Oklahoma § 30-4 - Renumbered as § 1-109 of this title by Laws 1988, c. 329, §
Full text of Oklahoma Oklahoma Statutes § 30-4 — Renumbered as § 1-109 of this title by Laws 1988, c. 329, §, with citation guidance and answers to common questions.
§ 30-4. Renumbered as § 1-109 of this title by Laws 1988, c. 329, §
134, eff. Dec. 1, 1988.
§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.
§30-4-102.
Violations - Punishment.
Oklahoma Statutes - Title 30. Guardian and Ward
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.
§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.
§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
Oklahoma Statutes - Title 30. Guardian and Ward
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.
§30-4-105. Inquiry into suitability of person proposed to serve as
guardian
A. In conducting an inquiry to determine whether a person is
suitable to serve as a guardian, the court shall determine if:
1. The person proposed to serve as guardian is a minor or an
incapacitated or partially incapacitated person;
2. The person proposed to serve as guardian and each adult
member of the proposed guardian's household has a record of a
criminal conviction, protective order, or pending criminal charge.
When requested by the court, the petitioner shall present to the
court an Oklahoma State Bureau of Investigation (OSBI) criminal
background check for the proposed guardian and any adult household
member evidencing no record of a criminal conviction in the OSBI
Oklahoma Statutes - Title 30. Guardian and Ward
criminal history repository based on the search criteria provided.
The petitioner shall disclose the case name and status of any civil
or criminal matter in state or federal court involving the proposed
guardian or any adult household member of the proposed guardian;
3. The person proposed to serve as guardian is insolvent or has
declared bankruptcy during five (5) years prior to the filing of the
pleading proposing such person to serve as guardian;
4. The person proposed to serve as guardian is under any
financial obligation to the ward; or
5. There exists a conflict of interest which would preclude or
be substantially detrimental to the ability of the person to act in
the best interest of the subject of the proceeding if such person is
appointed.
B. No minor or incapacitated person shall be appointed guardian
of an incapacitated or partially incapacitated person.
C. If the person proposed to serve has a criminal conviction,
protective order, pending criminal charge, or other civil or
criminal matter in state or federal court, the court shall make
further inquiry into the nature of such conviction, order, charge or
matter and the surrounding circumstances. The court shall appoint
such person proposed to serve only upon determining that the facts
underlying the circumstances do not give rise to a reasonable belief
that the person proposed to serve will be unfaithful to or
neglectful of the fiduciary and care responsibilities of the
guardian, and that the appointment is in the best interest of the
ward.
D. If the person proposed to serve as guardian or limited
guardian of the property of an incapacitated or partially
incapacitated person is insolvent or has declared bankruptcy within
five (5) years prior to the filing of the pleading proposing that
such person serve, the court shall appoint such person only after
giving due consideration to the nature and extent of the property of
the ward and the anticipated actions necessary to manage the estate
of the ward, and only upon a determination that such appointment is
in the best interest of the ward. Insolvency or bankruptcy shall
have no effect on the qualification of a person proposed to serve as
guardian or limited guardian of the person of an incapacitated or
partially incapacitated person.
E. If the person proposed to serve as guardian or limited
guardian of the property of an incapacitated or partially
incapacitated person is under any financial obligation to the ward,
the court shall make further inquiry into the nature and extent of
such obligation. The court shall appoint the person proposed to
serve only after a determination that such obligation will not
impair the ability of the person proposed to serve to discharge the
person's fiduciary responsibilities, and that the appointment is in
the best interest of the ward. Being under financial obligation to
Oklahoma Statutes - Title 30. Guardian and Ward
the ward shall have no effect on the qualification of a person
proposed to serve as guardian or limited guardian of the person of
an incapacitated or partially incapacitated person.
F. A current or potential conflict of interest which is not
substantial and not likely to preclude or impair the ability of a
person proposed to serve as a guardian acting in the best interest
of the person's ward shall not, by itself, disqualify such person
from appointment.
G. 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, unless the court determines that there are no such
qualified individuals available to serve as guardian and that it is
in the best interest of the minor or incapacitated or partially
incapacitated person to appoint a person without such
qualifications.
Added by Laws 1988, c. 329, § 76, eff. Dec. 1, 1988. Amended by
Laws 1990, c. 323, § 55, operative July 1, 1990; Laws 2007, c. 364,
§ 2, emerg. eff. June 4, 2007; Laws 2016, c. 370, § 2, eff. Nov. 1,
2016.
§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
Oklahoma Statutes - Title 30. Guardian and Ward
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.
§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.
§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
Oklahoma Statutes - Title 30. Guardian and Ward
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.
§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.
§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.
§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
Oklahoma Statutes - Title 30. Guardian and Ward
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.
§30-4-302.
1990.
Repealed by Laws 1990, c. 323, § 80, operative July 1,
§30-4-303. Settlement and allowance of accounts - Reports to court
- Accounting informations - Date certain for next annual report.
A. Except as otherwise provided by subsection B of this
section, a guardian or limited guardian of the property shall, upon
the expiration of a year from the time of appointment, and at least
annually thereafter, present accounts to the court for settlement
and allowance as part of the guardianship report as required by
Section 4-306 of this title.
B. 1. In addition, a guardian or limited guardian of the
property shall:
a.
present accounts whenever the court requires that such
report or accounts be presented, and
b.
with the annual report of accounts, report any changes
of property listed on the inventory required by
Section 4-301 of this title. The report shall state
the compensation requested by the guardian and for the
attorneys.
2. If there has been a significant change in the physical or
mental condition of the ward, or the ward's financial resources, the
details thereof shall be set forth in the annual report required by
subsection A of this section.
3. Except as otherwise directed by the court or required by the
Veterans Volunteer Guardianship Act, the provisions of this
subsection regarding the filing of an annual accounting and annual
plan shall not apply to any guardianship of the property of a ward
if the ward's financial resources or assets, other than a homestead,
are worth less than Forty Thousand Dollars ($40,000.00) if a bond
has been posted, or are worth less than Ten Thousand Dollars
($10,000.00) regardless of whether or not a bond has been posted,
and if the guardian or limited guardian of the property is the
spouse or a relative of the ward within the fourth degree of
consanguinity.
Oklahoma Statutes - Title 30. Guardian and Ward
C. In addition to the reports required by subsections A and B
of this section, a guardian or limited guardian shall submit a
report:
1. If the ward is an incapacitated or partially incapacitated
person, when there is a significant change in the capacity of the
ward to meet the essential requirements for the physical health or
safety of the ward or to manage the financial resources of the ward;
2. If the ward is a minor, any significant change in the
condition of the minor or in the condition of the estate of the
minor;
3. When the guardian or limited guardian resigns or is removed;
and
4. When the guardianship is terminated.
D. 1. Unless waived at the discretion of the court, a guardian
or limited guardian of the person of an incapacitated or partially
incapacitated person shall file a report on the guardianship of the
person pursuant to Section 4-305 of this title.
2. A guardian of the person of a minor ward shall not be
required to file annual reports of the guardianship of the person of
the ward unless ordered by the court.
3. A guardian or limited guardian of the property of a ward
shall file a report on the guardianship of the property pursuant to
Section 4-306 of this title.
E. The court shall not waive the filing of any report for a
period in excess of five (5) years.
F. If the same person or organization is required to file
reports as to both the person and the property of a ward, the
reports may be consolidated.
G. Any accounting information submitted by a guardian or
limited guardian of the property of a ward shall be verified and
shall be rendered in the same manner as required by Title 58 of the
Oklahoma Statutes with respect to any information of an estate of a
decedent. Such information shall also set forth any charges to the
property of the ward which have accrued since the previous
accounting or, in the case of an initial accounting, since the
filing of an inventory of the property of the ward placed under the
control of the guardian or limited guardian.
H. In addition to other specified information any order of the
court approving an annual guardianship plan and report shall include
the date certain by which the guardian shall file the next annual
report.
R.L. 1910, § 6550. Amended by Laws 1988, c. 329, § 83, eff. Dec. 1,
1988. Renumbered from § 872 of Title 58 by Laws 1988, c. 329, §
134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 58,
operative July 1, 1990; Laws 1992, c. 115, § 2, eff. Sept. 1, 1992;
Laws 2001, c. 322, § 2, emerg. eff. June 1, 2001; Laws 2004, c. 181,
Oklahoma Statutes - Title 30. Guardian and Ward
§ 8, eff. Nov. 1, 2004; Laws 2019, c. 23, § 10, emerg. eff. April 4,
2019.
§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.
§30-4-305. Report on guardianship of person - Requirements attachments.
A. A report on the guardianship of the person of an
incapacitated or partially incapacitated person shall set forth:
1. The name and place of abode of the ward and the name and
address of the guardian or limited guardian;
2. Any significant change in the capacity of the ward to meet
the essential requirements for his physical health or safety;
3. The services being provided to the ward and the relationship
of those services to the individual guardianship plan;
4. Any significant actions taken by the guardian or limited
guardian or guardian during the reporting period;
5. Any significant problems relating to the guardianship which
have arisen during the reporting period;
6. The reasons, if any, why the appointment should be
continued; and
7. The reasons, if any, why no less restrictive alternative
will permit the incapacitated or partially incapacitated person to
meet the essential requirements for his physical health or safety.
B. The report shall be substantially in the following form:
Report on the Guardianship of the Person
I,
(Name)
the (Guardian/Limited Guardian of the person)
for
(Name) , an (incapacitated/partially incapacitated) person
hereby submit this (annual, court-ordered) Guardianship Report.
1. The present place of abode of the ward is:
_________________________________________________________
_________________________________________________________
2. The type of home or facility in which the ward lives is
_________________________ and the name of the person in charge of
the home or facility is _____________________________
3. My present street address and telephone number is:
________________________________________________________
4. During the last year, I have seen the ward _______ times. I
otherwise or also have become or remained familiar with the needs
and care of the ward as follows: ___________________________
The nature of my visits to the ward have been:
Oklahoma Statutes - Title 30. Guardian and Ward
____________________________________________________________
5. The following services are currently being provided to the ward:
_____________________________________________________________
6. These services (are, are not) provided for in the current
Guardianship Plan. The reason they are not shown in the current
Guardianship Plan is: ___________________________________
7. The ward was last seen by a physician on: __________________ The
purpose of the visit was: ____________________________
8. I (have, have not) observed any major change in the ward's
physical or mental condition during the last year. (If so,) these
are my observations:
_______________________________________________________________
_______________________________________________________________
9. I (have, have not) taken any significant action for or on behalf
of the ward since the last time I submitted a Guardianship Report.
(If so,) I took the following actions:
_______________________________________________________________
10. There (have, have not) been any significant problems relating
to the ward or to my guardianship of the ward since the last time I
submitted a Guardianship Report or, if this is an initial report,
since the issuance of my letters. (If so,) I have observed these
problems:
_______________________________________________________________
11. It is my opinion that the guardianship (should, should not) be
continued. (If so,) the basis for my belief is as follows:
_______________________________________________________________
12. I believe the ward (would, would not) be able to manage
essential requirements for physical health and safety with fewer
restrictions on the ward's ability to act for himself or herself.
(If so,) the basis for my belief is as follows:
_______________________________________________________________
13. My opinion of the present care being provided to the ward is as
follows:
_______________________________________________________________
14. The place of abode of the ward (has, has not) changed since the
last guardianship report. (If so,) the place of abode of the ward
was changed for the following reasons:
_______________________________________________________________
I hereby swear that the answers set forth above are true and
correct to the best knowledge and belief of the undersigned, subject
to the penalties of making a false affidavit or declaration.
Date: _______
____________________________________________
(Signature of Guardian or Limited Guardian)
Telephone: _________________________
C. Whenever there are changes or proposed changes to the
guardianship plan, an individual guardianship plan, substantially in
the same form as provided in Section 3-120 of this title, shall be
Oklahoma Statutes - Title 30. Guardian and Ward
submitted with the guardianship report and shall show any such
changes or proposed changes in the guardianship plan since last
submitted to and approved by the court.
D. Attached to the report shall be:
1. An accounting of any monies received by the guardian or
limited guardian on behalf of the ward;
2. Any expenditures made by the limited guardian or guardian on
behalf of the ward;
3. Any compensation requested by the guardian or limited
guardian; and
4. Copies of any appropriate medical records, evaluations, or
other similar documentation pertinent to the reporting period.
Added by Laws 1988, c. 329, § 84, eff. Dec. 1, 1988. Amended by
Laws 1990, c. 323, § 60, operative July 1, 1990.
§30-4-306. Report on guardianship or limited guardianship of
property - Requirements - Attachments - Review of financial
resources.
A. A report on the guardianship or limited guardianship of the
property of a ward shall set forth:
1. The name and place of abode of the ward, and the name and
address of the guardian or limited guardian;
2. If the ward is an incapacitated or partially incapacitated
person, significant changes in the capacity of the ward to manage
his financial resources and the services being provided to the ward
and the relationship of those services to the individual
guardianship plan for the management of financial resources;
3. Any significant actions taken by the guardian or limited
guardian during the reporting period;
4. Any significant problems relating to the guardianship which
have arisen during the reporting period; and
5. If the ward is an incapacitated or partially incapacitated
person, the reasons, if any, why the guardianship should not be
terminated, or why no less restrictive alternative would permit the
ward to manage his financial resources.
B. If the ward is an incapacitated or partially incapacitated
person, reports on the guardianship of the property shall be
substantially in the following form:
Report on the Guardianship of Property
I,
(Name)
the (Guardian or Limited Guardian of the
property) of (Name)
, an incapacitated (or a partially
incapacitated) person, hereby submit this (annual, court-ordered)
Report.
1. List any significant changes in the capacity of the ward to
manage his or her financial resources:__________________________
________________________________________________________________
Oklahoma Statutes - Title 30. Guardian and Ward
2. The services currently being provided to the ward are as
follows:
_________________________________________________________
3. These services (are, are not) provided for in the current
Guardianship Plan as approved by the court.
The reason these services are not shown in the current plan are as
follows:_______________________________________________________
_______________________________________________________________
4. I (have, have not) taken any significant actions for or on
behalf of the ward since the last time I submitted a Guardianship
Report.
(If so:) These actions are as follows:
_______________________________________________________________
5. There (have, have not) been any significant problems relating to
the guardianship since the last time I submitted a Guardianship
Report.
(If so:) The problems are as follows:
_______________________________________________________________
6. In my opinion, the guardianship (should, should not) be
continued. The reasons for my belief are as follows:
_______________________________________________________________
7. It is my belief that the ward (would, would not) be able to
manage his or her financial resources with fewer restrictions on the
ward's ability to act for him or herself. The reasons for my belief
are as follows:
_______________________________________________________________
I hereby swear that the answers set forth above are true and correct
to the best knowledge and belief of the undersigned, subject to the
penalties of making a false affidavit or declaration.
_________________
_______________________________________
(Date of Report)
(Signature of Guardian or Limited Guardian)
C. If the ward is a minor, reports on the guardianship of the
property shall be substantially in the following form:
I,
(Name)
the (Guardian or Limited Guardian of the
property) of (Name)
, a minor, hereby submit this (annual,
court-ordered) Report.
1. The services currently being provided to the ward are as
follows:
_________________________________________________________
2. These services (are, are not) provided for in the current
Guardianship Plan as approved by the court.
The reason these services are not shown in the current plan are as
follows:_______________________________________________________
_______________________________________________________________
3. I (have, have not) taken any significant actions for or on
behalf of the ward since the last time I submitted a Guardianship
Report.
Oklahoma Statutes - Title 30. Guardian and Ward
(If so:) These actions are as follows:
_______________________________________________________________
4. There (have, have not) been any significant problems relating to
the guardianship since the last time I submitted a Guardianship
Report.
(If so:) The problems are as follows:
_______________________________________________________________
I hereby swear that the answers set forth above are true and correct
to the best knowledge and belief of the undersigned, subject to the
penalties of making a false affidavit or declaration.
_________________
_______________________________________
(Date of Report)
(Signature of Guardian or Limited Guardian)
D. Whenever there are changes or proposed changes to the
guardianship plan, an individual guardianship plan for the
management of financial resources, substantially in the same form as
provided in Section 3-122 of this title, shall be submitted with the
guardianship report and shall show any such changes or proposed
changes in the guardianship plan since last submitted and approved
by the court.
E. The report:
1. Shall contain a complete financial statement of the
financial resources of the ward under the control or supervision of
the guardian or limited guardian of the property;
2. Shall contain an accounting of any receipts and
disbursements received, or expenditures made by the guardian or
limited guardian on behalf of the ward;
3. May include any request for compensation for the guardian;
and
4. May include any compensation request for the attorney for
the ward.
F. As directed by the court, following submission of a report
or in conjunction with an initial or annual review or any subsequent
proceeding, a guardian or limited guardian shall submit to an actual
review of the financial resources placed under his control.
Added by Laws 1988, c. 329, § 85, eff. Dec. 1, 1988. Amended by
Laws 1990, c. 323, § 61, operative July 1, 1990.
§30-4-307. Mailing of copies of annual report - Objections to
report - Hearing - Order granting immediate relief - Order for
compensation - New bond - Appointment of counsel to represent ward.
A. 1. Upon the filing of an annual report the court shall
immediately cause a copy of the report to be mailed by first-class
mail to:
a.
the persons entitled to notice pursuant to Section 2101 of this title for minors, or
Oklahoma Statutes - Title 30. Guardian and Ward
b.
those persons entitled to notice pursuant to
paragraphs 1, 2, 3 and 7 of subsection A of Section 3110 of this title for adults, and
c.
the attorney of the ward, if any.
2. Attached to the copy of the report shall be a statement
notifying the person receiving copies of said reports that any
objection to the report must be filed within fifteen (15) days after
the date of the filing of the annual report with the court.
3. Any person entitled to receive a copy of the annual report
may file an objection to said report within fifteen (15) days after
the filing of the annual report with the court.
B. 1. After notice, the court may on its own motion hold a
hearing on an annual report and shall hold a hearing:
a.
upon the filing of an objection to the annual report;
or
b.
when the court is considering issuing an order other
than an order accepting the report and granting the
relief requested.
2. Notice for a hearing on an annual report shall be given, by
mail, to the persons entitled to notice pursuant to Section 2-101 of
this title for minors or paragraphs 1, 2, 3 and 7 of subsection A of
Section 3-110 of this title for adults at least ten (10) days prior
to the date set for the hearing. Notice shall be in such form as
the court may direct and shall be sent by regular first-class mail.
C. The court may enter an order granting the relief requested
in the report without notice if the court determines that such
relief should be granted immediately. In that event, the court
shall grant such relief on a temporary basis pending a hearing on
the report or the expiration of the fifteen (15) days within which
an objection to the report may be filed.
D. When no objection to an annual report is filed and no
hearing on the annual report is held as otherwise provided by this
section, the court shall issue an order accepting the annual report
and granting the relief requested.
E. The compensation for the guardian, the guardian's attorney,
and any other person entitled to compensation from the property of
the ward shall be determined by the court in the manner required by
the provisions of the Oklahoma Guardianship and Conservatorship Act.
Such order, whether issued at the expiration of the fifteen (15)
days within which an objection to the annual report may be filed or
after a hearing on the report, shall be final with respect to all
persons given copies of the annual report or notice of such hearing,
except with regard to any such person who may be determined to have
been subject to a legal disability at the time such notice was
given. Such order also shall be final with respect to the guardian
except with respect to challenge by the ward upon the removal of the
ward's legal disability.
Oklahoma Statutes - Title 30. Guardian and Ward
F. With regard to an annual report of a guardian of the
property of a ward, the court shall examine the changes, if any, to
the property of the ward as set forth in the report. If the
guardian was required to submit a bond, and if the total value of
the ward's property which is subject to the proceeding differs
significantly from the total value of the ward's property as last
disclosed to the court:
1. The court shall direct such guardian to obtain a new bond of
such lesser or greater penal amount as will adequately protect the
ward's property which is subject to the proceeding;
2. Such new bond shall be filed with the district court clerk
within thirty (30) days following the date of the order; and
3. If the court requires a new bond of a greater penal amount
than the bond previously submitted, failure of the guardian to
submit such new bond within the thirty-day period set forth in this
subsection shall constitute grounds for removal of such guardian or
limited guardian.
G. At any hearing held upon an annual report:
1. If required by the court, the guardian or limited guardian
shall be present;
2. The court shall review the annual report and consider any
objection made thereto, and thereupon enter such order as the court
deems appropriate; and
3. The court may make any order which the court deems to be in
the best interest of the ward or the estate of the ward. The court
may also set for further hearing, with prior notice to be given as
provided in this section, any other matter which the court deems
should be considered in the best interest of the ward or the estate
of the ward. Subject to appeal or vacation within the time
permitted, an order entered after the hearing of an annual report
after notice adjudicates as to liabilities concerning the matters
considered in connection with said hearing.
H. At a hearing upon an annual report the court may appoint an
attorney to represent the ward who is an incapacitated or partially
incapacitated person, in the same manner and with the same
compensation as provided in this act for appointment of an attorney
for the subject of the proceeding following the filing of a petition
for appointment of a guardian or limited guardian of the person or
property of an alleged incapacitated or partially incapacitated
person. The appointment of such attorney shall cease:
1. Upon the entry by the court of an order pertaining to the
matters considered at such hearing, unless the court otherwise
directs, either in the order appointing such attorney or in the
order pertaining to the matters considered at such hearing;
2. Unless an appeal is taken from the order of the court
pertaining to the matters considered at such hearing, in which event
Oklahoma Statutes - Title 30. Guardian and Ward
such attorney shall continue to represent the ward until final
disposition of the appeal or as otherwise ordered by the court; or
3. Upon application of said attorney, the court may allow the
attorney to withdraw from the case and shall appoint another
attorney to represent the subject of the proceeding in any appeal
proceeding.
Added by Laws 1988, c. 329, § 86, eff. Dec. 1, 1988. Amended by
Laws 1990, c. 323, § 62, operative July 1, 1990; Laws 1991, c. 18, §
1, emerg. eff. March 29, 1991; Laws 1992, c. 274, § 1, eff. Sept. 1,
1992.
§30-4-308. Application for relief - Notice - Hearing - Order Appointment of counsel to represent ward - Joinder of separate
applications or objections - Evaluation of ward - Hearing without
notice.
A. After the appointment of a guardian, the ward, any person
interested in the welfare of the ward, or a guardian may make
application to the court for:
1. Termination of the guardianship;
2. Removal of the guardian;
3. Resolution of a dispute pertaining to the guardianship plan;
4. If the ward is an incapacitated or partially incapacitated
person, the imposition of additional restrictions upon the legal
capacity of the ward to act on his own behalf or the removal of one
or more existing restrictions; or
5. A review hearing.
B. Such application shall set forth:
1. The names and addresses of the individuals and entities
entitled to notice;
2. The relief requested; and
3. The alleged facts and reasons supporting the request.
C. Any person entitled to notice of the hearing on an
application filed pursuant to this section may object to the relief
requested in the application. If the ward is a minor, notice shall
be as provided by Section 2-101 of this title. If the ward is an
incapacitated or partially incapacitated person, notice shall be
given to those persons entitled to notice pursuant to paragraphs 1,
2, 3 and 7 of subsection A of Section 3-110 of this title and shall
be given as provided by Section 3-110 of this title and to the
attorney of the subject of the proceeding, if any, and if known to
the petitioner.
D. The court shall set an application filed pursuant to this
section for hearing on a date certain and shall cause notice to be
given to the persons entitled thereto by regular first-class mail at
least ten (10) days prior to such date. However, except for an
order terminating a guardianship, the court may enter an order
granting the relief requested in the application without notice if
Oklahoma Statutes - Title 30. Guardian and Ward
the court determines that such relief should be granted immediately.
In that event, the court may grant such relief on a temporary basis
and proceed to set the application for further hearing following the
giving of notice as provided by this subsection. At the hearing,
based upon the evidence adduced, the judge may continue, modify or
vacate his temporary order.
E. At the hearing held upon an application filed pursuant to
this section for which notice is required, the court may, based upon
the evidence adduced, enter an order granting or denying the relief
requested. At such hearing, the court also may make any other order
which the court deems to be in the best interests of the ward or the
estate of the ward. The court may also set for further hearing,
with prior notice to be given as provided in this section, any other
matter which the court deems should be considered in the best
interest of the ward or the estate of the ward.
F. With respect to any matter set for hearing pursuant to this
section, the court may appoint an attorney to represent at such
hearing a ward who is an incapacitated or partially incapacitated
person, in the same manner and with the same compensation as
provided in the Oklahoma Guardianship and Conservatorship Act for
appointment of an attorney for the subject of the proceeding
following the filing of a petition for appointment of a guardian or
limited guardian of the person or property of an alleged
incapacitated or partially incapacitated person. The appointment of
such attorney shall cease:
1. Upon the entry by the court of an order pertaining to the
matters considered at such hearing, unless the court otherwise
directs, either in the order appointing such attorney or in the
order pertaining to the matters considered at such hearing;
2. Unless an appeal is taken from the order of the court
pertaining to the matters considered at such hearing, in which event
such attorney shall continue to represent the ward until final
disposition or as otherwise ordered by the court; or
3. Upon application of said attorney, the court may allow the
attorney to withdraw from the case and shall appoint another
attorney to represent the subject of the proceeding in any appeal
proceeding.
G. After notice, the court may join the issues raised in
separate applications or separate objections for determination at a
single hearing, unless the court determines joinder would be
prejudicial to the interests of the ward.
H. As necessary and appropriate the court may order an
evaluation of the ward in connection with any guardianship
proceeding subsequent to the appointment of a guardian.
I. The court may hear an application other than with respect to
the matters set forth in subsection A of this section, with or
without notice as the court determines. If the court requires
Oklahoma Statutes - Title 30. Guardian and Ward
notice to be given, the court shall specify the persons to whom
notice shall be given and the manner and time in which such notice
shall be given.
Added by Laws 1988, c. 329, § 87, eff. Dec. 1, 1988. Amended by
Laws 1990, c. 323, § 63, operative July 1, 1990.
§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 onehalf 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.
§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.
§30-4-403. Compensation for attorneys, guardians ad litem and
persons conducting evaluations.
A. 1. An attorney, other than a public defender, for a ward or
a subject of a proceeding pursuant to the Oklahoma Guardianship and
Conservatorship Act or whose services are obtained by a guardian on
behalf of a ward is entitled to reasonable compensation to be paid
from and as a charge against the estate of the ward. Reasonable
compensation for attorney services rendered and expenses made on
behalf of the guardian of the ward incurred prior to the appointment
of the guardian may be paid from and charged against the estate of
the ward, as approved by the court prior to payment.
2. Guardians ad litem, other than an employee of a public
agency or an employee of a private agency which provides such
Oklahoma Statutes - Title 30. Guardian and Ward
service pursuant to a contract with a public agency, appointed
pursuant to the provisions of this act are entitled to reasonable
compensation.
3. A person conducting an evaluation of the subject of the
proceeding, whose services resulted in the appointment of a limited
guardian or guardian or other order beneficial to the subject of the
proceeding, is entitled to reasonable and necessary compensation.
B. 1. Compensation and reimbursements pursuant to this section
shall be paid from the financial resources of the subject of the
proceeding unless the court determines that such payment of
compensation and reimbursements would:
a.
substantially impede the partially incapacitated or
incapacitated person from meeting the essential
requirements for his physical health or safety, and
b.
substantially impair the financial resources of such
person, or substantially impede his ability to obtain
the services necessary for developing or regaining his
abilities to the maximum extent possible.
2. If not otherwise compensated or reimbursed pursuant to the
provisions of paragraph 1 of this subsection:
a.
any attorney or guardian ad litem appointed by the
court who is entitled to compensation shall be
compensated from the court fund of the court having
jurisdiction,
b.
the cost of services provided by a person conducting
an evaluation, when such person is the employee of a
public agency or the employee of a private agency
which provides such services for guardianship
proceedings pursuant to an agreement with a public
agency, shall be borne by the public agency, or by the
private agency in accordance with the terms of such
agreement, and
c.
if the person conducting an evaluation is a private
individual or agency and the cost of the services
provided is not otherwise compensable under a state or
federal public assistance program, compensation for
the cost of services shall be from the court fund of
the court having jurisdiction.
3. Compensation or reimbursement from the court fund for
attorneys and guardian ad litem pursuant to the provisions of this
subsection shall be in accordance with the provisions of Section
1304 of Title 20 of the Oklahoma Statutes.
C. All compensation and reimbursements pursuant to the
provisions of this section shall be approved by the court prior to
payment.
D. Contingent fees and contracts for recovery of property
agreed upon and approved by courts or the ranking official
Oklahoma Statutes - Title 30. Guardian and Ward
representing the Secretary of the Interior in Oklahoma, who has
supervision of any restricted Indian tribe in this state do not come
within the provisions of the Oklahoma Guardianship and
Conservatorship Act.
Added by Laws 1923-24, c. 84, p. 101, § 5. Amended by Laws 1988, c.
329, § 89, eff. Dec. 1, 1988. Renumbered from § 885 of Title 58 by
Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990,
c. 323, § 64, operative July 1, 1990; Laws 2000, c. 144, § 1, emerg.
eff. April 28, 2000.
§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.
§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.
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.
§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.
§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.
§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.
Oklahoma Statutes - Title 30. Guardian and Ward
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.
§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.
§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.
§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.
§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
Oklahoma Statutes - Title 30. Guardian and Ward
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.
§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.
§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.
§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
Oklahoma Statutes - Title 30. Guardian and Ward
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.
§30-4-703. Discharge and release.
The person making payment, delivery, transfer or issuance of
property or evidence thereof to the person designated by such court
under this section is discharged and released to the same extent as
if such payment, delivery, transfer or issuance was made to a
guardian of the minor or incapacitated or partially incapacitated
person, and he is not required to see to the application thereof. A
person making payment, delivery, transfer or issuance of property,
or evidence thereof, to a next friend or guardian ad litem may be
discharged and released as provided for in the Oklahoma Guardianship
and Conservatorship Act.
Added by Laws 1967, c. 51, § 3, emerg. eff. April 14, 1967. Amended
by Laws 1988, c. 329, § 94, eff. Dec. 1, 1988. Renumbered from
Title 58, § 898.3 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
Amended by Laws 1990, c. 323, § 67, operative July 1, 1990.
§30-4-704. Service upon guardian - Duty of guardian.
Whenever a minor or an incapacitated or partially incapacitated
person has a guardian of his estate residing in this state, personal
service upon the guardian of any process, notice, or order of the
court concerning the estate of the deceased person, in which the
ward is interested, is equivalent to service upon the ward. It is
the duty of the guardian to attend to the interests of the ward in
the matter. Such guardian may also appear for his ward, and waive
any process, notice, or order to show cause which an adult or a
person of sound mind might do.
R.L. 1910, § 6568. Amended by Laws 1988, c. 329, § 95, eff. Dec. 1,
1988. Renumbered from Title 58, § 810 by Laws 1988, c. 329, § 134,
eff. Dec. 1, 1988.
§30-4-705. Management of estate - Income applied for support of
ward - Sale of realty.
Every guardian must manage the estate of his ward frugally and
without waste, and apply the income and profits thereof, as far as
may be necessary, for the comfortable and suitable maintenance and
support of the ward, and his family, if there be any; and if such
income and profits be insufficient for that purpose, the guardian
may sell the real estate, upon obtaining an order of the district
court therefor, as provided, and must apply the proceeds of such
sale, as far as may be necessary, for the maintenance and support of
the ward and his family, if there be any.
Oklahoma Statutes - Title 30. Guardian and Ward
R.L. 1910, § 6544. Renumbered from Title 58, § 805 by Laws 1988, §
134, eff. Dec. 1, 1988.
§30-4-706. Maintenance and support of ward - Credit on settlement Payment of third person furnishing necessaries on guardian's
refusal.
When a guardian has advanced for the necessary maintenance,
support and education of his ward, an amount not disproportionate to
the value of the estate or condition of life of the ward and the
same is made to appear to the satisfaction of the court, by proper
supporting documents and proofs, the guardian must be allowed credit
therefor in his settlement. Whenever a guardian fails, neglects, or
refuses to furnish suitable and necessary maintenance, support or
education for his ward, the court may order the guardian to do so
and enforce such order by proper process. Whenever any third
person, at the request of the ward, supplies a ward with such
suitable and necessary maintenance, support or education which is
shown to have been done after refusal or neglect of the guardian to
supply the same, the court may direct the guardian to pay therefor
out of the estate of the ward, and may enforce such payment by due
process.
R.L. 1910, § 6545. Amended by Laws 1988, c. 329, § 96, eff. Dec. 1,
1988. Renumbered from Title 58, § 806 by Laws 1988, c. 329, § 134,
eff. Dec. 1, 1988.
§30-4-707. Execution of waivers or consents for wards.
The duly appointed and acting guardian, limited guardian,
conservator, attorney in fact, or any other person legally
authorized to act on behalf of any minor or incapacitated or
partially incapacitated heir, devisee or legatee may execute waivers
or consents for his ward as authorized by the court. There shall be
attached to each waiver or consent a certified copy of the
instrument authorizing him to perform such act.
Added by Laws 1980, c. 310, § 6, eff. Oct. 1, 1980. Amended by Laws
1988, c. 329, § 97, eff. Dec. 1, 1988. Renumbered from Title 58, §
859 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
§30-4-708. Investment of money and proceeds of sales.
The district court, on the application of a guardian or any
person interested in the estate of any ward, after such notice to
persons interested therein as the judge shall direct, may authorize
and require the guardian to invest the proceeds of sales, and any
other of his ward's money in his hands, in real estate, or in any
other manner most to the interest of all concerned therein; and the
district court may make such other orders and give such directions
as are needful for the management, investment and disposition of the
estate and effects, as circumstances require.
Oklahoma Statutes - Title 30. Guardian and Ward
R.L. 1910, § 6569. Renumbered from Title 58, § 811 by Laws 1988, c.
329, § 134, eff. Dec. 1, 1988.
§30-4-709. Investment of monies belonging to estates - Purchase of
homesteads for incapacitated or partially incapacitated persons.
A. Except as provided in subsection B of this section, the
money belonging to estates of minors and incapacitated or partially
incapacitated persons, subject to the jurisdiction of the court, can
only be invested in one or more of the following:
1. Real estate and first mortgages upon real property which do
not exceed fifty percent (50%) of the actual value of the property;
2. United States bonds, or any other type of security
certificate, or evidence of indebtedness which is guaranteed by the
United States government, or any authorized agency thereof;
3. State bonds;
4. Bonds of municipal corporations;
5. Annuities covered by the Oklahoma Life and Health Insurance
Guaranty Association, which do not exceed Three Hundred Thousand
Dollars ($300,000.00), individually; or
6. Accounts in savings and loan associations and credit unions
located in this state, and all types of interest-bearing time
deposits and certificates of banks, savings and loan associations,
and credit unions located in this state, not to exceed the amount
insured by the United States government.
B. When an individual guardian is investing the money belonging
to estates of minors or incapacitated or partially incapacitated
persons, subsection A of this section shall not apply, provided that
the guardian has contracted with a person who is a registered
investment advisor representative pursuant to the Oklahoma Uniform
Securities Act of 2004 and a certified Financial Planner
credentialed by the Certified Financial Planner Board of Standards,
and provided further that the court authorizes such investments.
C. Upon application to the court by the guardian of the estate
of the incapacitated or partially incapacitated person, showing to
the satisfaction of the court:
1. That the incapacitated or partially incapacitated person is
vitally in need of a home;
2. That the incapacitated or partially incapacitated person
owns no suitable homestead;
3. That the incapacitated or partially incapacitated person has
sufficient monthly, semi-annual, or annual fixed income to retire an
incurred indebtedness for the remaining unpaid cost of a homestead;
and
4. That it would be in the best interest of the incapacitated
or partially incapacitated person that a suitable homestead be
purchased on that basis.
Oklahoma Statutes - Title 30. Guardian and Ward
The court may enter an order authorizing the guardian to execute and
deliver a note and mortgage, under such tenor and terms as the court
will approve, for the purpose of securing payment of any remaining
cost of such a homestead. Any note and mortgage given by a guardian
under the provisions of this section shall, if authorized by the
court as provided for in this section, be endorsed "approved" by the
judge. When so authorized and endorsed, the note and mortgage shall
be a binding obligation against the ward and the estate of the ward
until fully paid. The ward, if subsequently restored to competency
to transact business, shall be held firmly bound by the note and
mortgage in the same manner and to the same extent as though the
ward had given the homestead purchase-money note and mortgage.
D. When an individual guardian enters into an agreement with a
bank or trust company, or when the guardian is a bank or trust
company qualified and acting under the supervision of the Banking
Board, or of the Comptroller of the Currency of the United States of
America, the guardian may, upon application to the court, invest
funds coming into its hands as guardian in any property, real,
personal or mixed, in which an individual may invest the
individual's own funds pursuant to the provisions of the Oklahoma
Uniform Prudent Investor Act, unless otherwise provided by law.
Added by Laws 1923-24, c. 84, p. 100, § 2. Amended by Laws 1955, p.
302, § 1; Laws 1968, c. 15, § 2, emerg. eff. Feb. 19, 1968; Laws
1975, c. 166, § 1, emerg. eff. May 20, 1975; Laws 1988, c. 329, §
98, eff. Dec. 1, 1988. Renumbered from § 882 of Title 58 by Laws
1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1995, c.
351, § 18, eff. Nov. 1, 1995; Laws 1996, c. 293, § 3, eff. Nov. 1,
1996; Laws 1999, c. 47, § 1, eff. Nov. 1, 1999; Laws 2017, c. 168, §
1, eff. Nov. 1, 2017.
NOTE: Laws 1985, c. 199, § 2 repealed by Laws 1988, c. 329, § 136,
eff. Dec. 1, 1988.
§30-4-710. Transfer of real or personal property – Protective
arrangements.
A. If a ward is the owner of any real or personal property that
is or may be deemed an available resource by the United States
Social Security Administration or by the applicable Medicaid rules
promulgated by the Oklahoma Health Care Authority or other state
agency, the guardian may petition the court for permission to
transfer or convey such property to a protective arrangement in
accordance with this section.
1. The guardian shall file a verified petition setting forth
what specific property is or may be deemed a resource by the federal
or state authority, including an affirmative statement that such
resource will or may affect the ward's receipt of public benefits
unless such resource is transferred to a protective arrangement. As
used in this section, "protective arrangement" includes, but is not
Oklahoma Statutes - Title 30. Guardian and Ward
limited to, any of the following transfers or conveyances of the
ward's resources:
a.
to a first-party Medicaid payback trust, also known as
a d4A trust,
b.
to a pooled trust approved by the Oklahoma Department
of Human Services, also known as a d4C trust,
c.
as permitted by the administrative rules promulgated
by the Oklahoma Health Care Authority, such as to a
spouse or qualified disabled child of the ward,
d.
to a sole benefit trust for the benefit of the spouse
or qualified disabled child of the ward,
e.
to a sole benefit trust for any qualified disabled
person,
f.
to a qualified disabled child or caregiving child of
the ward who qualifies pursuant to administrative
rules by providing caregiving services for the
required period of time, or
g.
to a qualified Achieving a Better Life Experience
(ABLE) account within or without the State of
Oklahoma.
2. The court shall set the petition for a hearing not less than
ten (10) days nor more than thirty (30) days from the date of
filing.
a.
Notice of the hearing shall be given to those persons
entitled to notice of the guardian's annual report
pursuant to Section 4-307 of Title 30 of the Oklahoma
Statutes. If the court has previously waived the
filing of the guardian's annual report, then notice
shall be given to those persons entitled to notice
pursuant to Section 3-110 of Title 30 of the Oklahoma
Statutes.
b.
If all persons entitled to notice have waived such
notice, no notice shall be given and the court shall
proceed without delay to hear the petition.
c.
At the hearing, the court shall hear testimony
regarding the public benefits that may be beneficial
to the ward or others and if and how the transfer or
conveyance of the ward's property to a protective
arrangement may allow the ward or others to receive
such public benefits.
B. If the court approves the petition and authorizes the
guardian to transfer or convey the ward's property that is or may be
deemed an available resource to a protective arrangement, such
transfer or conveyance shall not be considered a sale of the
property and shall not be subject to the provisions of Sections 4751 through 4-770 of Title 30 of the Oklahoma Statutes. Sections
380 through 512 of Title 58 of the Oklahoma Statutes shall not apply
Oklahoma Statutes - Title 30. Guardian and Ward
to any transfer or conveyance of the ward's assets to a protective
arrangement pursuant to this section.
C. If a bond was previously required by the court, the court
may continue the bond to include assets transferred or conveyed to a
protective arrangement, require a new bond in a lesser amount due to
the transfer of some or all of the ward's resources or waive the
requirement of a bond on the value of the transferred assets.
D. For the purposes of this section, a protective arrangement
shall not create, expand or otherwise modify any state or federally
authorized rules regarding exemption or transfer of assets or
resources for determination of Medicaid or Social Security
eligibility. Nor shall a court's order authorizing a protective
arrangement have any effect or impact on the protective
arrangement's consideration in the actual Medicaid eligibility
determination decision by the Oklahoma Department of Human Services,
Oklahoma Health Care Authority or other appropriate determining
agency. The primary purpose of this section is to authorize a
guardian to pursue on behalf of his or her ward those same steps
that any legally competent person could pursue to apply for or
retain Medicaid or Social Security benefits.
E. This section shall not infringe upon or void an existing
homestead lien of record that has been filed by the Oklahoma Health
Care Authority pursuant to Section 5051.3 of Title 63 of the
Oklahoma Statutes.
Added by Laws 2021, c. 27, § 1, eff. Nov. 1, 2021.
§30-4-751. Income insufficient for maintenance - Sale of property
necessary.
When the income of an estate under guardianship is not
sufficient to maintain the ward and his family, or to maintain and
educate the ward when a minor, his guardian may sell the real or
personal estate of the ward for that purpose, upon obtaining an
order therefor.
R.L. 1910, § 6553. Amended by Laws 1988, c. 329, § 99, eff. Dec. 1,
1988. Renumbered from Title 58, § 821 by Laws 1988, c. 329, § 134,
eff. Dec. 1, 1988.
§30-4-752. Sale of property for investment.
When it appears to the satisfaction of the court, upon the
petition of the guardian, that for the benefit of the ward or the
real or personal estate of the ward, or some part of said estate,
should be sold, and the proceeds thereof invested, the guardian may
sell the same for such purpose upon obtaining an order therefor.
R.L. 1910, § 6554. Amended by Laws 1988, c. 329, § 100, eff. Dec.
1, 1988. Renumbered from Title 58, § 822 by Laws 1988, c. 329, §
134, eff. Dec. 1, 1988.
Oklahoma Statutes - Title 30. Guardian and Ward
§30-4-753. Proceeds of sale - Investment - Maintenance of ward and
family.
If the property is sold for the purposes mentioned in Sections
4-751 and 4-752 of this title, the guardian must apply the proceeds
of the sale to such purposes, as far as necessary, and put out the
residue, if any, on interest, or invest it in the best manner in his
power as provided in the Oklahoma Guardianship and Conservatorship
Act, until the capital is needed for the maintenance of the ward and
his family, or the education of his children, or for the education
of the ward when a minor, in which case the capital may be used for
that purpose, as far as may be necessary, in like manner as if it
had been personal estate of the ward.
R.L. 1910, § 6555. Amended by Laws 1988, c. 329, § 101, eff. Dec.
1, 1988. Renumbered from Title 58, § 823 by Laws 1988, c. 329, §
134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 68,
operative July 1, 1990.
§30-4-754. Petition for sale - Verification.
To obtain an order for such sale, the guardian must present to
the court a verified petition therefor, setting forth the condition
of the estate of the ward and the facts and circumstances on which
the petition is founded.
R.L. 1910, § 6557. Amended by Laws 1988, c. 329, § 102, eff. Dec.
1, 1988. Renumbered from Title 58, § 825 by Laws 1988, c. 329, §
134, eff. Dec. 1, 1988.
§30-4-755. Hearing, notice and order.
If it appears to the court, from the petition, that it is
necessary or would be beneficial to the ward or the estate of the
ward that the real or personal estate, or some part of such estate,
should be sold, the court shall thereupon make an order directing
all persons entitled to notice pursuant to Section 2-101 of this
title for minors or Section 3-110 of this title for adults to appear
before the court, at a time and place therein specified in the order
and notice, not less than ten (10) nor more than thirty (30) days
from the time of making such order, unless notice is waived, as
provided in Section 4-756 of this title, to show cause why an order
should not be granted for the sale of such estate. If it appear
that it is necessary or would be beneficial to the ward to sell the
personal estate or some part of it, the court must order the sale to
be made.
R.L. 1910, § 6558. Amended by Laws 1953, p. 246, § 74; Laws 1988,
c. 329, § 103, eff. Dec. 1, 1988. Renumbered from Title 58, § 826
by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws
1990, c. 323, § 69, operative July 1, 1990.
§30-4-756.
Mailing or publication of order - Waiver of notice.
Oklahoma Statutes - Title 30. Guardian and Ward
The court shall cause copies of said order to be mailed to the
persons entitled to notice of the proceeding at least ten (10) days
before the hearing on the petition. If the mailing address of any
such person is unknown, a copy of the order must be published one
time in some newspaper in the county of the court having
jurisdiction over the case, and the hearing of said petition shall
not be less than ten (10) days from the date of the first
publication of such notice. If written consent to making the order
of sale is given by all persons entitled to notice, except the ward
if the ward has been adjudicated to be fully incapacitated, said
order of sale may be made at once without giving the notice.
R.L. 1910, § 6559. Amended by Laws 1927, c. 83, p. 127, § 1; Laws
1953, p. 246, § 75; Laws 1969, c. 302, § 28, eff. Jan. 1, 1970; Laws
1988, c. 329, § 104, eff. Dec. 1, 1988. Renumbered from Title 58, §
827 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws
1992, c. 395, § 3, eff. Sept. 1, 1992.
§30-4-757. Hearing upon order - Protests.
The court, at the time and place appointed in the order, or such
other time to which the hearing is postponed, upon proof of the
service or publication of the order, must hear the petition and
examine the proofs and allegations of the petitioner and any
objections made by persons entitled to notice of the proceeding.
R.L. 1910, § 6560. Amended by Laws 1988, c. 329, § 105, eff. Dec.
1, 1988. Renumbered from Title 58, § 828 by Laws 1988, c. 329, §
134, eff. Dec. 1, 1988.
§30-4-758. Partition of real estate - Assent to - Approval of
court.
The guardian may join in and assent to a partition of the real
estate of the ward with the written approval of the judge of the
district court, whenever such assent may be given by any person.
R.L. 1910, § 6546. Renumbered from Title 58, § 807 by Laws 1988, c.
329, § 134, eff. Dec. 1, 1988.
§30-4-759. Sale of oil, gas, mining leases.
Personal representatives including but not limited to guardians
of the property, guardians of minors or of incapacitated or
partially incapacitated persons are hereby authorized and empowered
to sell and execute oil and gas or other mining leases upon the
lands belonging to the estates of such deceased persons or of such
minors or incapacitated or partially incapacitated persons in
consideration of a royalty or part or portion of the production
thereof, and under the same procedure in the district court, as
provided by Sections 924 through 928 of Title 58 of the Oklahoma
Statutes, where such consideration is money.
Oklahoma Statutes - Title 30. Guardian and Ward
R.L. 1910, § 6547. Amended by Laws 1953, p. 246, § 73; Laws 1955,
p. 301, § 1; Laws 1988, c. 329, § 106, eff. Dec. 1, 1988.
Renumbered from Title 58, § 808 by Laws 1988, c. 329, § 134, eff.
Dec. 1, 1988.
§30-4-760. Testimony - Witnesses - Attendance and examination of.
At the hearing on the petition the guardian may be examined on
oath, witnesses may be produced and examined, and process to compel
the attendance and testimony of witnesses may be issued by the
court.
R.L. 1910, § 6561. Amended by Laws 1988, c. 329, § 107, eff. Dec.
1, 1988. Renumbered from Title 58, § 829 by Laws 1988, c. 329, §
134, eff. Dec. 1, 1988.
§30-4-761. Costs awarded prevailing party on hearing of objections
to order.
If any person entitled to notice of the proceeding enters an
objection to the requests made in the petition, the court may, in
granting or refusing the order requested by the petition, award
costs to the prevailing party, and enforce the payment thereof.
R.L. 1910, § 6562. Amended by Laws 1953, p. 247, § 76; Laws 1988,
c. 329, § 108, eff. Dec. 1, 1988. Renumbered from Title 58, § 830
by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
§30-4-762. Order for sale - Public or private sale.
If, after a full examination, it appears necessary or for the
benefit of the ward that the real or personal estate of the ward, or
some part thereof, should be sold, the court may grant an order
therefor, specifying therein the causes or reasons why the sale is
necessary or beneficial, and may, if the same has been prayed for in
the petition, order such sale to be made either at public or private
sale.
R.L. 1910, § 6563. Amended by Laws 1988, c. 329, § 109, eff. Dec.
1, 1988. Renumbered from Title 58, § 831 by Laws 1988, c. 329, §
134, eff. Dec. 1, 1988.
§30-4-763. Sale bond by guardian.
Every guardian authorized to sell real estate shall, before the
sale, give bond to the State of Oklahoma, with sufficient surety to
be approved by the court, with condition to sell the same in the
manner and to account for the proceeds of the sale as provided for
by the Oklahoma Guardianship and Conservatorship Act. The court may
order that such bond is not required if the court specifically finds
that the general bond, if any, of the guardian is of a sufficient
penal amount to provide for the proceeds of the sale in addition to
the property secured by said bond or upon a finding by the court
that:
Oklahoma Statutes - Title 30. Guardian and Ward
1. The anticipated annual income to a ward for one (1) year
plus the value of the personal property of the ward, after sale, is
less than Forty Thousand Dollars ($40,000.00); and
2. The guardian of the ward is either a parent, spouse,
brother, sister, grandparent, child or grandchild of the ward.
R.L. 1910, § 6564. Amended by Laws 1953, p. 247, § 77; Laws 1963,
c. 147, § 1; Laws 1987, c. 164, § 7, operative July 1, 1987; Laws
1988, c. 329, § 110, eff. Dec. 1, 1988. Renumbered from Title 58, §
832 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws
1989, c. 270, § 3, eff. Nov. 1, 1989; Laws 1990, c. 323, § 70,
operative July 1, 1990; Laws 1994, c. 234, § 7, eff. Sept. 1, 1994.
§30-4-764. Sales governed by same law as in estates of decedents.
Except as otherwise specifically provided by the Oklahoma
Guardianship and Conservatorship Act, all the proceedings pursuant
to petitions of guardians for sales of property of their wards,
giving notice and the hearing of such petitions, granting and
refusing an order of sale, directing the sale to be made at public
or private sale, reselling the same property, return of sale and
application for confirmation thereof, notice and hearing of such
application, making orders, rejecting or confirming sales and
reports of sales and ordering and making conveyances of property
sold shall be had and made as provided and required by the
provisions of law concerning the estates of decedents.
R.L. 1910, § 6565. Amended by Laws 1953, p. 247, § 78; Laws 1961,
p. 441, § 1; Laws 1988, c. 329, § 111, eff. Dec. 1, 1988.
Renumbered from Title 58, § 833 by Laws 1988, c. 329, § 134, eff.
Dec. 1, 1988. Amended by Laws 1990, c. 323, § 71, operative July 1,
1990.
§30-4-765. Order in force for one year only.
No order of sale granted pursuant to Sections 4-751 through 4770 of this title continues in force more than one (1) year after
granting the same, without a sale being had.
R.L. 1910, § 6566. Amended by Laws 1953, p. 247, § 79; Laws 1988,
c. 329, § 112, eff. Dec. 1, 1988. Renumbered from Title 58, § 834
by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws
1990, c. 323, § 72, operative July 1, 1990.
§30-4-766. Terms of sale - Security.
All sales of real estate of wards must be for cash, or for part
cash and part deferred payments not to exceed ten (10) years,
bearing interest from date of sale as, in the discretion of the
court, is most beneficial to the ward. A guardian making a sale of
real property shall demand and receive from the purchasers a note
and mortgage on the real estate sold, with such additional security,
Oklahoma Statutes - Title 30. Guardian and Ward
if any, as the court deems necessary and sufficient to secure the
faithful payment of the deferred payments and the interest thereon.
R.L. 1910, § 6567. Amended by Laws 1975, c. 11, § 1, eff. Oct. 1,
1975; Laws 1988, c. 329, § 113, eff. Dec. 1, 1988. Renumbered from
Title 58, § 835 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
§30-4-767. Limitation of action for recovery of estate sold Disability and removal thereof.
No action for the recovery of any estate sold by a guardian can
be maintained by the ward, or by any person claiming under him,
unless it is commenced within three (3) years immediately following
the termination of the guardianship or, when a legal disability to
sue exists by reason of minority or otherwise, at the time when the
cause of action accrues, within three (3) years immediately
following the removal of such disability.
R.L. 1910, § 6583. Amended by Laws 1988, c. 329, § 114, eff. Dec.
1, 1988. Renumbered from Title 58, § 836 by Laws 1988, c. 329, §
134, eff. Dec. 1, 1988.
§30-4-768. Exchange of property held by ward or wards in common Notice.
When it shall appear to the court to be to the advantage or best
interests of the ward, or wards, to exchange an interest in real
estate held by such ward or wards in common with another, or others,
for other real estate also held in common by such ward or wards with
another or others, to be owned solely by said ward or wards, after
such exchange, a guardian of the ward's estate may be authorized by
the court, after hearing and appraisement, to effectuate such
exchange and to give or accept cash in part consideration. The
provisions of Section 4-756 of this title governing the giving of
notice of hearing of a petition for an order to sell, and
appraisement, shall apply and govern an order authorizing an
exchange of real estate of a ward or wards by his guardian.
Added by Laws 1971, c. 300, § 1, emerg. eff. June 24, 1971. Amended
by Laws 1988, c. 329, § 115, eff. Dec. 1, 1988. Renumbered from
Title 58, § 837 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
Amended by Laws 1990, c. 323, § 73, operative July 1, 1990.
§30-4-769. Sale of perishable property - Report - Good faith
determination of perishability.
A. Notwithstanding any other provision contained in the
Oklahoma Guardianship and Conservatorship Act, a guardian or limited
guardian of the property of a ward may sell, at public auction or
private sale, without obtaining prior court authorization for sale,
without filing a return of sale, and without obtaining court
confirmation of sale, any personal property of the ward which is
perishable, is otherwise likely to depreciate in value, or would
Oklahoma Statutes - Title 30. Guardian and Ward
cause the estate of the ward to incur loss or expense if kept.
Title to such property shall pass to the purchaser thereof without
approval of or confirmation by the court of such sale.
B. With respect to a limited guardian of the property, this
section shall apply only to property of the ward which is subject to
such limited guardian's control pursuant to a dispositional order.
C. Any sale of property made by a guardian or limited guardian
of the property of a ward pursuant to this section shall be reported
in the accounting next filed by such guardian or limited guardian
after the making of the sale. If the court determines the property
sold was not perishable or was not otherwise likely to depreciate in
value and would not have caused the estate of the ward to incur loss
or expense if kept, the guardian or limited guardian who made such
sale shall not be surcharged or otherwise held liable with respect
to such sale if he made a reasonable determination in good faith
that the property sold was perishable, was otherwise likely to
depreciate in value, or would have caused the estate of the ward to
incur loss or expense if kept.
Added by Laws 1988, c. 329, § 116, eff. Dec. 1, 1988. Amended by
Laws 1990, c. 323, § 74, operative July 1, 1990.
§30-4-770. Former leases legalized.
All such leases and grants of mineral oil and gas heretofore
made and confirmed by the court, in consideration of a royalty, part
or portion of the production thereof, are hereby legalized.
R.L. 1910, § 6548. Amended by Laws 1988, c. 329, § 117, eff. Dec.
1, 1988. Renumbered from Title 58, § 809 by Laws 1988, c. 329, §
134, eff. Dec. 1, 1988.
§30-4-801. Removal of guardians.
A guardian may be removed by the district court for any of the
following causes:
1. For abuse of his fiduciary responsibility.
2. For continued failure to perform his duties.
3. For incapacity to perform his duties.
4. For gross immorality.
5. For having an interest adverse to the faithful performance
of his duties.
6. If the instrument in which the person was nominated as
guardian is judicially determined to be invalid.
7. In the case of guardian of the property, for insolvency.
8. When it is no longer proper that the ward should be under
guardianship.
R.L. 1910, § 3337. Amended by Laws 1988, c. 329, § 118, eff. Dec.
1, 1988. Renumbered from § 18 of this title by Laws 1988, c. 329, §
134, eff. Dec. 1, 1988.
Oklahoma Statutes - Title 30. Guardian and Ward
§30-4-802. Suspension of power of guardian - Marriage of
incapacitated or partially incapacitated person.
A. The power of a guardian is suspended only:
1. By order of the court;
2. If the appointment was made solely because of the ward's
minority, by his obtaining majority; or
3. The guardianship over the person only of a minor ward, by
the marriage of the ward.
B. Whenever a person who has been found by the court to be an
incapacitated or partially incapacitated person marries, the court
may, upon application of an interested person, hold a review hearing
to determine whether:
1. The guardianship should be terminated;
2. A successor guardian should be appointed;
3. The limitations on the ward, or the powers and duties of the
guardian; or
4. The guardianship should be continued unchanged.
R.L. 1910, § 3339. Amended by Laws 1988, c. 329, § 119, eff. Dec.
1, 1988. Renumbered from § 20 of this title by Laws 1988, c. 329, §
134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 75,
operative July 1, 1990.
§30-4-803. Termination of authority and responsibility of guardian
- Removal - Resignation - Final account - Notice and hearing.
A. The authority and responsibility of a guardian terminates
upon the death of the guardian, conservator, or the ward, the
determination of incapacity of the guardian or conservator, or upon
removal or resignation of the guardian or conservator. Termination
does not affect the liability of a guardian or conservator for prior
acts or the obligation to account for any funds and assets of the
ward under the control of the guardian or conservator. The
authority and responsibility of a guardian of a minor also
terminates upon the marriage or majority of the ward.
B. The court, after notice and hearing, may remove a guardian
or conservator for cause if the guardian or conservator has failed
for thirty (30) days, after he is required to do so, to render an
account or make a report, and compel him to surrender the estate of
the ward to the person found to be lawfully entitled thereto.
C. Every guardian or conservator may resign when it appears
proper to allow the same and upon the resignation or removal of a
guardian or conservator the court may appoint a successor guardian
or conservator in the place of the guardian or conservator who has
resigned or has been removed or make other appropriate orders
pursuant to the provisions of the Oklahoma Guardianship and
Conservatorship Act.
D. Upon termination of the disability of the ward or upon his
death, or upon the resignation or removal of the guardian or
Oklahoma Statutes - Title 30. Guardian and Ward
conservator, a guardian or conservator or the guardian's or
conservator's personal representative, or if the guardian or
conservator is incapacitated or deceased and there is no personal
representative, then some suitable person appointed by the court
shall file the guardian's or conservator's final account and request
for final compensation with the court within thirty (30) days after
such event.
1. The court shall set the final account for hearing on a date
not less than fifteen (15) days after the filing thereof. Notice of
such hearing shall be given at least ten (10) days prior to the date
set for hearing, by mailing a copy of the notice of hearing by
first-class mail:
a.
if the guardianship was established for a minor or a
minor's estate, to the persons entitled to notice
pursuant to Section 2-101 of this title if the ward is
still a minor, or to the ward only if the ward has
attained majority or has married, or if the ward is
deceased, to the persons entitled to notice pursuant
to Section 2-101 of this title and to the personal
representative of the ward's estate if such
representative has been appointed and the
representative's appointment is known to or
ascertainable by reasonably diligent efforts of the
person rendering the final account; or
b.
if the guardianship was established for an adult or an
adult's estate, or if the proceeding is a
conservatorship action, to those persons entitled to
notice pursuant to paragraph 1, unless the ward is
deceased, and paragraphs 2, 3 and 7 of subsection A of
Section 3-110 of this title and, if the ward is
deceased, to the personal representative of the ward's
estate if such representative has been appointed and
the representative's appointment is known to or
ascertainable by reasonably diligent efforts of the
person rendering the final account.
2. Any person to whom notice is given in accordance with this
subsection may appear at the hearing on the final account and file
his exceptions in writing to the final account and contest the same.
3. The settlement of the account and the allowance thereof by
the court shall be conclusive against all persons interested in the
estate of the ward, except as to persons subject to a legal
disability at the time the notice of hearing is given.
4. Upon approval of the final account, the guardian or
conservator and his sureties, if any, shall be discharged.
R.L. 1910, § 6578. Amended by Laws 1953, p. 248, § 83; Laws 1988,
c. 329, § 120, eff. Dec. 1, 1988. Renumbered from Title 58, § 875
Oklahoma Statutes - Title 30. Guardian and Ward
by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.
1992, c. 274, § 2, eff. Sept. 1, 1992.
Amended by Laws
§30-4-804. Termination of guardianship when unnecessary.
The guardian of an incapacitated or partially incapacitated
person or minor may be discharged by the court when it appears to
the court, on the application of the ward or otherwise, that the
guardianship is no longer necessary.
R.L. 1910, § 6579. Amended by Laws 1988, c. 329, § 121, eff. Dec.
1, 1988. Renumbered from Title 58, § 876 by Laws 1988, c. 329, §
134, eff. Dec. 1, 1988.
§30-4-805. Distribution of personal property of intestate ward.
When an adult ward shall die intestate leaving only personal
property and his total estate does not exceed Ten Thousand Dollars
($10,000.00), the guardian shall proceed to probate and distribute
his estate in the same manner as if he had been appointed personal
representative of such estate, and the surety or sureties on his
bond shall be responsible for his faithful administration and
distribution of such estate.
Added by Laws 1961, p. 441, § 1. Amended by Laws 1969, c. 121, § 1,
emerg. eff. April 3, 1969; Laws 1988, c. 329, § 122, eff. Dec. 1,
1988. Renumbered from Title 58, § 895 by Laws 1988, c. 329, § 134,
eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 76, operative
July 1, 1990.
§30-4-901. Civil liability of guardians or petitioners - Damages.
A. Any guardian who willfully violates the duties or willfully
misuses the powers assigned by the court and thereby causes injury
to the ward or damages to the financial resources of the ward shall,
in addition to any criminal penalties, be liable in a civil action
for any actual damages suffered by the ward. Nothing in this
subsection shall limit the authority of the court to surcharge a
guardian as otherwise provided by law.
B. Any person who willfully or maliciously files a false
petition or application pursuant to the provisions of this act or a
petition or application without a reasonable basis in fact for such
a petition pursuant to the provisions of the Oklahoma Guardianship
and Conservatorship Act shall be liable in a civil suit for any
actual damages suffered by the subject of the petition or
application.
Added by Laws 1988, c. 329, § 123, eff. Dec. 1, 1988. Amended by
Laws 1990, c. 323, § 77, operative July 1, 1990.
§30-4-902. Citation for concealment or embezzlement.
Upon complaint made to the court by any guardian, ward,
creditor, or other person interested in the estate, or having a
Oklahoma Statutes - Title 30. Guardian and Ward
prospective interest therein as heir or otherwise, against anyone
suspected of having concealed, or conveyed away any of the money,
goods or effects, or an instrument in writing, belonging to the ward
or to his estate, the court may require such suspected person to
appear before the court, and may examine and proceed with such
person on such charge in the manner provided by law with respect to
persons suspected of, and charged with, concealing or embezzling the
effects of a decedent.
R.L. 1910, § 6577. Amended by Laws 1988, c. 329, § 124, eff. Dec.
1, 1988. Renumbered from Title 58, § 892 by Laws 1988, c. 329, §
134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 78,
operative July 1, 1990.
§30-4-903. Reporting of abuse, neglect or exploitation - Violation
and penalty - Civil liability.
A. 1. Any person having reasonable cause to believe that an
incapacitated person, a partially incapacitated person, or a minor
is suffering from abuse, neglect, or exploitation shall make a
report to the Department of Human Services, the office of the
district attorney in the county in which the suspected abuse,
neglect, or exploitation occurred, or the local municipal police
department or sheriff's department as soon as such person is aware
of the situation.
2. With regard to minors, the use of ordinary force as a means
of discipline pursuant to Section 844 of Title 21 of the Oklahoma
Statutes shall not constitute abuse.
3. Reports regarding the abuse, neglect, or exploitation of an
incapacitated person, or a partially incapacitated person shall be
made and shall be governed by the provisions of the Protective
Services for Vulnerable Adults Act. Reports regarding the abuse,
neglect, or exploitation of a minor shall be made and shall be
governed by the Oklahoma Child Abuse Reporting and Prevention Act.
B. Any person who knowingly and willfully fails to promptly
report any abuse, neglect, or exploitation as required by the
provisions of subsection A of this section, upon conviction, shall
be guilty of a misdemeanor.
C. Any person participating in good faith and exercising due
care in the making of a report pursuant to the provisions of this
section shall have immunity from any civil or criminal liability
that might otherwise be incurred or imposed. Any such participant
shall have the same immunity with respect to participation in any
judicial proceeding resulting from such report.
D. Any person who willfully or recklessly makes a false report
or a report without a reasonable basis in fact for such a report
pursuant to the provisions of this section shall be civilly liable
for any actual damages suffered by the person or persons being
Oklahoma Statutes - Title 30. Guardian and Ward
reported and for any punitive damages set by the court or jury which
may be allowed in the discretion of the court or jury.
E. No employer shall terminate the employment, prevent or
impair the practice or occupation of, or impose any other sanction
on any employee solely for the reason that the employee made or
caused to be made a report or cooperated with an investigation
pursuant to the provisions of this section. A court, in addition to
other damages and remedies, may assess reasonable attorney fees
against an employer who has been found to have violated the
provisions of this subsection.
Added by Laws 1998, c. 298, § 2, eff. Nov. 1, 1998.
§30-4-904. Concealment or removal from jurisdiction of certain
persons.
Any individual who maliciously, forcibly or fraudulently takes
or entices away any incapacitated or partially incapacitated person,
or any other person over the age of sixteen (16) for whom a guardian
has been appointed, with intent to detain and conceal such person
from his or her guardian or who transports such person from the
jurisdiction of this state or the United States without consent of
the guardian or the court shall, upon conviction, be guilty of a
felony punishable by imprisonment not to exceed ten (10) years.
Added by Laws 2008, c. 176, § 1, eff. Nov. 1, 2008.
Source: official Oklahoma text · Last verified 2026-08-27
Frequently Asked Questions About Oklahoma § 30-4
What does Oklahoma Statutes § 30-4 cover?
Section 30-4 ("Renumbered as § 1-109 of this title by Laws 1988, c. 329, §") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
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Sources & Verification
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