Title 30. Guardian and Ward
§30-1. Renumbered as § 1-105 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
§301101. Short title.
Sections 1101 through 5101 of this title shall be known and may be cited as the "Oklahoma Guardianship and Conservatorship Act".
Added by Laws 1988, c. 329, § 1, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 1, operative July 1, 1990.
§301102. Articles in Act.
The Oklahoma Guardianship and Conservatorship Act shall be composed of the following articles:
Article I General provisions
Article II Minors
Article III Adults
Article IV Miscellaneous
Added by Laws 1988, c. 329, § 2, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 2, operative July 1, 1990.
§301103. Purpose of Act Legislative intent.
A. It is the purpose of the Oklahoma Guardianship Act to promote the general welfare of all citizens by establishing a system of general and limited guardianships for minors and for incapacitated and partially incapacitated persons which provides for the protection of their rights and the management of their financial resources.
B. It is the purpose of the system of general and limited guardianships for incapacitated and partially incapacitated persons established by this act to provide for the participation of such persons, as fully as possible, in the decisions which affect them. It is the intent of the Oklahoma State Legislature:
1. That the court shall exercise the authority conferred by the Oklahoma Guardianship Act so as to encourage the development of maximum selfreliance and independence of the incapacitated or partially incapacitated person and make appointive and other orders only to the extent necessitated by the mental and adaptive limitations or other condition of the incapacitated or partially incapacitated person warranting the procedure;
2. That in performing their duties and exercising their powers, guardians and limited guardians of incapacitated or partially incapacitated persons shall:
a. assure, to the extent reasonably possible, that the rights of the wards for whom they are appointed are protected;
b. encourage, to the extent reasonably possible, incapacitated or partially incapacitated persons to participate to the maximum extent of their abilities in all decisions which affect them and to act on their own behalf on all matters in which they are able to do so within the limitations imposed by the court; and
c. as appropriate, assist their wards to develop or regain to the maximum extent possible their capacity to meet the essential requirements for their health or safety, or to manage their financial resources or both.
Added by Laws 1988, c. 329, § 3, eff. Dec. 1, 1988.
§301104. Existing guardianships or conservatorships Compliance with Act Court review of cases.
A. 1. Any guardianship or conservatorship in existence on or created on or after December 1, 1990, shall comply with the provisions of the Oklahoma Guardianship and Conservatorship Act.
2. Unless otherwise modified or terminated, all guardianships and conservatorships established prior to the effective date of the Oklahoma Guardianship and Conservatorship Act shall remain in full force and effect.
3. All guardians or conservators shall retain the powers assigned to them, unless otherwise modified or terminated by the court.
B. The Chief Judge of each district court shall establish a schedule by court rule which shall provide for a court review by December 1, 1991 of each guardianship and conservatorship case in which a guardian or conservator was appointed after January 1, 1980.
Added by Laws 1988, c. 329, § 4, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 3, operative July 1, 1990.
§301105. Guardian defined.
A guardian is a person appointed by the court to take care of the person or property of another.
R.L. 1910, § 3321. Amended by Laws 1988, c. 329, § 5, eff. Dec. 1, 1988. Renumbered from § 1 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
§301106. Guardians ad litem excluded.
The term "guardian" includes persons appointed as general and limited guardians of the person, general and limited guardians of property, and special guardians, but does not include persons appointed as guardians ad litem.
Added by Laws 1988, c. 329, § 6, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 4, operative July 1, 1990.
§301107. Ward defined.
A person over whom a guardian is appointed and a person over whose property a guardian or conservator is appointed is called a ward.
R.L. 1910, § 3322. Amended by Laws 1988, c. 329, § 7, eff. Dec. 1, 1988. Renumbered from § 2 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
§301108. Guardians classified.
Guardians are either:
1. General;
2. Limited; or
3. Special.
R.L. 1910, § 3323. Amended by Laws 1988, c. 329, § 8, eff. Dec. 1, 1988. Renumbered from § 3 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 5, operative July 1, 1990.
§301109. General guardian.
A. A general guardian is a guardian of the person or of all the property of the ward within this state or of both such person and property.
B. A limited guardian is a person authorized by the court to exercise limited powers over the person of the ward, or over the property of the ward within this state, or over both such person and property.
R.L. 1910, § 3324. Amended by Laws 1988, c. 329, § 9, eff. Dec. 1, 1988. Renumbered from § 4 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 6, operative July 1, 1990.
§301110. Special guardian.
A special guardian may be appointed by the court pursuant to Section 3115 of this title.
R.L. 1910, § 3325. Amended by Laws 1988, c. 329, § 10, eff. Dec. 1, 1988. Renumbered from § 5 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 7, operative July 1, 1990.
§30-1-111. Definitions.
A. As used in the Oklahoma Guardianship and Conservatorship Act:
1. "Abuse" means the intentional infliction of physical pain, injury, or mental anguish or the deprivation of food, clothing, shelter, or medical care to an incapacitated person, partially incapacitated person, or a minor by a guardian or other person responsible for providing these services;
2. "Confidential information" means medical records, physical, psychological or other evaluations of a ward or subject of the proceeding, initial and subsequent guardianship plans, reports of guardians, limited guardians and conservators submitted to the court in connection with a proceeding pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act;
3. "Court" means a judge of the district court assigned to hear probate matters or assigned to the division of the district court designated to exercise probate jurisdiction;
4. "Estate" means the property of the person whose affairs are subject to a guardianship proceeding;
5. "Evaluation" means a professional assessment of:
a. the ability of an adult to receive and evaluate information effectively or communicate decisions,
b. the impact of any impairment of these skills on the capacity of the individual to meet the essential requirements for his physical health or safety, or to manage his financial resources, and
c. the services necessary to provide for the ward;
6. "Exploitation" means an unjust or improper use of the resources of an incapacitated person, a partially incapacitated person, or a minor for the profit or advantage, pecuniary or otherwise, of a person other than an incapacitated person, a partially incapacitated person, or a minor through the use of undue influence, coercion, harassment, duress, deception, false representation, or false pretense;
7. A "guardian of an incapacitated person" means a person who has been appointed by a court to serve as the guardian of an incapacitated person to assure that the essential requirements for the health and safety of said person are met, to manage the estate or financial resources of said person, or both;
8. "Guardian ad litem" means, with respect to a guardianship proceeding, a person appointed by the court to assist the subject of the proceeding in making decisions with regard to the guardianship proceeding, or to make said decisions when the subject of the proceeding is wholly incapable of making said decisions even with assistance;
9. "Guardianship plan" means the plan for the care and treatment of a ward, the plan for the management of the financial resources of a ward, or both;
10. "Guardianship proceeding" means a proceeding for the appointment of a guardian, or for other orders regarding the condition, care or treatment or for the management of the financial resources of a ward;
11. "Guardianship report" means any report required by the provisions of Sections 4-305 and 4-306 of this title;
12. "Incapacitated person" means a person eighteen (18) years of age or older:
a. who is impaired by reason of:
(1) mental illness as defined by Section 1-103 of Title 43A of the Oklahoma Statutes,
(2) mental retardation or developmental disability as defined by Section 1-818.2 of Title 63 of the Oklahoma Statutes,
(3) physical illness or disability,
(4) drug or alcohol dependency as defined by Section 3-403 of Title 43A of the Oklahoma Statutes, or
(5) such other similar cause, and
b. whose ability to receive and evaluate information effectively or to make and to communicate responsible decisions is impaired to such an extent that said person:
(1) lacks the capacity to meet essential requirements for his physical health or safety, or
(2) is unable to manage his financial resources.
Whenever in the Oklahoma Statutes the term "incompetent person" appears and refers to a person who has been found by a district court to be an incompetent person because of an impairment or condition described in this paragraph it shall have the same meaning as "incapacitated person" but shall not include a person who is a partially incapacitated person;
13. "Least restrictive dispositional alternative" means the form of assistance that least interferes with the legal ability of an incapacitated or partially incapacitated person to act in his own behalf;
14. "Intangible personal property" means cash, stocks and bonds, mutual funds, money market accounts, certificates of deposit, insurance contracts, commodity accounts, and other assets of a similar nature;
15. "Letters" means a document issued by the court subsequent to the appointment of a guardian which designates the name of the guardian and specifies the authority and powers of said guardian. Such document shall be endorsed thereon with the oath of the guardian that he will perform the duties of his office as guardian according to law;
16. A "limited guardian" means a person appointed by the court to serve as the guardian of a partially incapacitated person and who is authorized by the court to exercise only:
a. some of the powers of a guardian of the person or whose power as guardian of the person extends only to certain matters pertaining to the care or control of the ward as specified by the court, or
b. certain powers as guardian of the property over the estate or financial resources of the ward, or whose powers as guardian of the property extend only to some portion of the estate or financial resources of the ward;
17. "Manage financial resources" or "manage the estate" means those actions necessary to obtain, administer, and dispose of real property, business property, benefits and income, and to otherwise manage personal financial or business affairs;
18. "Meet the essential requirements for physical health or safety" means those actions necessary to provide the health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury is more likely than not to occur;
19. "Minor" means a person under eighteen (18) years of age;
20. "Neglect" means the failure to provide protection for an incapacitated person, a partially incapacitated person, or a minor who is unable to protect the person's own interest; or the failure to provide adequate shelter or clothing; or the harming or threatening with harm through action or inaction by either another individual or through the person's own action or inaction because of a lack of awareness, incompetence, or incapacity, which has resulted or may result in physical or mental injury;
21. "Organization" means a corporation, trust, business trust, partnership, association, or other legal entity;
22. "Partially incapacitated person" means an incapacitated person whose impairment is only to the extent that without the assistance of a limited guardian said person is unable to:
a. meet the essential requirements for his physical health or safety, or
b. manage all of his financial resources or to engage in all of the activities necessary for the effective management of his financial resources.
A finding that an individual is a partially incapacitated person shall not constitute a finding of legal incompetence. A partially incapacitated person shall be legally competent in all areas other than the area or areas specified by the court in its dispositional or subsequent orders. Such person shall retain all legal rights and abilities other than those expressly limited or curtailed in said orders;
23. "Party" means the person or entity filing a petition, application, motion, acceptance of a testamentary nomination, or objection; the subject of a guardianship proceeding; and the guardian, the guardian ad litem and the conservator, if any such persons have been appointed;
24. "Person" means an individual;
25. "Property" means real property, personal property, income, any interest in such real or personal property and includes anything that may be the subject of ownership;
26. "Restrictions on the legal capacity of a person to act in his own behalf" means powers of an incapacitated or partially incapacitated person which are assigned to a guardian;
27. "Subject of the proceeding" means a minor or an adult:
a. who is the subject of a petition requesting the appointment of a guardian, limited guardian or special guardian,
b. for whom a guardian or limited guardian has been appointed by the court, or
c. an adult for whom a conservator is requested or appointed; and
28. "Surcharge" means the imposition of personal liability by a court on a guardian or limited guardian for willful or negligent misconduct in the administration of the estate or other financial resources of a ward.
B. 1. Nothing in this section shall be construed to mean an incapacitated person, a partially incapacitated person, or a minor is abused or neglected for the sole reason that a guardian or other person responsible, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practices of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of the person or minor in their trust, and, in the case of an adult, in accordance with the practices of or the express consent of the incapacitated or partially incapacitated person.
2. Nothing contained in this subsection shall prevent a court from immediately assuming custody of a minor, pursuant to the Oklahoma Children's Code, and ordering whatever action may be necessary, including medical treatment, to protect the minor's health or welfare.
Added by Laws 1988, c. 329, § 11, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 8, operative July 1, 1990; Laws 1998, c. 298, § 1, eff. Nov. 1, 1998.
§301112. Persons and property subject to act Power of appointment Parental rights.
A. Except as otherwise specifically provided by law, the Oklahoma Guardianship and Conservatorship Act applies to:
1. Minors in this state. Guardianships for minors established pursuant to Section 3 of this act shall only be subject to provisions of the Oklahoma Guardianship and Conservatorship Act as provided in subsection B of this section;
2. Incapacitated and partially incapacitated persons in this state; and
3. Property located in this state of nondomiciliaries who are minors or incapacitated or partially incapacitated persons, or property coming into the control of a guardian who is subject to the laws of this state.
B. Guardianships, subject to Section 3 of this act, shall be subject to Article 1 of the Oklahoma Guardianship and Conservatorship Act and Sections 4-501, 4-503, 4-706, 4-707, 4-801, 4-802, 4-901 and 4-902 of Title 30 of the Oklahoma Statutes.
C. No person, whether a parent or otherwise, has any power as a guardian, except by appointment by a court. The provisions of the Oklahoma Guardianship and Conservatorship Act shall not be construed to limit the parental rights of parents as the natural guardians of their children.
R.L. 1910, § 3327. Amended by Laws 1988, c. 329, § 12, eff. Dec. 1, 1988. Renumbered from § 7 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 9, operative July 1, 1990; Laws 2000, c. 385, § 13, eff. Nov. 1, 2000.
§301113. Appointment of guardian Jurisdiction.
A. A guardian of the person or property, or both, of a person residing in this state, who is a minor, or an incapacitated or partially incapacitated person, may be appointed in all cases by the court as provided in this title.
B. After the service of notice in a proceeding seeking the appointment of a guardian or other order, in subsequent proceedings pertaining to the guardianship of a ward and until termination of the proceeding, the court in which the petition is filed has exclusive jurisdiction to determine:
1. The need for a guardian or other order; and
2. How the estate of the ward shall be managed, expended, or distributed to or for the use of the ward or the dependents of the ward.
R.L. 1910, § 3328. Amended by Laws 1988, c. 329, § 13, eff. Dec. 1, 1988. Renumbered from § 8 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 10, operative July 1, 1990.
§301114. Powers of court.
A. In all cases the court making the appointment of a guardian has exclusive jurisdiction to control such guardian in the management and disposition of the person and property of the ward.
B. The court has jurisdiction over guardianship proceedings, and has the following powers, which must be exercised in the manner prescribed by statute, to:
1. Appoint and remove guardians for minors and for incapacitated and partially incapacitated persons;
2. Issue and revoke letters of guardianship;
3. Control the conduct of guardians with regard to the care and treatment provided to their wards;
4. Control the conduct of guardians with regard to the management of the financial resources of their wards, including but not limited to the power to:
a. compel guardians to submit plans, reports, inventories and accountings to the court,
b. compel payment and delivery by guardians of property belonging to their wards,
c. order the payment of debts, the sale of property, and order and regulate the distribution of property which has been placed under the control or management of a guardian, and
d. settle the accounts of guardians;
5. Appoint appraisers of the property of wards;
6. Compel the attendance of witnesses and the production of documents and property;
7. After a petition has been filed for appointment of a guardian for a minor, make or modify any temporary order of guardianship during the progress of the proceedings that would be in the best interest of the ward. Any such temporary order may be entered ex parte with written notice sent to all parties directing them to appear before the court, at a time and place therein specified, not more than twenty (20) days from the time of making such order, to show cause why the order should not be granted for temporary guardianship; and
8. Exercise all powers conferred by the Oklahoma Guardianship and Conservatorship Act, Section 1-101 et seq. of this title, and to make such orders as may be necessary for the exercise of said powers.
C. The chief judge of each district court shall establish by court rule a system for:
1. The filing of guardianship and conservatorship cases and records which distinguish them from probate cases; and
2. Monitoring the filing of annual reports and inventories required by this title for the purpose of assuring that the court will be notified of annual reports as they fall due and whether or not said reports are filed.
R.L. 1910, § 3330. Amended by Laws 1988, c. 329, § 14, eff. Dec. 1, 1988. Renumbered from § 10 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 11, operative July 1, 1990; Laws 1992, c. 115, § 1, eff. Sept. 1, 1992.
§30-1-115. Venue - Priorities of jurisdiction - Transfer - Consolidation.
A. The venue for a guardianship proceeding is in:
1. The district court of the county where the minor or the incapacitated or partially incapacitated person resides;
2. The district court of the county where the proposed guardian resides if the proposed guardian is a member of the minor's or incapacitated person's family; or
3. The district court of the county to which the cause is transferred by a judge of the court in which the petition was filed or the cause is pending. Provided, venue to appoint the guardian of a nonresident minor or incapacitated person shall be in a county where the nonresident has property.
B. If a proceeding pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to exercise jurisdiction over the proceeding and proceed with the action. A court shall not exercise jurisdiction over a proceeding for guardianship of a minor pursuant to this title if, at the time the petition for guardianship is filed, another court of this state is exercising jurisdiction pursuant to Section 1-4-101 of Title 10A of the Oklahoma Statutes, unless after notice to the parties in the deprived action, the written consent of such court is obtained and filed in the guardianship proceeding.
1. If proceedings concerning the same estate, minor, alleged incapacitated or partially incapacitated person, or ward are commenced in more than one court of this state, the court in which a proceeding was first commenced shall continue to hear the matter and determine venue. If the court where the proceeding was first filed determines that venue is properly in another court, it shall transfer the proceeding to the other court.
2. If the court finds that in the interest of justice a proceeding should be conducted in another court of this state, the court may transfer the proceeding to the other court.
C. If both guardianship and conservatorship proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.
Added by Laws 1988, c. 329, § 15, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 12, operative July 1, 1990; Laws 2005, c. 69, § 3, eff. Nov. 1, 2005; Laws 2009, c. 234, § 134, emerg. eff. May 21, 2009.
NOTE: Laws 1990, c. 51, § 20 repealed by Laws 1991, c. 335, § 36, emerg. eff. June 15, 1991.
§301116. Place of hearing Order and decree.
A. The power conferred upon the court in relation to guardians and wards may be exercised in chambers or elsewhere in the discretion of the judge. Any hearing held pursuant to the provisions of this act may be held at such place as the court directs.
B. Any order appointing a guardian must be entered as and become a decree of the court.
C. Except as otherwise specifically provided by this act, the provisions of Title 58 of the Oklahoma Statutes relative to the estates of decedents, so far as they relate to the practice in the courts, apply to proceedings under this title. The rules of civil procedure including the rules concerning discovery, vacation of orders and appellate review, govern proceedings subject to the Oklahoma Guardianship and Conservatorship Act unless otherwise provided in this title or Title 58 of the Oklahoma Statutes.
R.L. 1910, § 6585. Amended by Laws 1953, p. 249, § 87; Laws 1988, c. 329, § 16, eff. Dec. 1, 1988. Renumbered from Title 58, § 893 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 13, operative July 1, 1990.
§301117. Guardians ad litem Power to appoint Appointment.
A. Nothing contained in this title affects or impairs the power of any court to appoint a guardian ad litem to defend the interests of any minor interested in any suit or matter pending therein.
B. At any point in a guardianship proceeding, the subject of the proceeding, his attorney, the guardian of the subject of the proceeding or anyone interested in the welfare of the subject of the proceeding may file an application to have a guardian ad litem appointed by the court, or the court on its own motion may appoint a guardian ad litem. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
R.L. 1910, § 6537. Amended by Laws 1953, p. 249, § 86; Laws 1988, c. 329, § 17, eff. Dec. 1, 1988. Renumbered from Title 58, § 891 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 14, operative July 1, 1990.
§301118. Guardian of nonresident.
A guardian of the property, within this state, of a person not residing therein, who is a minor, or an incapacitated or partially incapacitated person, may be appointed by the court as provided by this title.
R.L. 1910, § 3329. Amended by Laws 1988, c. 329, § 18, eff. Dec. 1, 1988. Renumbered from § 9 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 15, operative July 1, 1990.
§301119. Powers of guardian.
A guardian has only those powers over the person or the property of the ward, or both such person and property, as ordered by the court pursuant to this title.
R.L. 1910, § 3333. Amended by Laws 1988, c. 329, § 19, eff. Dec. 1, 1988. Renumbered from § 14 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 16, operative July 1, 1990.
§301120. Power of guardian of the person Report of change of ward's abode Power of limited guardians.
A. A guardian, including a special guardian, of the person is charged with the custody of the ward, and must look to the support, health and education of the ward. Except as provided by Section 3-113 of this title, he may fix the place of abode of the ward at any place within the county, but not elsewhere, without permission of the court and any change in the place of abode of a ward within the county shall be reported to the court.
B. Limited guardians of partially incapacitated persons shall not have custody of the person of the ward and shall have only those powers or controls over the person of the ward specifically ordered in a dispositional order or other order of the court.
R.L. 1910, § 3334. Amended by Laws 1988, c. 329, § 20, eff. Dec. 1, 1988. Renumbered from § 15 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 17, operative July 1, 1990.
§301121. Guardian of the property Power Fiduciary duty.
A. A guardian of the property must keep safely the property of his ward. He must not permit any unnecessary waste or destruction of the real property, nor make any sale of such property without the order of the court, but must so far as it is in his power, maintain the same, with its buildings and appurtenances, out of the income or other property of the estate, and deliver it to the ward or the successors of the ward at the close of his guardianship, in as good condition as he received it.
B. A guardian of the property, in relation to powers conferred pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act, shall act as a fiduciary and shall perform, diligently and in good faith, as a prudent person would in managing his own property, not with regard to speculation but with regard to conservation and growth, and the specific duties and powers assigned by the court.
R.L. 1910, § 3335. Amended by Laws 1988, c. 329, § 21, eff. Dec. 1, 1988. Renumbered from § 16 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 18, operative July 1, 1990.
§301122. Confidential information filed with court.
A. Confidential information filed with or submitted to the court in conjunction with any proceeding pursuant to the Oklahoma Guardianship and Conservatorship Act, shall not constitute a public record and shall be sealed by the court. Access to confidential information shall be strictly controlled. Except upon court order, no confidential information shall be disclosed to persons other than:
1. The subject of the proceeding and the subject’s attorney;
2. The guardian ad litem;
3. If the subject of the confidential information is a ward, the guardian or conservator of such ward;
4. If the subject of the confidential information is the guardian or conservator, the ward and the subject’s attorney, and the attorney of such guardian or conservator;
5. Abstractors licensed pursuant to the Oklahoma Abstractors Law, for the purpose of having access to records regarding minors and determinations of persons as incapacitated or partially incapacitated persons pursuant to the Oklahoma Guardianship Act. Abstractors shall maintain the confidentiality of this data, except for such parts as are relevant to the land title being researched;
6. An authorized representative of the United States Department of Veterans Affairs upon presentation of proper identification; and
7. An authorized representative of the Department of Human Services upon presentation of proper identification.
B. The fact of the existence of a guardianship or conservatorship of a person or that person's estate shall not be considered confidential information.
Added by Laws 1988, c. 329, § 22, eff. Dec. 1, 1988. Amended by Laws 1989, c. 12, § 1, emerg. eff. March 27, 1989; Laws 1990, c. 323, § 79, operative July 1, 1990; Laws 1991, c. 18, § 2, emerg. eff. March 29, 1991; Laws 1992, c. 395, § 1, eff. Sept. 1, 1992; Laws 1999, c. 214, § 1, eff. Nov. 1, 1999.
§301123. Letters of guardianship.
Letters of guardianship are evidence of the transfer of the management or administration of all assets, or the part thereof specified in the letters, of a ward to the guardian. An order terminating a guardianship is evidence of transfer of the management or administration of all assets subject to the guardianship from the guardian to the ward, or to successors of the ward.
Added by Laws 1988, c. 329, § 23, eff. Dec. 1, 1988.
§30-1-124. Guardianship and conservatorship handbook and duties summary.
The Administrative Office of the Courts shall prepare a guardianship and conservatorship handbook for distribution to the district courts. The handbook shall be written in clear, simple language and shall include information about the laws and procedures which apply to adult guardianships and conservatorships and the duties and responsibilities of such guardians and conservators. In conjunction with the guardianship handbook, the Administrative Office of the Courts shall develop a summary of the duties of guardians and conservators including, but not limited to, statutory notices, timetables, and required court approvals. The summary shall emphasize the significance of timely accountability to the court and to the ward as well as the sanctions and penalties which may be imposed for failure to comply with the requirements of the law or orders of the court. Copies of the handbook shall be made available to the public through the offices of the district court clerks.
Added by Laws 1988, c. 329, § 24, eff. Dec. 1, 1988. Amended by Laws 1994, c. 234, § 3, eff. Sept. 1, 1994.
§30-1-125. Computation of time.
The time within which an act is to be done, as provided for in Title 30 of the Oklahoma Statutes, shall be computed by excluding the first day and including the last day. If the last day is a legal holiday as defined by Section 82.1 of Title 25 of the Oklahoma Statutes, it shall be excluded. The provisions of this section are hereby declared to be a clarification of the law as it existed prior to the effective date of this act and shall not be considered or construed to be a change of the law as it existed prior to the effective date of this act. Any action or proceeding arising under Title 30 of the Oklahoma Statutes prior to the effective date of this act for which a determination of the period of time prescribed by this section is in question or has been in question due to the enactment of Section 20, Chapter 293, O.S.L. 1999, shall be governed by the method for computation of time as prescribed by this section.
Added by Laws 2000, c. 260, § 2, emerg. eff. June 1, 2000.
§30-2. Renumbered as § 1-107 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
§302101. When guardian of minor to be appointed Petition Notice.
A. The court of each county, when it appears necessary or convenient, may appoint guardians for the persons and estates, or either, or both of them, of minors.
B. Such appointment may be made on the verified petition of a relative or other person in behalf of such minor.
C. 1. Before making the appointment, the court may receive an investigation and report regarding the background and home of the prospective guardian. The investigation and report of the prospective guardian and placement restrictions and requirements shall be made pursuant to the requirements of the Oklahoma Adoption Code. In determining whether to require a home study pursuant to the provisions of this paragraph, the court shall balance the need for a home study to protect the best interests of the minor with the ability of the prospective guardian to pay for the home study.
2. a. Costs of the home study shall be assessed against any private child-placing agency having custody of the child, or the person having legal custody of the child or the prospective guardians of the child.
b. (1) For any child in the custody of the Department of Human Services or the Department of Juvenile Justice, the applicable Department shall conduct or provide for the home study for such child as required by the Oklahoma Children’s Code or the Oklahoma Juvenile Code.
(2) The Department of Human Services or the Department of Juvenile Justice shall not be required by any court to conduct or provide for a home study and report to the court on guardianship placements for any child that is not in the custody of either Department.
3. An order appointing a guardian of the minor who has a parent living or other person legally responsible for the child shall comply with the provisions of Section 2-108 of this title.
D. In addition, before making the appointment, the court must cause notice of the hearing on the petition for appointment of a guardian for a minor to be given in the form required by the court to the minor if the minor has attained the age of fourteen (14) as of the date the petition is filed. The court shall also cause notice to be sent to the following persons:
1. The thenliving parents of the minor and any other person having custody of the minor, if such parent or person is not one of the petitioners;
2. If the minor has no thenliving parent, then to one of the thenliving grandparents who is not one of the petitioners and who is not married to one of the petitioners; and
3. If there is no such thenliving grandparent or if there is no such thenliving grandparent whose address is known to the petitioner, then notice shall be given to an adult relative, if any, of the minor residing in the county in which the petition was filed.
E. Such notice shall be mailed to each person, entitled to notice pursuant to this section, at that person's address as lastknown to the petitioner, at least ten (10) days prior to the date set by the court for hearing on the petition. Provided the court may direct a shorter notice period if the court deems such shorter notice period to be appropriate under the circumstances. If there is no person other than the minor who is entitled to notice, or if the address of any person, other than the minor, who is entitled to notice is not known to the petitioner, the petition shall so allege. The court may direct that notice, other than notice to the minor if the minor has attained the age of fourteen (14), be waived or be given to any person or persons other than the minor in such manner as the court determines and directs.
R.L. 1910, § 6522. Amended by Laws 1953, p. 244, § 64; Laws 1969, c. 302, § 27, eff. Jan. 1, 1970; Laws 1988, c. 329, § 25, eff. Dec. 1, 1988. Renumbered from § 761 of Title 58 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 19, operative July 1, 1990; Laws 2004, c. 158, § 1.
§302102. Nominations of guardian.
A. A guardian of the person or estate, or of both, of a child born, or likely to be born, may be nominated by will or by other written instrument, to take effect upon the death of the parent so nominating:
1. If the child is born in wedlock, by either parent or by both parents.
2. If the child is born out of wedlock, by the mother of the child or by the natural father of the child, if said natural father has acknowledged paternity pursuant to Section 55 of Title 10 of the Oklahoma Statutes or has been judicially determined to be the father of the child at a paternity proceeding pursuant to Section 70 of Title 10 of the Oklahoma Statutes, or by both such mother and father.
B. A nomination made by a parent who has relinquished parental rights pursuant to an adoption proceeding or whose parental rights have been terminated by a district court shall have no effect.
R.L. 1910, § 3326. Amended by Laws 1988, c. 329, § 26, eff. Dec. 1, 1988. Renumbered from § 6 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1991, c. 71, § 6, emerg. eff. April 15, 1991.
§30-2-103. Nomination and appointment of guardian - Age of minor.
A. If the minor is under the age of fourteen (14) years, the court may name and appoint his guardian. If the minor has attained the age of fourteen (14) years, the minor may nominate his own guardian, who, if approved by the court, must be appointed accordingly.
B. The court, in appointing a guardian for a minor, is to be guided by Section 112.4 of Title 43 of the Oklahoma Statutes.
R.L. 1910, § 6523. Amended by Laws 1953, p. 244, § 65; Laws 1988, c. 329, § 27, eff. Dec. 1, 1988. Renumbered from § 762 of Title 58 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 2009, c. 234, § 135, emerg. eff. May 21, 2009.
§302104. Nomination of guardian by minor at 14 years of age Approval of court.
When a guardian has been appointed by the court for a minor under the age of fourteen (14) years, the minor, at any time after he has attained age fourteen (14), may nominate his own guardian, subject to the approval of the court.
R.L. 1910, § 6529. Amended by Laws 1988, c. 329, § 28, eff. Dec. 1, 1988. Renumbered from Title 58, § 768 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
§302105. Appointment when ward's nominee ineligible.
If a guardian nominated by a minor who has attained the age of fourteen (14) years is not approved by the court or if, after being notified by the court, the minor neglects for ten (10) days to nominate a suitable person, the court may name and appoint a guardian in the same manner as if the minor was under the age of fourteen (14) years.
R.L. 1910, § 6524. Amended by Laws 1988, c. 329, § 29, eff. Dec. 1, 1988. Renumbered from Title 58, § 763 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
§302106. Appointment of parents as guardians.
A minor's parent who is competent to transact his or her own business and not otherwise unsuitable or disqualified by law to serve as the guardian of said minor, shall be entitled to the guardianship of the minor until the minor has attained the age of fourteen (14) years. The parent petitioning the court for appointment as guardian of the minor must have the endorsement or nomination of the other parent, if the natural parents of the minor are married and living together. In cases where both parents are separately seeking appointment as guardian of the minor, the court may, upon full investigation, appoint the parent who in the judgment of the court is the most competent to look after the interest of said minor.
R.L. 1910, § 6530. Amended by Laws 1913, c. 29, p. 59, § 1; Laws 1988, c. 329, § 30, eff. Dec. 1, 1988. Renumbered from Title 58, § 769 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
§302107. Guardian in charge of education.
If the minor has no father or mother living who is competent to have charge of the education of the minor, the guardian appointed by the court shall have the same.
R.L. 1910, § 6531. Amended by Laws 1988, c. 329, § 31, eff. Dec. 1, 1988. Renumbered from Title 58, § 801 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
§30-2-108. Education and maintenance of minor - Income from property of minor - Guardianship of minor with living parent - Child support.
A. If any minor, having a parent or parents living, has property, the income of which is sufficient for his or her maintenance and education in a manner more expensive than such parent or parents can reasonably afford, regard being had to all of the circumstances of the case, the expenses of the education and maintenance of such minor may be defrayed out of the income of the property of the minor in whole or in part, as judged reasonable and as directed by the court. The charges therefor may be allowed accordingly in the settlement of the accounts of the guardian of the minor.
B. Except as provided in subsection A of this section:
1. Any order appointing a guardian of the minor who has a living parent or other person legally responsible for the support of the child shall:
a. provide for the payment of child support by each parent or other responsible party pursuant to the Oklahoma child support guidelines as set forth in Sections 118 and 119 of Title 43 of the Oklahoma Statutes. Each parent, including parents who reside together, shall be individually ordered to pay the percentage of the total monthly child support obligation attributable to that parent, and
b. contain an immediate income assignment provision pursuant to Section 115 of Title 43 of the Oklahoma Statutes;
2. The court may defer the issue of establishment or enforcement of child support to the appropriate administrative or district court when child support services are being provided pursuant to the state child support plan as provided in Section 237 of Title 56 of the Oklahoma Statutes; and
3. Any guardianship or conservatorship for a minor created on or after December 1, 2000, shall comply with the provisions of this subsection. Guardianships or conservatorships for a minor in existence prior to December 1, 2000, shall comply with the provisions of this subsection as ordered by the court.
C. In any guardianship in which provision is made for the custody or support of a minor child or enforcement of an existing custody or support order or before hearing the matter or signing any orders, the court shall inquire whether public assistance money or medical support has been provided through the Department of Human Services, hereafter referred to as the Department, for the benefit of each child, or whether the Department is providing child support services pursuant to the state child support plan as provided in Section 237 of Title 56 of the Oklahoma Statutes. If public assistance money, medical support, or child support services have been provided for the benefit of the child, the Department shall be a necessary party for the adjudication of the debt due to the state, as defined in Section 238 of Title 56 of the Oklahoma Statutes, and for the adjudication of paternity, child support, and medical insurance coverage for the minor children in accordance with federal regulations. When a guardianship action is filed, the petitioner shall give the Department notice of the action according to Section 2004 of Title 12 of the Oklahoma Statutes. The Department shall not be required to intervene in the action to have standing to appear and participate in the action. When the Department is a necessary party to the action, any orders concerning paternity, child support, medical support, or the debt due to the state shall be approved and signed by the Department.
R.L.1910, § 6535. Amended by Laws 1988, c. 329, § 32, eff. Dec. 1, 1988. Renumbered from § 802 of Title 58 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 2000, c. 385, § 14, eff. Nov. 1, 2000; Laws 2008, c. 407, § 18, eff. Nov. 1, 2008.
§302109. Conditions of appointment.
A. When any person is appointed guardian of a minor, the court may include in the order of appointment conditions providing for the care, treatment, education and welfare of the minor.
B. The performance of such conditions shall be a part of the duties of the guardian, for the faithful performance of which he and the sureties on his bond are responsible.
R.L. 1910, § 6533. Amended by Laws 1988, c. 329, § 33, eff. Dec. 1, 1988. Renumbered from Title 58, § 770 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 20, operative July 1, 1990.
§302110. Investments authorized.
A guardian legally holding funds or assets belonging to or for the benefit of a minor may with the approval of the district court or other court in which such estate is pending, invest such funds or assets or any part thereof, in single premium life, single premium endowment, or single premium annuity contracts of legal reserve life insurance companies as are duly licensed and qualified to transact business within this state.
Added by Laws 1947, p. 346, § 1. Renumbered from Title 58, § 816.1 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 21, operative July 1, 1990.
§302111. Contracts on lives of wards and beneficiaries of trust funds.
Such contracts may be issued on the life of a ward or beneficiary of a trust fund, and shall be so drawn by the insuring company so that the proceeds, or avails thereof shall be the sole property of the person whose funds are invested.
Added by Laws 1947, p. 347, § 2. Renumbered from Title 58, § 816.2 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 22, operative July 1, 1990.
§302112. Interest of guardian.
Such contracts may not be purchased from any company for which the guardian is acting as agent, or receives any commission, or part of any commission, directly or indirectly paid by such company to its agent soliciting or selling such contract.
Added by Laws 1947, p. 347, § 3. Renumbered from Title 58, § 816.3 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 23, operative July 1, 1990.
§302113. When power of guardian appointed by parent ceases.
The power of a guardian appointed for a minor ceases upon:
1. The removal of the guardian;
2. The solemnized marriage of the ward; or
3. The ward's attaining majority.
R.L. 1910, § 3338. Amended by Laws 1988, c. 329, § 34, eff. Dec. 1, 1988. Renumbered from § 19 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 24, operative July 1, 1990.
§302114. Release of minor ward at majority.
After a minor ward has come to his majority, such ward may settle accounts with his guardian and give him a release, which is valid, subject to approval of the court, if obtained fairly and without undue influence.
R.L. 1910, § 3340. Amended by Laws 1988, c. 329, § 35, eff. Dec. 1, 1988. Renumbered from § 21 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
§302115. Limitation of discharge by court.
A guardian of a minor appointed by a court is not entitled to his discharge until one (1) year after the majority of the ward unless the court determines that the minor has earlier validly released said guardian after a final accounting.
R.L. 1910, § 3341. Amended by Laws 1988, c. 329, § 36, eff. Dec. 1, 1988. Renumbered from § 22 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
§30-2-116. Delivery of up to $10,000 of minor's estate to custodian, parent or minor.
A. 1. When the whole estate of a minor does not exceed the value of T