoma Guardianship and Conservatorship Act, until the capital is needed for the maintenance of the ward and his family, or the education of his children, or for the education of the ward when a minor, in which case the capital may be used for that purpose, as far as may be necessary, in like manner as if it had been personal estate of the ward.
R.L. 1910, § 6555. Amended by Laws 1988, c. 329, § 101, eff. Dec. 1, 1988. Renumbered from Title 58, § 823 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 68, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-754. Petition for sale - Verification.

To obtain an order for such sale, the guardian must present to the court a verified petition therefor, setting forth the condition of the estate of the ward and the facts and circumstances on which the petition is founded.
R.L. 1910, § 6557. Amended by Laws 1988, c. 329, § 102, eff. Dec. 1, 1988. Renumbered from Title 58, § 825 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-755. Hearing, notice and order.

If it appears to the court, from the petition, that it is necessary or would be beneficial to the ward or the estate of the ward that the real or personal estate, or some part of such estate, should be sold, the court shall thereupon make an order directing all persons entitled to notice pursuant to Section 2-101 of this title for minors or Section 3-110 of this title for adults to appear before the court, at a time and place therein specified in the order and notice, not less than ten (10) nor more than thirty (30) days from the time of making such order, unless notice is waived, as provided in Section 4-756 of this title, to show cause why an order should not be granted for the sale of such estate. If it appear that it is necessary or would be beneficial to the ward to sell the personal estate or some part of it, the court must order the sale to be made.
R.L. 1910, § 6558. Amended by Laws 1953, p. 246, § 74; Laws 1988, c. 329, § 103, eff. Dec. 1, 1988. Renumbered from Title 58, § 826 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 69, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-756. Mailing or publication of order - Waiver of notice.

The court shall cause copies of said order to be mailed to the persons entitled to notice of the proceeding at least ten (10) days before the hearing on the petition. If the mailing address of any such person is unknown, a copy of the order must be published one time in some newspaper in the county of the court having jurisdiction over the case, and the hearing of said petition shall not be less than ten (10) days from the date of the first publication of such notice. If written consent to making the order of sale is given by all persons entitled to notice, except the ward if the ward has been adjudicated to be fully incapacitated, said order of sale may be made at once without giving the notice.
R.L. 1910, § 6559. Amended by Laws 1927, c. 83, p. 127, § 1; Laws 1953, p. 246, § 75; Laws 1969, c. 302, § 28, eff. Jan. 1, 1970; Laws 1988, c. 329, § 104, eff. Dec. 1, 1988. Renumbered from Title 58, § 827 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1992, c. 395, § 3, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-757. Hearing upon order - Protests.

The court, at the time and place appointed in the order, or such other time to which the hearing is postponed, upon proof of the service or publication of the order, must hear the petition and examine the proofs and allegations of the petitioner and any objections made by persons entitled to notice of the proceeding.
R.L. 1910, § 6560. Amended by Laws 1988, c. 329, § 105, eff. Dec. 1, 1988. Renumbered from Title 58, § 828 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-758. Partition of real estate - Assent to - Approval of court.

The guardian may join in and assent to a partition of the real estate of the ward with the written approval of the judge of the district court, whenever such assent may be given by any person.
R.L. 1910, § 6546. Renumbered from Title 58, § 807 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-759. Sale of oil, gas, mining leases.

Personal representatives including but not limited to guardians of the property, guardians of minors or of incapacitated or partially incapacitated persons are hereby authorized and empowered to sell and execute oil and gas or other mining leases upon the lands belonging to the estates of such deceased persons or of such minors or incapacitated or partially incapacitated persons in consideration of a royalty or part or portion of the production thereof, and under the same procedure in the district court, as provided by Sections 924 through 928 of Title 58 of the Oklahoma Statutes, where such consideration is money.
R.L. 1910, § 6547. Amended by Laws 1953, p. 246, § 73; Laws 1955, p. 301, § 1; Laws 1988, c. 329, § 106, eff. Dec. 1, 1988. Renumbered from Title 58, § 808 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-760. Testimony - Witnesses - Attendance and examination of.

At the hearing on the petition the guardian may be examined on oath, witnesses may be produced and examined, and process to compel the attendance and testimony of witnesses may be issued by the court.
R.L. 1910, § 6561. Amended by Laws 1988, c. 329, § 107, eff. Dec. 1, 1988. Renumbered from Title 58, § 829 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-761. Costs awarded prevailing party on hearing of objections to order.

If any person entitled to notice of the proceeding enters an objection to the requests made in the petition, the court may, in granting or refusing the order requested by the petition, award costs to the prevailing party, and enforce the payment thereof.
R.L. 1910, § 6562. Amended by Laws 1953, p. 247, § 76; Laws 1988, c. 329, § 108, eff. Dec. 1, 1988. Renumbered from Title 58, § 830 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-762. Order for sale - Public or private sale.

If, after a full examination, it appears necessary or for the benefit of the ward that the real or personal estate of the ward, or some part thereof, should be sold, the court may grant an order therefor, specifying therein the causes or reasons why the sale is necessary or beneficial, and may, if the same has been prayed for in the petition, order such sale to be made either at public or private sale.
R.L. 1910, § 6563. Amended by Laws 1988, c. 329, § 109, eff. Dec. 1, 1988. Renumbered from Title 58, § 831 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 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); and
2. The guardian of the ward is either a parent, spouse, brother, sister, grandparent, child or grandchild of the ward.
R.L. 1910, § 6564. Amended by Laws 1953, p. 247, § 77; Laws 1963, c. 147, § 1; Laws 1987, c. 164, § 7, operative July 1, 1987; Laws 1988, c. 329, § 110, eff. Dec. 1, 1988. Renumbered from Title 58, § 832 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1989, c. 270, § 3, eff. Nov. 1, 1989; Laws 1990, c. 323, § 70, operative July 1, 1990; Laws 1994, c. 234, § 7, eff. Sept. 1, 1994.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; or
3. The guardianship over the person only of a minor ward, by the marriage of the ward.
B. Whenever a person who has been found by the court to be an incapacitated or partially incapacitated person marries, the court may, upon application of an interested person, hold a review hearing to determine whether:
1. The guardianship should be terminated;
2. A successor guardian should be appointed;
3. The limitations on the ward, or the powers and duties of the guardian; or
4. The guardianship should be continued unchanged.
R.L. 1910, § 3339. Amended by Laws 1988, c. 329, § 119, eff. Dec. 1, 1988. Renumbered from § 20 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 75, operative July 1, 1990.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; and
7. Professional guardians.
D. The evaluating board shall consist of not more than two appointees from each of the following officials and agencies:
1. Governor;
2. Speaker of the House of Representatives;
3. President Pro Tempore of the Senate;
4. Office of the Attorney General;
5. Oklahoma Health Care Authority;
6. Developmental Disabilities Services Division of the Department of Human Services;
7. Department of Mental Health and Substance Abuse Services;
8. Adult Protective Services;
9. A Legal Services Developer;
10. State Long-Term Care Ombudsman;
11. Legal Aid of Western Oklahoma;
12. Legal Services of Eastern Oklahoma;
13. Oklahoma Bar Association; and
14. Advocacy Partnership for Aging Oklahomans.
Added by Laws 2001, c. 310, § 4, emerg. eff. June 1, 2001. Amended by Laws 2004, c. 106, § 9, eff. April 1, 2005.
2023 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; or
2. 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.
2023 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.
2023 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.
2023 Oklahoma Statutes › Title 31. Homestead and Exemptions › §31-3. Persons not protected.

The exemption herein provided for must not be construed to apply to the following persons, namely:
1. To a nonresident.
2. To a debtor who is in the act of removing his family from the state; or,
3. Who has absconded, taking with him his family.
R.L.1910, § 3344.
2023 Oklahoma Statutes › Title 31. Homestead and Exemptions › §31-5. Homestead exemptions shall not apply, when.

The exemption of the homestead provided for in this chapter shall not apply where the debt is due:
1. For the purchase money of such homestead or a part of such purchase money.
2. For taxes or other legal assessments due thereon.
3. For work and material used in constructing improvements thereon.
R.L.1910, § 3346.
2023 Oklahoma Statutes › Title 31. Homestead and Exemptions › §31-12. Corpus and income of preservation trust exempt from attachment, execution, forced sale, and liens - Exceptions - Transfer of assets.

Notwithstanding Section 3 of this title and Section 299.15 of Title 60 of the Oklahoma Statutes, the corpus and income of a preservation trust shall be exempt from attachment or execution and every other species of forced sale and no judgment, decree, or execution can be a lien on the trust for the payment of debts of a grantor, except a child support judgment. Any incremental growth derived from income or an increase in value of the corpus of a preservation trust shall also be considered protected by this section. Transfer of an asset to a preservation trust does not affect any mortgage, security interest or lien to which that asset is subject.
Added by Laws 2004, c. 509, § 3, emerg. eff. June 9, 2004. Amended by Laws 2005, c. 438, § 2, emerg. eff. June 8, 2005; Laws 2014, c. 102, § 2, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 31. Homestead and Exemptions › §31-13. Preservation trust - Revocable or irrevocable - Contributions.

A preservation trust may be established as a revocable and amendable trust or as an irrevocable trust. If the grantor of a preservation trust revokes or partially revokes the preservation trust, the exemption provisions of Section 12 of this title shall not be applicable to any property received by the grantor as a result of such revocation or partial revocation. The fair market value of any property received by the grantor as a result of a partial revocation shall increase the amount of property which the grantor may contribute to the preservation trust pursuant to Section 12 of this title.
Added by Laws 2004, c. 509, § 4, emerg. eff. June 9, 2004. Amended by Laws 2005, c. 438, § 3, emerg. eff. June 8, 2005.
2023 Oklahoma Statutes › Title 31. Homestead and Exemptions › §31-14. Preservation trust exemptions independent and in addition to other exemptions.

The exemptions provided for pursuant to other provisions of the laws of this state shall be independent of and in addition to the exemption provided for pursuant to Section 12 of this title.
Added by Laws 2004, c. 509, § 5, emerg. eff. June 9, 2004. Amended by Laws 2005, c. 438, § 4, emerg. eff. June 8, 2005.
2023 Oklahoma Statutes › Title 31. Homestead and Exemptions › §31-15. Effect on homestead exemption.

The provisions of the Family Wealth Preservation Trust Act shall not operate to increase the area and value of the homestead exemption provided for pursuant to Section 2 of this title.
Added by Laws 2004, c. 509, § 6, emerg. eff. June 9, 2004. Amended by Laws 2005, c. 438, § 5, emerg. eff. June 8, 2005.
2023 Oklahoma Statutes › Title 31. Homestead and Exemptions › §31-16. Revocation of preservation trust cannot be compelled - Restrictions on transferability.

No court or other judicial body shall have the authority to compel a person holding a power of revocation or amendment over a preservation trust to exercise the power of revocation or amendment. The provisions of this act shall be considered restrictions on the transferability of the grantor’s beneficial interest in the preservation trust that is enforceable under applicable nonbankruptcy law within the meaning of Section 541(c)(2) of the United States Bankruptcy Code or any successor provisions.
Added by Laws 2004, c. 509, § 7, emerg. eff. June 9, 2004. Amended by Laws 2005, c. 438, § 6, emerg. eff. June 8, 2005.
2023 Oklahoma Statutes › Title 31. Homestead and Exemptions › §31-17. Transfers subject to Uniform Fraudulent Transfer Act.

Any transfer of monies or property by a grantor to a preservation trust shall be subject to the provisions of the Uniform Fraudulent Transfer Act.
Added by Laws 2004, c. 509, § 8, emerg. eff. June 9, 2004. Amended by Laws 2005, c. 438, § 7, emerg. eff. June 8, 2005.
2023 Oklahoma Statutes › Title 31. Homestead and Exemptions › §31-18. Grantor limited to single preservation trust.

A grantor may not establish more than one preservation trust. However, in the event a preservation trust established by a grantor is wholly revoked or terminated, the grantor may establish a new preservation trust, and this act shall be applicable to such new preservation trust.
Added by Laws 2004, c. 509, § 9, emerg. eff. June 9, 2004. Amended by Laws 2005, c. 438, § 8, emerg. eff. June 8, 2005.
2023 Oklahoma Statutes › Title 34. Initiative and Referendum › §34-1. Referendum petition - Form - Time for filing.

A. The referendum petition shall be substantially as follows:
PETITION FOR REFERENDUM
To the Honorable ____________, Governor of Oklahoma (or To the Honorable ____________, Mayor, Chairman of County Commissioners, or other chief executive officer, as the case may be, of the city, county or other municipal corporation of ____________):
We, the undersigned legal voters of the State of Oklahoma (or district of __________, county of ____________, or city of ____________, as the case may be), respectfully order that Senate (or House) Bill No. __________ (or ordinance No. ____________), entitled (title of Act, and if the petition is against less than the whole Act, then set forth here the part or parts on which the referendum is sought), passed by the ____________ Legislature of the State of Oklahoma, at the regular (or special) session of said legislature, shall be referred to the people of the State (district of ____________, county of ____________, or city of ____________, as the case may be) for their approval or rejection at the regular (or special) election to be held on the ________ day of ____________, 20__, and each for himself says: I have personally signed this petition; I am a legal voter of the State of Oklahoma (and district of __________, county of ____________, or city of ____________, as the case may be); the following data points shall be included on the form: the voter's first name, last name, zip code, house number and numerical month and day of my birth.
Referendum petitions shall be filed with the Secretary of State not more than ninety (90) days after the final adjournment of the session of the legislature which passed the bill on which the referendum is demanded. (For county, city or other municipality the length of time shall be thirty (30) days.)
The question we herewith submit to our fellow voters is: Shall the following bill of the legislature (or ordinance or resolution--local legislation) be approved? (Insert here an exact copy of the text of the measure followed by proponents of record (not to exceed three signatures, complete printed name and address associated with his or her Oklahoma voter registration record).)
B. In order for the signature to be approved by the Secretary of State, three or more data points described in subsection A of this section must be matched to the voter registration file.
R.L. 1910, § 3368. Amended by Laws 1961, p. 263, § 1, emerg. eff. May 17, 1961; Laws 1992, c. 92, § 1, eff. Sept. 1, 1992; Laws 1994, c. 147, § 1, emerg. eff. May 3, 1994; Laws 2015, c. 193, § 1, emerg. eff. April 28, 2015; Laws 2020, c. 125, § 1, eff. Nov. 1, 2020.
2023 Oklahoma Statutes › Title 34. Initiative and Referendum › §34-2. Initiative petition - Form.

A. The form of initiative petition shall be substantially as follows:
INITIATIVE PETITION
To the Honorable ______________, Governor of Oklahoma (or To the Honorable ______________, Mayor, Chairman of County Commissioners, or other chief executive officers, as the case may be, for the city, county or other municipality): We, the undersigned legal voters of the State of Oklahoma (and of the district of _______________, county of _______________, or city of ________________, as the case may be), respectfully order that the following proposed law (or amendment to the constitution, ordinance, or amendment to the city charter, as the case may be) shall be submitted to the legal voters of the State of Oklahoma (or of the district of ______________, county of ______________, or city of ______________, as the case may be) for their approval or rejection at the regular general election (or regular or special city election), to be held on the _____ day of _________, 20__, and each for himself says: I have personally signed this petition; I am a legal voter of the State of Oklahoma (and of the district of _________, county of __________________, city of ______________, as the case may be); the following data points shall be included on the form: the voter's first name, last name, zip code, house number, and numerical month and day of my birth. The time for filing this petition expires ninety (90) days from (Secretary of State to insert assigned date when petition is to begin signature circulation). (This for State initiative. For county, city, or other municipality the length of time shall be ninety (90) days.) The question we herewith submit to our fellow voters is: Shall the following bill (or proposed amendment to the Constitution or resolution) be approved? (Insert here an exact copy of the text of the measure followed by proponents of record (not to exceed three signatures, complete printed name and address associated with his or her Oklahoma voter registration record).)
B. In order for the signature to be approved by the Secretary of State, three or more data points described in subsection A of this section must be matched to the voter registration file.
R.L. 1910, § 3369. Amended by Laws 1961, p. 264, § 2, emerg. eff. May 17, 1961; Laws 1992, c. 92, § 2, eff. Sept. 1, 1992; Laws 1994, c. 147, § 2, emerg. eff. May 3, 1994; Laws 2015, c. 193, § 2, emerg. eff. April 28, 2015; Laws 2020, c. 125, § 2, eff. Nov. 1, 2020.