reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-304. Requests between courts in guardianship or protective proceedings.

(a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:
(1) Hold an evidentiary hearing;
(2) Order a person in that state to produce evidence or give testimony pursuant to procedures of that state;
(3) Order that an evaluation or assessment be made of the respondent;
(4) Order any appropriate investigation of a person involved in a proceeding;
(5) Forward to the court of this state a certified copy of the transcript or other record of a hearing under paragraph (1) of this subsection or any other proceeding, any evidence otherwise produced under paragraph (2) of this subsection, and any evaluation or assessment prepared in compliance with an order under paragraph (3) or (4) of this subsection;
(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person;
(7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. Section 164.504, as amended.
(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a) of this section, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
Added by Laws 2010, c. 257, § 4, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-305. Testimony of a witness located in another state.

(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(b) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
Added by Laws 2010, c. 257, § 5, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-306. Definitions - Applicability.

(a) In this article:
(1) “Emergency” means a circumstance that likely will result in substantial harm to a respondent’s health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent’s behalf;
(2) “Home state” means the state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months ending within the six (6) months prior to the filing of the petition; and
(3) “Significant-connection state” means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(b) In determining under Section 8 and subsection (e) of Section 15 of this act whether a respondent has a significant connection with a particular state, the court shall consider:
(1) The location of the respondent’s family and other persons required to be notified of the guardianship or protective proceeding;
(2) The length of time the respondent at any time was physically present in the state and the duration of any absence;
(3) The location of the respondent’s property; and
(4) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver license, social relationship, and receipt of services.
Added by Laws 2010, c. 257, § 6, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-308. Jurisdictional requirements for appointing a guardian or issuing a protective order.

A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:
(1) This state is the respondent’s home state;
(2) On the date the petition is filed, this state is a significant-connection state and:
(A)
the respondent does not have a home state or a court of the respondent’s home state has declined to exercise jurisdiction because this state is a more appropriate forum, or
(B)
the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
(i)
a petition for an appointment or order is not filed in the respondent’s home state,
(ii)
an objection to the court’s jurisdiction is not filed by a person required to be notified of the proceeding, and
(iii)
the court in this state concludes that it is an appropriate forum under the factors set forth in Section 11 of this act;
(3) This state does not have jurisdiction under either paragraph (1) or (2) of this subsection, the respondent’s home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or
(4) The requirements for special jurisdiction under Section 9 of this act are met.
Added by Laws 2010, c. 257, § 8, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-309. Special jurisdiction.

(a) A court of this state lacking jurisdiction under paragraphs (1) through (3) of Section 8 of this act has special jurisdiction to do any of the following:
(1) Appoint a guardian in an emergency for a term not to exceed ninety (90) days for a respondent who is physically present in this state;
(2) Issue a protective order with respect to real or tangible personal property located in this state;
(3) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to Section 15 of this act.
(b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent’s home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
Added by Laws 2010, c. 257, § 9, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-310. Continuing jurisdiction over proceeding.

Except as otherwise provided in Section 9 of this act, a court that has appointed a guardian or issued a protective order consistent with this act has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
Added by Laws 2010, c. 257, § 10, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-311. Factors for declining jurisdiction.

(a) A court of this state having jurisdiction under Section 8 of this act to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b) If a court of this state declines to exercise its jurisdiction under subsection (a) of this section, it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:
(1) Any expressed preference of the respondent;
(2) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(3) The length of time the respondent was physically present in or was a legal resident of this or another state;
(4) The distance of the respondent from the court in each state;
(5) The financial circumstances of the respondent’s estate;
(6) The nature and location of the evidence;
(7) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8) The familiarity of the court of each state with the facts and issues in the proceeding; and
(9) If an appointment were made, the court’s ability to monitor the conduct of the guardian or conservator.
Added by Laws 2010, c. 257, § 11, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-312. Jurisdiction acquired through unjustifiable conduct.

(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:
(1) Decline to exercise jurisdiction;
(2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent’s property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or
(3) Continue to exercise jurisdiction after considering:
(A)
the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court’s jurisdiction;
(B)
whether it is a more appropriate forum than the court of any other state under the factors set forth in subsection (c) of Section 11 of this act; and
(C)
whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of Section 8 of this act.
(b) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this act.
Added by Laws 2010, c. 257, § 12, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-313. Notice of petition in home state of respondent.

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition shall be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent’s home state. The notice shall be given in the same manner as notice is required to be given in this state.
Added by Laws 2010, c. 257, § 13, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-314. Rules for filing of petitions in multiple states.

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under paragraph (1) or (2) of subsection (a) of Section 9 of this act, if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court in this state has jurisdiction under Section 8 of this act, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to Section 8 of this act before the appointment or issuance of the order.
(2) If the court in this state does not have jurisdiction under Section 8 of this act, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.
Added by Laws 2010, c. 257, § 14, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-315. Transfer of guardianship or conservatorship - Notification of petition.

(a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.
(b) Notice of a petition under subsection (a) of this section shall be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian or conservator.
(c) On the court’s own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the court shall hold a hearing on a petition filed pursuant to subsection (a) of this section.
(d) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:
(1) The incapacitated person is physically present in or is reasonably expected to move permanently to the other state;
(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and
(3) Plans for care and services for the incapacitated person in the other state are reasonable and sufficient.
(e) The court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that:
(1) The protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in subsection (b) of Section 6 of this act;
(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and
(3) Adequate arrangements will be made for management of the protected person’s property.
(f) The court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of:
(1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to Section 16 of this act; and
(2) The documents required to terminate a guardianship or conservatorship in this state.
Added by Laws 2010, c. 257, § 15, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-316. Confirmation of transfer of guardianship or conservatorship.

(a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to Section 15 of this act, the guardian or conservator shall petition the court in this state to accept the guardianship or conservatorship. The petition shall include a certified copy of the other state’s provisional order of transfer.
(b) Notice of a petition under subsection (a) of this section shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice shall be given in the same manner as notice is required to be given in this state.
(c) On the court’s own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed pursuant to subsection (a) of this section.
(d) The court shall issue an order provisionally granting a petition filed under subsection (a) of this section unless:
(1) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or
(2) The guardian or conservator is ineligible for appointment in this state.
(e) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to Section 15 of this act transferring the proceeding to this state.
(f) Not later than ninety (90) days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.
(g) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person’s incapacity and the appointment of the guardian or conservator.
(h) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in this state under Section 3-101 of Title 30 of the Oklahoma Statutes if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
Added by Laws 2010, c. 257, § 16, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-317. Registration of out-of-state guardianship order.

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a court, in any appropriate county of this state, certified copies of the order and letters of office.
Added by Laws 2010, c. 257, § 17, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-318. Registration of out-of-state protective order.

If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this state, in any county in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond.
Added by Laws 2010, c. 257, § 18, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-319. Use of authorized powers.

(a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.
(b) A court of this state may grant any relief available under this act and other law of this state to enforce a registered order.
Added by Laws 2010, c. 257, § 19, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-321. Relation to Electronic Signatures in Global and National Commerce Act.

This act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
Added by Laws 2010, c. 257, § 21, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-3-322. Application of act.

(a) This act applies to guardianship and protective proceedings begun on or after the effective date of this act.
(b) Articles 1, 3, and 4 and Sections 21 and 22 of this act apply to proceedings begun before the effective date of this act, regardless of whether a guardianship or protective order has been issued.
Added by Laws 2010, c. 257, § 22, eff. Nov. 1, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-101. Appointment as guardian of more than five wards prohibited - Exceptions.

No person shall be appointed guardian of any minor or incapacitated or partially incapacitated person, who is, at the time of the hearing of the application for appointment, the guardian of as many as five persons, other than his own family or relatives. The provisions of this section and Section 4-102 of this title shall not apply to boards of control and superintendents of eleemosynary or charitable institutions, under the control and charge of the state, where under the law such boards of control and superintendents may be appointed as guardians of the estates, or of the persons, of those committed to their charge or safekeeping. The provisions of this section shall not prohibit the appointment of officers or managers of fraternal or benevolent orders or homes and church orphanages as to inmates of such institutions. This section shall in no way alter or repeal the provisions of Section 1001 of Title 6 of the Oklahoma Statutes, or Section 126.4 of Title 72 of the Oklahoma Statutes.
Added by Laws 1913, c. 172, p. 391, § 1. Amended by Laws 1915, c. 203, § 1; Laws 1953, p. 245, § 66; Laws 1988, c. 329, § 72, eff. Dec. 1, 1988. Renumbered from Title 58, § 773 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 51, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-102. Violations - Punishment.

Any person or official violating the provisions of Section 4-101 of this title shall be guilty of a misdemeanor.
Added by Laws 1913, c. 172, p. 391, § 2. Amended by Laws 1953, p. 245, § 67; Laws 1988, c. 329, § 73, eff. Dec. 1, 1988. Renumbered from Title 58, § 774 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 52, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-103. Disqualification by financial relations with judge of district court - Removal of ineligible guardians - Liability for continuing to act - Removal of judge.

No natural person shall be eligible to act as guardian of an estate under the jurisdiction of any judge of the district court, if said judge of the district court is under any financial obligation whatsoever to such person. If any judge of the district court, while holding the office of judge of the district court, becomes pecuniarily liable to any guardian of any minor or incapacitated or partially incapacitated person, such liability shall operate to disqualify such guardian. It is hereby made the duty of the judge of the district court to enter on the court docket such disqualifying conditions. The disqualification shall also apply if such person, except a parent who is guardian of his or her own child or children has rendered financial aid to said judge, in securing his nomination and election to the office of judge of the district court, or his appointment as judge of the district court. Persons who have heretofore been appointed guardians, who are not eligible to act under this section shall be by the judge of the district court removed and successors appointed, as provided by law. If any person not eligible to act under this section continues to act as guardian, after such ineligibility has been legally determined, such person and the surety upon his bond shall be liable to the estate of the minor or incapacitated or partially incapacitated person for all money unlawfully paid by such ineligible guardian out of the estate of such minor or incapacitated or partially incapacitated person, and if a judge of the district court knowingly permits an ineligible person to act, he shall be removed from office.
Added by Laws 1923-24, c. 84, p. 100, § 1. Amended by Laws 1953, p. 248, § 84; Laws 1988, c. 329, § 74, eff. Dec. 1, 1988. Renumbered from Title 58, § 881 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 53, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-104. Eligibility of nonresidents - Foreign trust companies or institutions - Domestic corporations or trust companies

A. Only a person who is a citizen or legal resident of or legally present in the United States of America shall be eligible to be appointed guardian of the property or person of a minor or an incapacitated or partially incapacitated person by the courts of this state, except as provided under subsection G of Section 4-105 of this title.
B. Only a person who has been a resident, in good faith, of this state for one (1) year past shall be eligible to be appointed guardian of the property or person of a minor or an incapacitated or partially incapacitated person by the courts of this state, and no foreign trust company or institution shall be appointed guardian of the property or person of any minor or an incapacitated or partially incapacitated person by the courts of this state. Provided that this shall not prevent a person from being appointed guardian of his or her own spouse, child, children, grandchild, grandchildren, parent, grandparent, brother, sister, aunt, uncle, niece or nephew even though he or she is a nonresident of this state.
C. No domestic corporation or trust company shall be appointed or qualify as guardian of a minor or incapacitated or partially incapacitated person unless such company is at the time a resident of and maintains its usual place of business in the county of the residence of such minor or incapacitated or partially incapacitated person. No such company shall be appointed or act as such guardian unless its principal place of business is located in the county where such proceedings are filed and conducted. Such a domestic corporation or a natural person not a resident of this state may be appointed as such guardian upon the written request in a will or otherwise of a person eligible to make such nomination pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act.
Added by Laws 1927, c. 39, p. 60, § 1. Amended by Laws 1933, c. 79, p. 144, § 1; Laws 1953, p. 245, § 68; Laws 1967, c. 53, § 1, emerg. eff. April 14, 1967; Laws 1976, c. 133, § 1; Laws 1977, c. 107, § 1; Laws 1979, c. 258, § 12; Laws 1986, c. 67, § 1, eff. Nov. 1, 1986; Laws 1988, c. 329, § 75, eff. Dec. 1, 1988. Renumbered from Title 58, § 775 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 54, operative July 1, 1990; Laws 2016, c. 370, § 1, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-201. Guardian's bond.

A. Before the entry of an order appointing a person or organization as a guardian of the person and before the letters of guardianship issue, the court may require the person or organization to be appointed to provide a bond to this state, with sufficient sureties, to be approved by the court, and in such penal sum as the court shall order, conditioned that the guardian will faithfully execute the duties of the trust according to law.
B. 1. Before the entry of an order appointing a person or organization as the guardian of a minor or as the guardian or limited guardian of the property of an incapacitated or partially incapacitated person takes effect, and before the letters of guardianship issue, the court shall require the person or organization to be appointed to provide a bond, in an amount not less than the value of intangible personal property as alleged in the petition or otherwise determined by the court at the hearing on the petition, to this state, with sufficient sureties, to be approved by the court, and in such penal sum as the court shall order, conditioned that the guardian will faithfully execute the duties of the trust according to law.
2. Except as otherwise provided by paragraph 3 of this subsection, upon a finding by the court that the anticipated annual income to a ward for one (1) year plus the value of the personal property of the ward is less than Forty Thousand Dollars ($40,000.00), the court may order that a bond is not necessary. For purposes of this paragraph, personal property shall not include property owned with a joint tenant.
3. The provisions of this section shall not apply to cases subject to the Veterans Volunteer Guardianship Act.
C. In the event the intangible personal property of the ward, as determined by the inventory, is in a greater amount than as alleged in the petition or determined by the court at the hearing on the petition, the guardian shall file at the time the inventory is filed a bond sufficient for the full amount of the intangible personal property, which bond will be in substitution for the bond originally filed on the appointment of the guardian. The amount of the bond in the future may be adjusted up or down in amount based upon the intangible personal property shown in future annual accountings; provided, however, no bond shall be reduced except upon order of the court.
R.L. 1910, § 6532. Amended by Laws 1953, p. 245, § 69; Laws 1963, c. 133, § 1; Laws 1987, c. 164, § 3, operative July 1, 1987; Laws 1988, c. 181, § 3, eff. Nov. 1, 1988; Laws 1988, c. 329, § 77, eff. Dec. 1, 1988. Renumbered from § 776 of Title 58 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 56, operative July 1, 1990; Laws 1991, c. 18, § 3, emerg. eff. March 29, 1991; Laws 1994, c. 234, § 6, eff. Sept. 1, 1994; Laws 1998, c. 77, § 1, eff. Nov. 1, 1998; Laws 2004, c. 181, § 7, eff. Nov. 1, 2004; Laws 2019, c. 23, § 9, emerg. eff. April 4, 2019.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-202. Request for security or bond - Suspension of powers - Order.

When a petition is presented praying that a guardian be required to give further security, or to give bond where, by order of the court no bond was originally required, and it is alleged on oath that such is necessary to serve the best interest of the ward or his estate, the judge may, by order, suspend his powers until the matter can be heard and determined. If the judge determines a bond or other security is in the best interests of the ward or his estate, the judge shall order the same to be posted, and if it is not given within a reasonable time, to be fixed by the judge, the guardian shall be removed.
Added by Laws 1987, c. 164, § 5, operative July 1, 1987. Renumbered from Title 58, § 776.2 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-203. Requirement of new bonds - Discharge of sureties on old bond.

The court may require a new bond to be given by a guardian whenever the court deems it necessary, and may discharge the existing sureties from further liability, after due notice is given as the court may direct, when it shall appear that no injury can result therefrom to those interested in the estate.
R.L. 1910, § 6580. Amended by Laws 1988, c. 329, § 78, eff. Dec. 1, 1988. Renumbered from Title 58, § 779 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-204. Preservation of bonds - Breach of condition - Actions on bonds.

Every bond given by a guardian must be filed and preserved in the office of the district court clerk, and in case of a breach of a condition thereof, may be prosecuted for the use and benefit of the ward or of any person interested in the person or estate of the ward.
R.L. 1910, § 6581. Amended by Laws 1953, p. 246, § 71; Laws 1988, c. 329, § 79, eff. Dec. 1, 1988. Renumbered from Title 58, § 780 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-205. Limitation of action on bond - Effect of disability.

No action can be maintained against the sureties on any bond given by a guardian, unless it be commenced within three (3) years from the discharge or removal of the guardian; but if at the time of such discharge a person entitled to bring such action is under any legal disability to sue, the action may be commenced by such person at any time within three (3) years after such disability is removed.
R.L. 1910, § 6582. Amended by Laws 1988, c. 329, § 80, eff. Dec. 1, 1988. Renumbered from Title 58, § 781 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-301. Inventory and account of estate of ward - Appraisal - Waiver of inventory prohibited.

A. Every guardian or limited guardian of the property of a ward shall file an inventory of the estate of his ward within two (2) months after his appointment. The time to file an inventory may be extended by the court for good cause shown. The court may, upon application made for that purpose by any interested person, compel the guardian or limited guardian of the property of a ward to render a revised inventory or account to the court of the estate of his ward. Each inventory and account returned or rendered must be sworn to by the guardian or limited guardian.
B. The guardian shall state his opinion of the value of the estate of the ward described in the first inventory. Such inventory shall be filed with the district court clerk. Whenever any other property of the estate of any ward is discovered, not included in the inventory of the estate already returned, and whenever any other property has been succeeded to or acquired by any ward, or for his benefit, like proceedings must be had for the return thereof. If requested by the ward, judge or any interested person, such property must be appraised by appraisers appointed, sworn and acting in the manner provided for regulating the settlement of the estate of decedents.
C. The court shall not waive any inventory of property of the ward which is required by this section.
R.L. 1910, § 6549. Amended by Laws 1953, p. 247, § 82; Laws 1988, c. 329, § 81, eff. Dec. 1, 1988. Renumbered from Title 58, § 871 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 57, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-304. Account by one of joint guardians.

When an account is rendered by two or more joint guardians, the judge of the district court may allow the same upon oath of any of them.
R.L. 1910, § 6551. Renumbered from Title 58, § 873 by Laws 1988, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 59, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-401. Expenses and compensation of guardians.

A. Every guardian must be allowed the amount of his reasonable expenses in the execution of his trust, and he must also have such compensation for his services as the court in which his accounts are settled deems just and reasonable.
B. To the extent that the services of a guardian or limited guardian of the property are for the collection of income of the ward, compensation for such services shall not exceed seven and one-half percent (7 1/2%) of the income so collected. For the purposes of this section, "income" means funds received by and accounted for by the guardian or limited guardian on behalf of the ward, other than from the sale of property of the ward, plus the net proceeds from the sale of property of the ward in excess of the value of such property as last determined in the guardianship proceeding.
C. All compensation and reimbursements pursuant to this section shall be approved by the court prior to payment.
Added by Laws 1923-24, c. 84, p. 101, § 4. Amended by Laws 1953, p. 248, § 85; Laws 1965, c. 55, § 1, emerg. eff. March 29, 1965; Laws 1988, c. 329, § 88, eff. Dec. 1, 1988. Renumbered from Title 58, § 884 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-402. Joint guardians - Compensation.

Joint guardians shall not receive more compensation than a single guardian.
Added by Laws 1923-24, c. 84, p. 101, § 6, emerg. eff. March 21, 1924. Renumbered from Title 58, § 886 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-404. Costs - Appointment of guardian to authorize entry into armed forces – Performance of conditions.

A. No costs shall be required by the court clerk in any guardianship proceeding where the proceeding is for the purpose of appointing a guardian to approve or authorize the ward to enter the armed forces of the United States.
B. If the court waives the report, the court may waive the fee for the filing of the annual guardianship report required by Section 152 of Title 28 of the Oklahoma Statutes, for a guardian or limited guardian of the person of an incapacitated or partially incapacitated person or for a guardian of the person of a minor.
C. The clerk of the district court in which an application for a relative guardianship, defined as an application for the care and custody of a child to be transferred to an adult relative of the child within the third degree of consanguinity, is filed shall collect as court costs a fee of Fifty Dollars ($50.00). The court may waive the fee if, in the opinion of the court, it creates a financial hardship for the individual applying for a relative guardianship.
D. The performance of such conditions shall be a part of the duties of the guardian, for the faithful performance of which the guardian and the sureties on the guardian’s bond are responsible.
Added by Laws 1943, p. 131, § 1, emerg. eff. March 22, 1943. Renumbered from § 782 of Title 58 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 2001, c. 322, § 3, emerg. eff. June 1, 2001; Laws 2010, c. 358, § 8, emerg. eff. June 7, 2010.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-501. Appointment of more than one guardian - Bond.

The court may appoint more than one guardian of any person or property subject to guardianship. Such guardians shall be governed and liable in all respects as a sole guardian. Such guardian shall give bond in like manner and with like conditions as prescribed for sole guardians unless waived.
R.L. 1910, § 6584. Amended by Laws 1987, c. 164, § 2, operative July 1, 1987; Laws 1988, c. 329, § 90, eff. Dec. 1, 1988. Renumbered from Title 58, § 772 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-502. Two or more guardians.

A. If there are two guardians, the act of one alone shall be effectual:
1. If a coguardian is laboring under any legal disability from serving, said coguardian in such case shall be relieved from official liability; provided however, proper finding and valid order of the district court having jurisdiction therein is first obtained; or
2. If a coguardian has given the other coguardian authority in writing to act for both.
B. If there are more than two guardians, the act of a majority of them is valid, however, any guardian may authorize his or her coguardians to act on that guardian's behalf by giving the other coguardian authority in writing to do so.
Added by Laws 1953, p. 254, § 1. Amended by Laws 1988, c. 329, § 91, eff. Dec. 1, 1988. Renumbered from Title 58, § 894 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 2023, c. 50, § 1, eff. Nov. 1, 2023.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-503. Death of joint guardian.

On the death of one of two or more joint guardians, the power continues to the survivor until a further appointment is made by the court.
R.L. 1910, § 3336. Renumbered from § 17 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-601. Guardian for nonresident ward - Notice of hearing.

When a person liable to be put under guardianship, according to the provisions of this chapter, resides without this state, and has estate therein, any friend of such person, or any one interested in his estate, in expectancy or otherwise, may apply to the judge of the district court of any county in which there is any estate of such absent person, for the appointment of a guardian; and if, after notice given to all interested, in such manner as the judge orders, and a full hearing and examination, it appears proper, a guardian for such absent person may be appointed.
R.L. 1910, § 6570. Renumbered from Title 58, § 861 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-602. Powers of nonresident's guardian same as in other cases.

Every guardian appointed under the preceding section has the same powers and performs the same duties, with respect to the estate of the ward found within the state, and with respect to the person of the ward, if he shall cease to reside therein, as are prescribed with respect to any other guardian appointed under this chapter.
R.L. 1910, § 6571. Amended by Laws 1953, p. 247, § 81. Renumbered from Title 58, § 862 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-603. First appointment is exclusive.

The guardianship which is first lawfully granted, of any person residing without this state, extends to all the estate of the ward within the same, and excludes the jurisdiction of the district court of every other county.
R.L. 1910, § 6573. Renumbered from Title 58, § 771 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-604. Bond of guardian of nonresident.

Every such guardian must give bond to the State of Oklahoma, in the manner and with like conditions as hereinbefore provided for other guardians, except that the provisions respecting the inventory, the disposal of the estate and effects, and the account to be rendered by the guardian must be confined to such estate and effects as come to his hands in this state.
R.L. 1910, § 6572. Amended by Laws 1963, c. 103, § 2, emerg. eff. May 27, 1963. Renumbered from Title 58, § 863 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-605. Removal of property.

When the guardian and ward are both nonresidents, and the ward is entitled to property in this state which may be removed to another state, territory or foreign country without conflict with any restriction or limitation thereupon, or impairing the right of the ward thereto, such property may be removed to the state, territory or foreign country of the residence of the ward, upon the application of the guardian to the judge of the district court of the county in which the estate of the ward, or the principal part thereof, is situated.
R.L. 1910, § 6574. Renumbered from Title 58, § 864 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-606. Application for removal - Requirements.

The application must be made upon ten (10) days' notice to the resident personal representative or guardian, if there be such, and upon such application the nonresident guardian must produce and file a certificate, under the hand of the clerk, judge, surrogate or other authorized officer, and the seal of the court from which his appointment was derived, showing:
1. A transcript of the record of his appointment.
2. That he has entered upon the discharge of his duties.
3. That he is entitled by the laws of the state, territory or country of his appointment to the possession of the estate of the ward; or must produce and file a certificate under the hand and seal of the clerk, judge, surrogate or other authorized officer of the court having jurisdiction in the country of his residence, of the estates of persons under guardianship, or of the highest court in such state, territory or country, that by the laws of such country the applicant is entitled to the custody of the estate of his ward without the appointment of any court.
Upon such application, unless good cause to the contrary be shown, the judge of the district court must make an order granting to such guardian leave to take and remove the property of his ward to the state, territory or place of his residence, which is authority to him to sue for and receive the same in his own name, for the use and benefit of his ward.
R.L. 1910, § 6575. Renumbered by Title 58, § 865 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 65, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-607. Order for removal discharges local guardian.

Such order is a discharge of the personal representative, local guardian, or other person in whose possession the property may be at the time the order is made, on filing with the district court the receipt therefor of the foreign guardian of such absent ward.
R.L. 1910, § 6576. Renumbered from Title 58, § 866 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 66, operative July 1, 1990.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-701. Payment of debts.

Every guardian appointed under the provisions of this act shall pay all just debts due from the ward out of the personal estate and income from the real estate of the ward, if sufficient. If said estate and income is not sufficient, then payment shall be made out of the real estate of the ward, upon obtaining an order for the sale thereof, the proceeds of such sale shall be disposed of in the manner provided by law for the sale of real estate of decedents.
R.L. 1910, § 6542. Amended by Laws 1988, c. 329, § 92, eff. Dec. 1, 1988. Renumbered from Title 58, § 803 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
2023 Oklahoma Statutes › Title 30. Guardian and Ward › §30-4-702. Collection and settlement of accounts and appearance for ward in suits - Compromise and settlement of claims.

A guardian must settle all accounts of the ward, and demand, sue for, and receive all debts due to the ward, or may, with the approval of the court, compromise or compound for the same and give discharges to the debtors on receiving a fair and just settlement of such claim. A guardian shall appear for and represent the ward in all legal suits and proceedings, unless another person is appointed for that purpose as guardian or next friend. A guardian, with the approval of the court exercising jurisdiction in the suit or proceeding, may compromise and settle any claim made by, on behalf of or against the ward in such suit or proceeding.
R.L. 1910, § 6543. Amended by Laws 1953, p. 246, § 72; Laws 1988, c. 329, § 93, eff. Dec. 1, 1988. Renumbered from Title 58, § 804 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.