Index of Available Documents

Title 30. Guardian and Ward 

 (STOKST30)

 Search

Oklahoma Guardianship and Conservatorship Act

Article I - General Provisions

§ 1-101. Short Title

§ 1-102. Composition of Oklahoma Guardianship and Conservatorship Act

§ 1-103. Purpose and Intent of Legislature

§ 1-104. Existing Guardianships or Conservatorships to Comply with Act - Court Review

§ 1-105. Definition of Guardian

§ 1-106. Persons Included as Guardians

§ 1-107. Definition of Ward

§ 1-108. Classifications of Guardians

§ 1-109. General and Limited Guardian

§ 1-110. Appointment Special Guardian

§ 1-111. Definitions

§ 1-112. Applicability of Act - Power of Appointment - Act Not a Limitation of Parental Rights

§ 1-113. Appointment of Guardian - Exclusive Jurisdiction

§ 1-114. Jurisdiction of Court over Guardians an Guardianship Proceedings

§ 1-115. Venue for Guardianship Proceedings - Exclusive Right to Exercise Jurisdiction - Consolidation

§ 1-116. Judge May Act at Chambers or in Court - Practice

§ 1-117. Guardians Ad Litem not Affected

§ 1-118. Guardian of Person Not Residing within this State

§ 1-119. Guardian Powers

§ 1-120. Power of Guardian over the Person - Change of Ward's Abode - Power of Limited Guardians

§ 1-121. Duties of Guardian of the Property - Powers - Fiduciary Duty

§ 1-122. Confidential Information

§ 1-123. Guardianship Letters

§ 1-124. Guardianship and Conservatorship Handbook - Summary of Duties

§ 1-125. Time Computation

Article II - Minors

§ 2-101. Appointment of Guardian of Minor

§ 2-102. Guardian Nominations

§ 2-103. Nomination and Appointment of Minor - Age of Minor

§ 2-104. Minor at 14 Years of Age May Nominate Guardian Subject to Approval of Court

§ 2-105. Appointment of Guardian When Minor has Attained 14 Years of Age

§ 2-106. Appointment of Parents as Guardians

§ 2-107. Appointed Guardian in Charge of Education

§ 2-108. Expenses of Education and Maintenance of Minor - Property and Income from Property

§ 2-109. Order for Appointment of Guardian of a Minor - Order Transfering Permanent Care and Custody of Child

§ 2-110. Investments in Life Insurance

§ 2-111. Contracts

§ 2-112. Guardian - Agent of Company - Commissions

§ 2-113. When Power of Guardian Appointed for Minor Ceases

§ 2-114. Minor Ward at Majority - Release of

§ 2-115. Discharge of Guardian by Court

§ 2-116. Estate of Minors not Exceeding $10,000 - Disposition

§ 2-117. Grant of Custody of Abandoned Minors to Qualified Relative - Rights - Forms - Notice - Reports and Investigations - Accounting - Filing Fees - Letters of Custody by Abandonment - Recovery to Parents - Cessation of Custody - Report to DHS

Appointment of Guardian

Article III - Adults

§ 3-101. Petition for Appointment of Guardian

§ 3-102. Nomination of Guardian by Person 18 Years of Age - Priorities of Nominations.

§ 3-103. Nomination of Guardian or Limited Guardian by Will for Incapacitated Person

§ 3-104. Priorities for Selection of Guardian or Limited Guardian - Appointment of Organization - Inquiry as to Suitability of Guardian -Appointment of Public Agency

§ 3-105. Nominee Unable or Unwilling to Serve

§ 3-106. Rights of Incapacitated or Partially Incapacitated Person - Confidentiality - Relief from Costs and Fees - Record

§ 3-106.1. Court-Appointed Advocates for Vulnerable Adults (CAAVA) Program

§ 3-107. Appointment of Attorney and Guardian Ad Litem - Explanation and Inquiry by Court if Subject not Represented - Record

§ 3-108. Evaluations of Subject of Proceeding in Connection with Proceeding

§ 3-109. Petitions for Guardians of Incapacitated or Partially Incapacitated Persons - Notice

§ 3-110. Notice of Hearing on Petition Requesting Appointment of Guardian for Incapacitated or Partially Incapacitated Person

§ 3-111. Guardian Appointed, When

§ 3-112. Appointment of Guardians

§ 3-113. Contents of Order Appointing Guardian - Specific Determinations Regarding Capacity - Guardianship Plan

§ 3-114. Assignment of Powers and Duties to Limited Guardian - Creation of Limited Guardianship - Limitation or Specification of Assets

§ 3-115. Appointment of Special Guardian in Certain Instances - Notice - Powers - Duration - Bond - Removal

§ 3-116. Proceedings to Determine Restoration to Capacity

§ 3-117. Guardian of Incompetent - Discharge - Presumed Competent

§ 3-118. Duties and Powers of Guardian or Limited Guardian - Diligent and Good Faith Performance of Duties and Powers - Termination of Guardianship

§ 3-119. Powers of Guardian - Limitation of

§ 3-120. Proposed Guardianship Plan for Care and Treatment of Ward

§ 3-121. Duty to Keep Property of Ward Safe - Fiduciary Duties

§ 3-122. Plans for Management of Financial Resources of Ward - Form

§ 3-123. Homestead of Incapacitated or Partially Incapacitated Person - Sale or Lease by Guardian Authorized

§ 3-124. Sale or Lease Procedure - Joinder by Spouse

§ 3-125. Applicable Only to Homestead - Cumulative

§ 3-126. Estates of Incapacitated or Partially Incapacitated Persons not Exceeding $10,000.00 - Disposition

Appointment of Conservator

§ 3-201. Repealed by Laws 1989, HB 1556, c. 276, § 17, eff. November 1, 1989

§ 3-202. Repealed by Laws 1989, HB 1556, c. 276, § 17, eff. November 1, 1989

§ 3-203. Repealed by Laws 1989, HB 1556, c. 276, § 17, eff. November 1, 1989

§ 3-204. Repealed by Laws 1989, HB 1556, c. 276, § 17, eff. November 1, 1989

§ 3-205. Repealed by Laws 1989, HB 1556, c. 276, § 17, eff. November 1, 1989

§ 3-206. Repealed by Laws 1989, HB 1556, c. 276, § 17, eff. November 1, 1989

§ 3-207. Repealed by Laws 1989, HB 1556, c. 276, § 17, eff. November 1, 1989

§ 3-208. Repealed by Laws 1989, HB 1556, c. 276, § 17, eff. November 1, 1989

§ 3-209. Repealed by Laws 1989, HB 1556, c. 276, § 17, eff. November 1, 1989

§ 3-210. Repealed by Laws 1989, HB 1556, c. 276, § 17, eff. November 1, 1989

§ 3-211. Establishment of Conservatorship by Reason of Physical Disability - Consent - Notice - Hearing

§ 3-212. Appointment of Conservator After Full Hearing and Examination - Consent

§ 3-213. Ineligibility

§ 3-214. Conservator - Care, Custody and Management of Estate Until Legally Discharged - Bond

§ 3-215. Conservator's Powers and Duties - Jurisdiction

§ 3-216. Discharge and Accounting

§ 3-217. Compensation

§ 3-218. Subsequent Appointment of Guardian of Said Ward

§ 3-219. Limitation on Power to Contract

§ 3-220. Effect on Prior Conservatorships

Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

Article 1 - General Provisions

§ 3-301. Short Title

§ 3-302. Definitions

§ 3-303. Communication with Other Courts

§ 3-304. Court Requests to Other Courts - Jurisdiction to Assist Other Courts

§ 3-305. Testimony and Deposition of Witness Located in Another State - Use of Electronic Means - Documents Transmitted by Technological Means

Article 2 - Jurisdiction

§ 3-306. Definitions

§ 3-307. Exclusive Jurisdictional Basis for Appointment of Guardian or Issuance of Protective Order for Adult

§ 3-308. Jurisdiction to Appoint a Guardian or Issue a Protective Order

§ 3-309. Special Jurisdiction - Request for Dismissal of Emergency Petition When Oklahoma Not Respondent's Home State

§ 3-310. Exclusive and Continuing Jurisdiction of Court Appointing Guardian or Issuing Protective Order

§ 3-311. Court Authority to Decline to Exercise Jurisdiction - Dismissal or Stay of Proceedings - Determination of Appropriate Forum

§ 3-312. When Court Acquires Jurisdiction Because of Unjustifiable Conduct

§ 3-313. Notice of Petition when Oklahoma Not Respondent's Home State

§ 3-314. Petition Filed in This and Another State and Neither Petition Dismissed or Withdrawn

Article 3 - Transfer of Guardianship or Conservatorship

§ 3-315. Petition to Transfer of Guardian or Conservatorship to Another State - Notice - Hearing - Provisional and Final Orders

§ 3-316. Petition to Accept Guardianship or Conservatorship from Another State - Notice and Hearing - Provisional Grant - Final Order - Modification - Other State's Orders - Denial

Article 4 - Registration and Recognition of Orders from Other States

§ 3-317. Registration of Guardianship Order by Guardian Appointed in Another State

§ 3-318. Registration of Protective Order by Conservator Appointed in Another State

§ 3-319. Effect of Registration of Guardianship or Protective Order from Another State - Enforcement

Article 5 - Miscellaneous Provisions

§ 3-320. Construction of Act to Promote Uniformity of Law Among States

§ 3-321. Relation to the Federal Electronic Signatures in Global and National Commerce Act

§ 3-322. Effective Date of Provisions

Eligibility for Appointment to Guardianship

Article IV - Miscellaneous Provisions

§ 4-101. Appointment of Guardian of More than Five Wards Prohibited - Exceptions

§ 4-102. Violations - Punishment

§ 4-103. Disqualification by Financial Relations with District Court Judge - Removal of Ineligible Guardians - Liability for Continuing to Act - Removal of Judge

§ 4-104. Eligibility of Non-Residents - Foreign Trust Companies - Domestic Corporations or Trust Companies

§ 4-105. Inquiry to Determine Whether Person is Suitable to Serve as Guardian

Bond

§ 4-201. Guardian's Bond - Letters to Issue on Filing

§ 4-202. Petition Requesting for Further Security - Suspension of Powers - Order

§ 4-203. Court May Require New Bond - Discharging Sureties

§ 4-204. Bonds to be Preserved - Breach of Condition - Actions on Bonds

§ 4-205. Statute of Limitation of Action - Effect of Disability

Inventories, Accountings, and Reports

§ 4-301. Inventory and Account of Ward's Estate

§ 4-302. Repealed by Laws 1990, HB 2176, c. 323, § 80, emerg. eff. July 1, 1990

§ 4-303. Account Settlement and Allowance - Reports - Consolidation of Reports - Accounting Information

§ 4-304. Account Rendered by Two or More Joint Guardians

§ 4-305. Report on Guardianship of Incapacitated or Partially Incapacitated Person

§ 4-306. Contents of Report on Guardianship or Limited Guardianship of Property of Ward

§ 4-307. Mailing of Copies of Annual Report Upon Filing - Hearing - Report Without Notice - Compensation - New Bond - Appointment of Counsel to Represent Ward

§ 4-308. Applications to Court for Relief - Contents for Application - Notice and Hearing - Order - Appointment of Counsel - Joinder - Evaluation of Ward - Hearing Without Notice.

Costs, Expenses, and Compensation

§ 4-401. Compensation of Guardians

§ 4-402. Joint Guardians' Compensation

§ 4-403. Attorney Fees

§ 4-404. Costs - Guardian to Approve Minor Entering Armed Services - Fee - Performance of Conditions

Joint Guardians

§ 4-501. Appointing More than One Guardian - Bond

§ 4-502. Two or More Guardians

§ 4-503. Death of One of Two or More Joint Guardians

Nonresident Wards

§ 4-601. Nonresident Ward's Guardian - Notice

§ 4-602. Powers of Nonresident Guardian

§ 4-603. Jurisdiction of First Appointment

§ 4-604. Bond of Guardian of Nonresident

§ 4-605. Removal or Impairing Right of Ward to Property

§ 4-606. Removal Application - Contents - Requirements

§ 4-607. Order for Discharge of Personal Representative or Local Guardian

Guardians' Powers and Duties

§ 4-701. Payment of Just Debts

§ 4-702. Collection and Settlement of Accounts - Appearance for Ward

§ 4-703. Discharge and Release

§ 4-704. Service upon Guardian Equivalent to Service upon Ward - Duty of Guardian

§ 4-705. Estate Management - Income Applied to Maintenance and Support of Ward - Sale of Realty

§ 4-706. Credit in Settlement for Maintenance and Support of Ward - Payment by Third Person

§ 4-707. Execution of Waivers or Contents for Wards

§ 4-708. Authorization to Invest of Proceeds of Sales and Money in Estate

§ 4-709. Investment of Monies Belonging to Estates - Purchase of Homesteads for Incapacitated or Partially Incapacitated

Sale of Property

§ 4-751. When Income of Estate is Insufficient for Maintenance

§ 4-752. Sale of Property

§ 4-753. Proceeds of Sale to Be Applied for Certain Purposes - Investment - Maintenance

§ 4-754. Petition - Facts and Circumstances

§ 4-755. Sale of Ward's Property - Hearing - Notice - Order

§ 4-756. Mailing or Publication of Order - Waiver of Notice

§ 4-757. Hearing Petition upon Order

§ 4-758. Partition of Real Estate

§ 4-759. Personal Representatives May Sell Oil, Gas and Mining Leases

§ 4-760. Guardian May Be Examined - Witnesses

§ 4-761. Award of Costs to Prevailing Party on Objection

§ 4-762. Order for Sale Either Public or Private

§ 4-763. Sale Bond by Guardian

§ 4-764. Sales Governed by Same Law as in Estates of Decedents

§ 4-765. Time Expiration on Order of Sale

§ 4-766. Terms of Sale - Security

§ 4-767. Time Limitation of Action for Recovery of Estate Sold - Disability and Removal Thereof

§ 4-768. Exchange of Property Held by Ward or Wards in Common - Notice

§ 4-769. Perishable Property Sale - Report - Determination of Perishability

§ 4-770. Legalization of Former Leases

Removal, Suspension, or Termination of Guardianship

§ 4-801. Causes for Removal of Guardians

§ 4-802. Power of Guardian Suspension upon Certain Factors - Effect of Marriage of Incapacitated or Partially Incapacitated Person

§ 4-803. Removal or Resignation of Guardian

§ 4-804. Discharge of Unnecessary Guardianship

§ 4-805. Distribution of Personal Property of Intestate Ward

Civil Liability - Concealment or Misappropriation of Property

§ 4-901. Civil Liability of Guardians or Petitioners - Damages - Willful or Malicious Filing of False Petition or Application

§ 4-902. Concealment or Embezzlement Citation

§ 4-903. Report of Abuse of Incapacitated Person or Minor - Failure to Report - Immunity from Liability - False Report

§ 4-904. Punishment for Taking Away of Incapacitated Person or Person for Whom Guardian Has Been Apppointed

Article V - Task Force on Adult Guardianship

§ 5-101. Repealed by Laws 1993, HB 1398, c. 155, § 4, emerg. eff. July 1, 1993

Article VI - Oklahoma Public Guardianship Act

§ 6-101. Short Title - Purpose - Office of Public Guardian

§ 6-102. Public Guardianship Pilot Program

§ 1. Renumbered as 30 O.S. § 1-105 by Laws 1988, HB 1078, c. 329, § 134, eff. December 1, 1988

§ 2. Renumbered as 30 O.S. § 1-107 by Laws 1988, HB 1078, c. 329, § 134, eff. December 1, 1988

§ 3. Renumbered as 30 O.S. § 1-108 by Laws 1988, HB 1078, c. 329, § 134, eff. December 1, 1988

§ 4. Renumbered as 30 O.S. § 1-109 by Laws 1988, HB 1078, c. 329, § 134, eff. December 1, 1988

§ 5. Renumbered as 30 O.S. § 1-110 by Laws 1988, HB 1078, c. 329, § 134, eff. December 1, 1988

§ 6. Renumbered as 30 O.S. § 2-102 by Laws 1988, HB 1078, c. 329, § 134, eff. December 1, 1988

§ 7. Renumbered as 30 O.S. § 1-112 by Laws 1988, HB 1078, c. 329, § 134, eff. December 1, 1988

§ 8. Renumbered as 30 O.S. § 1-113 by Laws 1988, HB 1078, c. 329, § 134, eff. December 1, 1988

§ 9. Renumbered as 30 O.S. § 1-118 by Laws 1988, HB 1078, c. 329, § 134, eff. December 1, 1988

§ 10. Renumbered as 30 O.S. § 1-114 by Laws 1988, HB 1078, c. 329, § 134, eff. December 1, 1988

§ 11. Repealed by Laws 1983, HB 1141, c. 269, § 4, emerg. eff. July 1, 1983

§ 12. Repealed by Laws 1983, HB 1141, c. 269, § 4, emerg. eff. July 1, 1983

§ 13. Repealed by Laws 1988, HB 1078, c. 329, § 136, eff. December 1, 1988

§ 14. Renumbered as 30 O.S. § 1-119 by Laws 1988, HB 1078, c. 329, § 134, eff. December 1, 1988

§ 15. Renumbered as 30 O.S. § 1-120 by Laws 1988, HB 1078, c. 329, § 134, eff. December 1, 1988

§ 16. Renumbered as 30 O.S. § 1-121 by Laws 1988, HB 1078, c. 329, § 134, eff. December 1, 1988

§ 17. Renumbered as 30 O.S. § 4-503 by Laws 1988, HB 1078, c. 329, § 134, eff. December 1, 1988

§ 18. Renumbered as 30 O.S. § 4-801 by Laws 1988, HB 1078, c. 329, § 134, eff. December 1, 1988

§ 19. Renumbered as 30 O.S. § 2-113 by Laws 1988, HB 1078, c. 329, § 134, eff. December 1, 1988

§ 20. Renumbered as 30 O.S. § 4-802 by Laws 1988, HB 1078, c. 329, § 134, eff. December 1, 1988

§ 21. Renumbered as 30 O.S. § 2-114 by Laws 1988, HB 1078, c. 329, § 134, eff. December 1, 1988

§ 22. Renumbered as 30 O.S. § 2-115 by Laws 1988, HB 1078, c. 329, § 134, eff. December 1, 1988