Oklahoma § 72-194 - Requirements for subject and guardian

§ 72-194. Requirements for subject and guardian

A. The subject of the proceeding in a guardianship established

pursuant to the Veterans Volunteer Guardianship Act shall:

1. Meet the requirements of "veteran" pursuant to Section 2 of

Title 72 of the Oklahoma Statutes;

2. Be a resident of this state; and

3. Be in receipt of a veteran's disability compensation or

pension from the United States Department of Veterans Affairs

pursuant to Title 38 of the Code of Federal Regulations or in

receipt of benefits under the Supplemental Nutrition Assistance

Program.

B. The current or prospective guardian in a guardianship

established pursuant to the Veterans Volunteer Guardianship Act

shall:

1. Be an individual;

2. Be a resident of this state;

3. Not be related by blood, adoption or marriage to the subject

of the proceeding within the third degree of affinity or

consanguinity;

4. Not be considered ineligible or barred from serving as a

fiduciary for a veterans affairs beneficiary under Section 13.130 of

Title 38 of the Code of Federal Regulations; provided, that any

guardian appointed under the Veterans Volunteer Guardianship Act

that is subsequently denied appointment as a fiduciary shall provide

notification to the court within thirty (30) days of receipt of

notice of the denial;

5. Serve on a volunteer basis and waive compensation for

services as a guardian; provided, the guardian may receive

reimbursement of expenses incurred on behalf of the subject of the

proceeding that are authorized by court order and subject to the

limitations imposed by the court; and

6. Be availed of any benefits and subject to any additional

requirements promulgated by rules or policy of the Oklahoma

Department of Veteran Affairs, as the Department deems beneficial to

Oklahoma Statutes - Title 72. Soldiers and Sailors

the recruitment of community volunteer guardians and protection of

the interest of the wards, including but not limited to background

checks.

C. Nothing in this section shall be construed to prevent a

guardian or prospective guardian from receiving compensation for

services as a fiduciary appointed by the United States Department of

Veterans Affairs or as a court-ordered guardian that is otherwise

authorized under Title 30 of the Oklahoma Statutes and does not cite

authority or request benefits from the provisions of the Veterans

Volunteer Guardianship Act.

D. Nothing in this section shall entitle a guardian of the

property of a veteran to payments on behalf of the subject of the

proceeding for veteran's benefits unless the guardian has made

application to the United States Department of Veterans Affairs for

appointment as a fiduciary as required by federal law.

Added by Laws 2019, c. 23, § 4, emerg. eff. April 4, 2019.