Oklahoma § 30-1 - Renumbered as § 1-105 of this title by Laws 1988, c. 329, §

§ 30-1. Renumbered as § 1-105 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.

§30-1-101. Short title.

Sections 1-101 through 5-101 of this title shall be known and

may be cited as the "Oklahoma Guardianship and Conservatorship Act".

Added by Laws 1988, c. 329, § 1, eff. Dec. 1, 1988. Amended by Laws

1990, c. 323, § 1, operative July 1, 1990.

§30-1-102. Articles in Act.

The Oklahoma Guardianship and Conservatorship Act shall be

composed of the following articles:

Article I General provisions

Article II Minors

Article III Adults

Article IV Miscellaneous

Oklahoma Statutes - Title 30. Guardian and Ward

Added by Laws 1988, c. 329, § 2, eff. Dec. 1, 1988.

1990, c. 323, § 2, operative July 1, 1990.

Amended by Laws

§30-1-103. Purpose of Act - Legislative intent.

A. It is the purpose of the Oklahoma Guardianship Act to

promote the general welfare of all citizens by establishing a system

of general and limited guardianships for minors and for

incapacitated and partially incapacitated persons which provides for

the protection of their rights and the management of their financial

resources.

B. It is the purpose of the system of general and limited

guardianships for incapacitated and partially incapacitated persons

established by this act to provide for the participation of such

persons, as fully as possible, in the decisions which affect them.

It is the intent of the Oklahoma State Legislature:

1. That the court shall exercise the authority conferred by the

Oklahoma Guardianship Act so as to encourage the development of

maximum self-reliance and independence of the incapacitated or

partially incapacitated person and make appointive and other orders

only to the extent necessitated by the mental and adaptive

limitations or other condition of the incapacitated or partially

incapacitated person warranting the procedure;

2. That in performing their duties and exercising their powers,

guardians and limited guardians of incapacitated or partially

incapacitated persons shall:

a.

assure, to the extent reasonably possible, that the

rights of the wards for whom they are appointed are

protected;

b.

encourage, to the extent reasonably possible,

incapacitated or partially incapacitated persons to

participate to the maximum extent of their abilities

in all decisions which affect them and to act on their

own behalf on all matters in which they are able to do

so within the limitations imposed by the court; and

c.

as appropriate, assist their wards to develop or

regain to the maximum extent possible their capacity

to meet the essential requirements for their health or

safety, or to manage their financial resources or

both.

Added by Laws 1988, c. 329, § 3, eff. Dec. 1, 1988.

§30-1-104. Existing guardianships or conservatorships - Compliance

with Act - Court review of cases.

A. 1. Any guardianship or conservatorship in existence on or

created on or after December 1, 1990, shall comply with the

provisions of the Oklahoma Guardianship and Conservatorship Act.

Oklahoma Statutes - Title 30. Guardian and Ward

2. Unless otherwise modified or terminated, all guardianships

and conservatorships established prior to the effective date of the

Oklahoma Guardianship and Conservatorship Act shall remain in full

force and effect.

3. All guardians or conservators shall retain the powers

assigned to them, unless otherwise modified or terminated by the

court.

B. The Chief Judge of each district court shall establish a

schedule by court rule which shall provide for a court review by

December 1, 1991 of each guardianship and conservatorship case in

which a guardian or conservator was appointed after January 1, 1980.

Added by Laws 1988, c. 329, § 4, eff. Dec. 1, 1988. Amended by Laws

1990, c. 323, § 3, operative July 1, 1990.

§30-1-105. Guardian defined.

A guardian is a person appointed by the court to take care of

the person or property of another.

R.L. 1910, § 3321. Amended by Laws 1988, c. 329, § 5, eff. Dec. 1,

1988. Renumbered from § 1 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.

§30-1-106. Guardians ad litem excluded.

The term "guardian" includes persons appointed as general and

limited guardians of the person, general and limited guardians of

property, and special guardians, but does not include persons

appointed as guardians ad litem.

Added by Laws 1988, c. 329, § 6, eff. Dec. 1, 1988. Amended by Laws

1990, c. 323, § 4, operative July 1, 1990.

§30-1-107. Ward defined.

A person over whom a guardian is appointed and a person over

whose property a guardian or conservator is appointed is called a

ward.

R.L. 1910, § 3322. Amended by Laws 1988, c. 329, § 7, eff. Dec. 1,

1988. Renumbered from § 2 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.

§30-1-108. Guardians classified.

Guardians are either:

1. General;

2. Limited; or

3. Special.

R.L. 1910, § 3323. Amended by Laws 1988, c. 329, § 8, eff. Dec. 1,

1988. Renumbered from § 3 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 5,

operative July 1, 1990.

Oklahoma Statutes - Title 30. Guardian and Ward

§30-1-109. General guardian.

A. A general guardian is a guardian of the person or of all the

property of the ward within this state or of both such person and

property.

B. A limited guardian is a person authorized by the court to

exercise limited powers over the person of the ward, or over the

property of the ward within this state, or over both such person and

property.

R.L. 1910, § 3324. Amended by Laws 1988, c. 329, § 9, eff. Dec. 1,

1988. Renumbered from § 4 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 6,

operative July 1, 1990.

§30-1-110. Special guardian.

A special guardian may be appointed by the court pursuant to

Section 3-115 of this title.

R.L. 1910, § 3325. Amended by Laws 1988, c. 329, § 10, eff. Dec. 1,

1988. Renumbered from § 5 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 7,

operative July 1, 1990.

§30-1-111. Definitions.

A. As used in the Oklahoma Guardianship and Conservatorship

Act:

1. “Abuse” means the intentional infliction of physical pain,

injury, or mental anguish or the deprivation of food, clothing,

shelter or medical care to an incapacitated person, partially

incapacitated person, or a minor by a guardian or other person

responsible for providing these services;

2. “Confidential information” means medical records, physical,

psychological or other evaluations of a ward or subject of the

proceeding, initial and subsequent guardianship plans, reports of

guardians, limited guardians and conservators submitted to the court

in connection with a proceeding pursuant to the provisions of the

Oklahoma Guardianship and Conservatorship Act;

3. “Court” means a judge of the district court assigned to hear

probate matters or assigned to the division of the district court

designated to exercise probate jurisdiction;

4. “Estate” means the property of the person whose affairs are

subject to a guardianship proceeding;

5. “Evaluation” means a professional assessment of:

a.

the ability of an adult to receive and evaluate

information effectively or communicate decisions,

b.

the impact of any impairment of these skills on the

capacity of the individual to meet the essential

requirements for the individual’s physical health or

Oklahoma Statutes - Title 30. Guardian and Ward

safety, or to manage the individual’s financial

resources, and

c.

the services necessary to provide for the ward;

6. “Exploitation” means an unjust or improper use of the

resources of an incapacitated person, a partially incapacitated

person or a minor for the profit or advantage, pecuniary or

otherwise, of a person other than an incapacitated person, a

partially incapacitated person or a minor through the use of undue

influence, coercion, harassment, duress, deception, false

representation or false pretense;

7. A “guardian of an incapacitated person” means a person who

has been appointed by a court to serve as the guardian of an

incapacitated person to assure that the essential requirements for

the health and safety of the person are met, to manage the estate or

financial resources of the person, or both;

8. “Guardian ad litem” means, with respect to a guardianship

proceeding, a person appointed by the court to assist the subject of

the proceeding in making decisions with regard to the guardianship

proceeding, or to make the decisions when the subject of the

proceeding is wholly incapable of making the decisions even with

assistance;

9. “Guardianship plan” means the plan for the care and

treatment of a ward, the plan for the management of the financial

resources of a ward, or both;

10. “Guardianship proceeding” means a proceeding for the

appointment of a guardian, or for other orders regarding the

condition, care or treatment or for the management of the financial

resources of a ward;

11. “Guardianship report” means any report required by the

provisions of Sections 4-305 and 4-306 of this title;

12. “Incapacitated person” means a person eighteen (18) years

of age or older:

a.

who is impaired by reason of:

(1) mental illness as defined by Section 1-103 of

Title 43A of the Oklahoma Statutes,

(2) intellectual or developmental disability as

defined by Section 1430.2 of Title 10 of the

Oklahoma Statutes,

(3) physical illness or disability,

(4) drug or alcohol dependency as defined by Section

3-403 of Title 43A of the Oklahoma Statutes, or

(5) such other similar cause, and

b.

whose ability to receive and evaluate information

effectively or to make and to communicate responsible

decisions is impaired to such an extent that the

person:

Oklahoma Statutes - Title 30. Guardian and Ward

(1)

lacks the capacity to meet essential requirements

for physical health or safety, or

(2) is unable to manage financial resources.

Whenever in the Oklahoma Statutes the term “incompetent person”

appears and refers to a person who has been found by a district

court to be an incompetent person because of an impairment or

condition described in this paragraph it shall have the same meaning

as “incapacitated person” but shall not include a person who is a

partially incapacitated person;

13. “Least restrictive alternative” means an approach to

meeting the needs of an individual that restricts fewer rights of

the individual than would the appointment of a guardian or

conservator including, but not limited to, supported decision

making, appropriate technological assistance, appointment of a

representative payee and appointment of an agent by the individual

including under a power of attorney for health care or finances;

14. “Intangible personal property” means cash, stocks and

bonds, mutual funds, money market accounts, certificates of deposit,

insurance contracts, commodity accounts, and other assets of a

similar nature;

15. “Letters” means a document issued by the court subsequent

to the appointment of a guardian which designates the name of the

guardian and specifies the authority and powers of the guardian.

Such document shall be endorsed thereon with the oath of the

guardian that he or she will perform the duties of his or her office

as guardian according to law;

16. A “limited guardian” means a person appointed by the court

to serve as the guardian of a partially incapacitated person and who

is authorized by the court to exercise only:

a.

some of the powers of a guardian of the person or

whose power as guardian of the person extends only to

certain matters pertaining to the care or control of

the ward as specified by the court, or

b.

certain powers as guardian of the property over the

estate or financial resources of the ward, or whose

powers as guardian of the property extend only to some

portion of the estate or financial resources of the

ward;

17. “Manage financial resources” or “manage the estate” means

those actions necessary to obtain, administer and dispose of real

property, business property, benefits and income, and to otherwise

manage personal financial or business affairs;

18. “Meet the essential requirements for physical health or

safety” means those actions necessary to provide the health care,

food, shelter, clothing, personal hygiene and other care without

which serious physical injury is more likely than not to occur;

19. “Minor” means a person under eighteen (18) years of age;

Oklahoma Statutes - Title 30. Guardian and Ward

20. “Neglect” means the failure to provide protection for an

incapacitated person, a partially incapacitated person or a minor

who is unable to protect the person’s own interest; or the failure

to provide adequate shelter or clothing; or the harming or

threatening with harm through action or inaction by either another

individual or through the person’s own action or inaction because of

a lack of awareness, incompetence or incapacity, which has resulted

or may result in physical or mental injury;

21. “Organization” means a corporation, trust, business trust,

partnership, association or other legal entity;

22. “Partially incapacitated person” means an incapacitated

person whose impairment is only to the extent that without the

assistance of a limited guardian the person is unable to:

a.

meet the essential requirements for physical health or

safety, or

b.

manage all of the person’s financial resources or to

engage in all of the activities necessary for the

effective management of the person’s financial

resources.

A finding that an individual is a partially incapacitated person

shall not constitute a finding of legal incompetence. A partially

incapacitated person shall be legally competent in all areas other

than the area or areas specified by the court in its dispositional

or subsequent orders. Such person shall retain all legal rights and

abilities other than those expressly limited or curtailed in the

orders;

23. “Party” means the person or entity filing a petition,

application, motion, acceptance of a testamentary nomination or

objection; the subject of a guardianship proceeding; and the

guardian, the guardian ad litem and the conservator, if any such

persons have been appointed;

24. “Person” means an individual;

25. “Property” means real property, personal property, income,

any interest in such real or personal property and includes anything

that may be the subject of ownership;

26. “Restrictions on the legal capacity of a person to act in

the person’s own behalf” means powers of an incapacitated or

partially incapacitated person which are assigned to a guardian;

27. “Subject of the proceeding” means a minor or an adult:

a.

who is the subject of a petition requesting the

appointment of a guardian, limited guardian or special

guardian,

b.

for whom a guardian or limited guardian has been

appointed by the court, or

c.

an adult for whom a conservator is requested or

appointed;

Oklahoma Statutes - Title 30. Guardian and Ward

28. “Supported decision making” means assistance from one or

more persons chosen by an individual in understanding the nature and

consequences of potential personal and financial decisions to enable

the individual to make such decisions, and in communicating such

decisions if consistent with the wishes of the individual; and

29. “Surcharge” means the imposition of personal liability by a

court on a guardian or limited guardian for willful or negligent

misconduct in the administration of the estate or other financial

resources of a ward.

B. 1. Nothing in this section shall be construed to mean an

incapacitated person, a partially incapacitated person or a minor is

abused or neglected for the sole reason that a guardian or other

person responsible, in good faith, selects and depends upon

spiritual means alone through prayer, in accordance with the tenets

and practices of a recognized church or religious denomination, for

the treatment or cure of disease or remedial care of the person or

minor in their trust, and, in the case of an adult, in accordance

with the practices of or the express consent of the incapacitated or

partially incapacitated person.

2. Nothing contained in this subsection shall prevent a court

from immediately assuming custody of a minor, pursuant to the

Oklahoma Children’s Code, and ordering whatever action may be

necessary including medical treatment, to protect the minor’s health

or welfare.

Added by Laws 1988, c. 329, § 11, eff. Dec. 1, 1988. Amended by

Laws 1990, c. 323, § 8, operative July 1, 1990; Laws 1998, c. 298, §

1, eff. Nov. 1, 1998; Laws 2019, c. 475, § 28, eff. Nov. 1, 2019;

Laws 2021, c. 133, § 1, eff. Nov. 1, 2021.

§30-1-112. Persons and property subject to act - Power of

appointment - Parental rights.

A. Except as otherwise specifically provided by law, the

Oklahoma Guardianship and Conservatorship Act applies to:

1. Minors in this state. Guardianships for minors established

pursuant to Section 3 of this act shall only be subject to

provisions of the Oklahoma Guardianship and Conservatorship Act as

provided in subsection B of this section;

2. Incapacitated and partially incapacitated persons in this

state; and

3. Property located in this state of nondomiciliaries who are

minors or incapacitated or partially incapacitated persons, or

property coming into the control of a guardian who is subject to the

laws of this state.

B. Guardianships, subject to Section 3 of this act, shall be

subject to Article 1 of the Oklahoma Guardianship and

Conservatorship Act and Sections 4-501, 4-503, 4-706, 4-707, 4-801,

4-802, 4-901 and 4-902 of Title 30 of the Oklahoma Statutes.

Oklahoma Statutes - Title 30. Guardian and Ward

C. No person, whether a parent or otherwise, has any power as a

guardian, except by appointment by a court. The provisions of the

Oklahoma Guardianship and Conservatorship Act shall not be construed

to limit the parental rights of parents as the natural guardians of

their children.

R.L. 1910, § 3327. Amended by Laws 1988, c. 329, § 12, eff. Dec. 1,

1988. Renumbered from § 7 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 9,

operative July 1, 1990; Laws 2000, c. 385, § 13, eff. Nov. 1, 2000.

§30-1-113. Appointment of guardian - Jurisdiction.

A. A guardian of the person or property, or both, of a person

residing in this state, who is a minor, or an incapacitated or

partially incapacitated person, may be appointed in all cases by the

court as provided in this title.

B. After the service of notice in a proceeding seeking the

appointment of a guardian or other order, in subsequent proceedings

pertaining to the guardianship of a ward and until termination of

the proceeding, the court in which the petition is filed has

exclusive jurisdiction to determine:

1. The need for a guardian or other order; and

2. How the estate of the ward shall be managed, expended, or

distributed to or for the use of the ward or the dependents of the

ward.

R.L. 1910, § 3328. Amended by Laws 1988, c. 329, § 13, eff. Dec. 1,

1988. Renumbered from § 8 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 10,

operative July 1, 1990.

§30-1-114. Powers of court.

A. In all cases the court making the appointment of a guardian

has exclusive jurisdiction to control such guardian in the

management and disposition of the person and property of the ward.

B. The court has jurisdiction over guardianship proceedings,

and has the following powers, which must be exercised in the manner

prescribed by statute, to:

1. Appoint and remove guardians for minors and for

incapacitated and partially incapacitated persons;

2. Issue and revoke letters of guardianship;

3. Control the conduct of guardians with regard to the care and

treatment provided to their wards;

4. Control the conduct of guardians with regard to the

management of the financial resources of their wards, including but

not limited to the power to:

a.

compel guardians to submit plans, reports, inventories

and accountings to the court,

Oklahoma Statutes - Title 30. Guardian and Ward

b.

compel payment and delivery by guardians of property

belonging to their wards,

c.

order the payment of debts, the sale of property, and

order and regulate the distribution of property which

has been placed under the control or management of a

guardian, and

d.

settle the accounts of guardians;

5. Appoint appraisers of the property of wards;

6. Compel the attendance of witnesses and the production of

documents and property;

7. After a petition has been filed for appointment of a

guardian for a minor, make or modify any temporary order of

guardianship during the progress of the proceedings that would be in

the best interest of the ward. Any such temporary order may be

entered ex parte with written notice sent to all parties directing

them to appear before the court, at a time and place therein

specified, not more than twenty (20) days from the time of making

such order, to show cause why the order should not be granted for

temporary guardianship; and

8. Exercise all powers conferred by the Oklahoma Guardianship

and Conservatorship Act, Section 1-101 et seq. of this title, and to

make such orders as may be necessary for the exercise of said

powers.

C. The chief judge of each district court shall establish by

court rule a system for:

1. The filing of guardianship and conservatorship cases and

records which distinguish them from probate cases; and

2. Monitoring the filing of annual reports and inventories

required by this title for the purpose of assuring that the court

will be notified of annual reports as they fall due and whether or

not said reports are filed.

R.L. 1910, § 3330. Amended by Laws 1988, c. 329, § 14, eff. Dec. 1,

1988. Renumbered from § 10 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 11,

operative July 1, 1990; Laws 1992, c. 115, § 1, eff. Sept. 1, 1992.

§30-1-115. Venue - Priorities of jurisdiction - Transfer Consolidation.

A. The venue for a guardianship proceeding is in:

1. The district court of the county where the minor or the

incapacitated or partially incapacitated person resides;

2. The district court of the county where the proposed guardian

resides if the proposed guardian is a member of the minor's or

incapacitated person's family; or

3. The district court of the county to which the cause is

transferred by a judge of the court in which the petition was filed

or the cause is pending. Provided, venue to appoint the guardian of

Oklahoma Statutes - Title 30. Guardian and Ward

a nonresident minor or incapacitated person shall be in a county

where the nonresident has property.

B. If a proceeding pursuant to the provisions of the Oklahoma

Guardianship and Conservatorship Act could be maintained in more

than one place in this state, the court in which the proceeding is

first commenced has the exclusive right to exercise jurisdiction

over the proceeding and proceed with the action. A court shall not

exercise jurisdiction over a proceeding for guardianship of a minor

pursuant to this title if, at the time the petition for guardianship

is filed, another court of this state is exercising jurisdiction

pursuant to Section 1-4-101 of Title 10A of the Oklahoma Statutes,

unless after notice to the parties in the deprived action, the

written consent of such court is obtained and filed in the

guardianship proceeding.

1. If proceedings concerning the same estate, minor, alleged

incapacitated or partially incapacitated person, or ward are

commenced in more than one court of this state, the court in which a

proceeding was first commenced shall continue to hear the matter and

determine venue. If the court where the proceeding was first filed

determines that venue is properly in another court, it shall

transfer the proceeding to the other court.

2. If the court finds that in the interest of justice a

proceeding should be conducted in another court of this state, the

court may transfer the proceeding to the other court.

C. If both guardianship and conservatorship proceedings as to

the same person are commenced or pending in the same court, the

proceedings may be consolidated.

Added by Laws 1988, c. 329, § 15, eff. Dec. 1, 1988. Amended by

Laws 1990, c. 323, § 12, operative July 1, 1990; Laws 2005, c. 69, §

3, eff. Nov. 1, 2005; Laws 2009, c. 234, § 134, emerg. eff. May 21,

2009.

NOTE: Laws 1990, c. 51, § 20 repealed by Laws 1991, c. 335, § 36,

emerg. eff. June 15, 1991.

§30-1-116. Place of hearing - Order and decree.

A. The power conferred upon the court in relation to guardians

and wards may be exercised in chambers or elsewhere in the

discretion of the judge. Any hearing held pursuant to the

provisions of this act may be held at such place as the court

directs.

B. Any order appointing a guardian must be entered as and

become a decree of the court.

C. Except as otherwise specifically provided by this act, the

provisions of Title 58 of the Oklahoma Statutes relative to the

estates of decedents, so far as they relate to the practice in the

courts, apply to proceedings under this title. The rules of civil

procedure including the rules concerning discovery, vacation of

Oklahoma Statutes - Title 30. Guardian and Ward

orders and appellate review, govern proceedings subject to the

Oklahoma Guardianship and Conservatorship Act unless otherwise

provided in this title or Title 58 of the Oklahoma Statutes.

R.L. 1910, § 6585. Amended by Laws 1953, p. 249, § 87; Laws 1988,

c. 329, § 16, eff. Dec. 1, 1988. Renumbered from Title 58, § 893 by

Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990,

c. 323, § 13, operative July 1, 1990.

§30-1-117. Guardians ad litem - Power to appoint - Appointment.

A. Nothing contained in this title affects or impairs the power

of any court to appoint a guardian ad litem to defend the interests

of any minor interested in any suit or matter pending therein.

B. At any point in a guardianship proceeding, the subject of

the proceeding, his attorney, the guardian of the subject of the

proceeding or anyone interested in the welfare of the subject of the

proceeding may file an application to have a guardian ad litem

appointed by the court, or the court on its own motion may appoint a

guardian ad litem. If not precluded by a conflict of interest, a

guardian ad litem may be appointed to represent several persons or

interests.

R.L. 1910, § 6537. Amended by Laws 1953, p. 249, § 86; Laws 1988,

c. 329, § 17, eff. Dec. 1, 1988. Renumbered from Title 58, § 891 by

Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990,

c. 323, § 14, operative July 1, 1990.

§30-1-118. Guardian of nonresident.

A guardian of the property, within this state, of a person not

residing therein, who is a minor, or an incapacitated or partially

incapacitated person, may be appointed by the court as provided by

this title.

R.L. 1910, § 3329. Amended by Laws 1988, c. 329, § 18, eff. Dec. 1,

1988. Renumbered from § 9 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 15,

operative July 1, 1990.

§30-1-119. Powers of guardian.

A guardian has only those powers over the person or the property

of the ward, or both such person and property, as ordered by the

court pursuant to this title.

R.L. 1910, § 3333. Amended by Laws 1988, c. 329, § 19, eff. Dec. 1,

1988. Renumbered from § 14 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 16,

operative July 1, 1990.

§30-1-120. Power of guardian of the person - Report of change of

ward's abode - Power of limited guardians.

Oklahoma Statutes - Title 30. Guardian and Ward

A. A guardian, including a special guardian, of the person is

charged with the custody of the ward, and must look to the support,

health and education of the ward. Except as provided by Section 3113 of this title, he may fix the place of abode of the ward at any

place within the county, but not elsewhere, without permission of

the court and any change in the place of abode of a ward within the

county shall be reported to the court.

B. Limited guardians of partially incapacitated persons shall

not have custody of the person of the ward and shall have only those

powers or controls over the person of the ward specifically ordered

in a dispositional order or other order of the court.

R.L. 1910, § 3334. Amended by Laws 1988, c. 329, § 20, eff. Dec. 1,

1988. Renumbered from § 15 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 17,

operative July 1, 1990.

§30-1-121. Guardian of the property - Power - Fiduciary duty.

A. A guardian of the property must keep safely the property of

his ward. He must not permit any unnecessary waste or destruction

of the real property, nor make any sale of such property without the

order of the court, but must so far as it is in his power, maintain

the same, with its buildings and appurtenances, out of the income or

other property of the estate, and deliver it to the ward or the

successors of the ward at the close of his guardianship, in as good

condition as he received it.

B. A guardian of the property, in relation to powers conferred

pursuant to the provisions of the Oklahoma Guardianship and

Conservatorship Act, shall act as a fiduciary and shall perform,

diligently and in good faith, as a prudent person would in managing

his own property, not with regard to speculation but with regard to

conservation and growth, and the specific duties and powers assigned

by the court.

R.L. 1910, § 3335. Amended by Laws 1988, c. 329, § 21, eff. Dec. 1,

1988. Renumbered from § 16 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 18,

operative July 1, 1990.

§30-1-122. Confidential information filed with court.

A. Confidential information filed with or submitted to the

court in conjunction with any proceeding pursuant to the Oklahoma

Guardianship and Conservatorship Act, shall not constitute a public

record and shall be sealed by the court. Access to confidential

information shall be strictly controlled. Except upon court order,

no confidential information shall be disclosed to persons other

than:

1. The subject of the proceeding and the subject’s attorney;

2. The guardian ad litem;

Oklahoma Statutes - Title 30. Guardian and Ward

3. If the subject of the confidential information is a ward,

the guardian or conservator of such ward;

4. If the subject of the confidential information is the

guardian or conservator, the ward and the subject’s attorney, and

the attorney of such guardian or conservator;

5. Abstractors licensed pursuant to the Oklahoma Abstractors

Law, for the purpose of having access to records regarding minors

and determinations of persons as incapacitated or partially

incapacitated persons pursuant to the Oklahoma Guardianship Act.

Abstractors shall maintain the confidentiality of this data, except

for such parts as are relevant to the land title being researched;

6. An authorized representative of the United States Department

of Veterans Affairs upon presentation of proper identification;

7. An authorized representative of the Department of Human

Services upon presentation of proper identification; and

8. An authorized representative of the State Department of

Health including, but not limited to, an authorized representative

of the Office of Client Advocacy, upon presentation of proper

identification.

B. The fact of the existence of a guardianship or

conservatorship of a person or that person’s estate shall not be

considered confidential information.

Added by Laws 1988, c. 329, § 22, eff. Dec. 1, 1988. Amended by

Laws 1989, c. 12, § 1, emerg. eff. March 27, 1989; Laws 1990, c.

323, § 79, operative July 1, 1990; Laws 1991, c. 18, § 2, emerg.

eff. March 29, 1991; Laws 1992, c. 395, § 1, eff. Sept. 1, 1992;

Laws 1999, c. 214, § 1, eff. Nov. 1, 1999; Laws 2025, c. 215, § 3,

emerg. eff. May 13, 2025.

§30-1-123. Letters of guardianship.

Letters of guardianship are evidence of the transfer of the

management or administration of all assets, or the part thereof

specified in the letters, of a ward to the guardian. An order

terminating a guardianship is evidence of transfer of the management

or administration of all assets subject to the guardianship from the

guardian to the ward, or to successors of the ward.

Added by Laws 1988, c. 329, § 23, eff. Dec. 1, 1988.

§30-1-124. Guardianship and conservatorship handbook and duties

summary.

The Oklahoma Bar Association shall prepare a guardianship and

conservatorship handbook for distribution by the Administrative

Office of the Courts to the district courts by providing a link to

the handbook on the Oklahoma State Courts Network (OSCN) website.

The handbook shall be written in clear, simple language and shall

include information about the laws and procedures which apply to

adult guardianships and conservatorships and the duties and

Oklahoma Statutes - Title 30. Guardian and Ward

responsibilities of such guardians and conservators. The handbook

shall include a summary of the duties of guardians and conservators

including, but not limited to, statutory notices, timetables, and

required court approvals. The summary shall emphasize the

significance of timely accountability to the court and to the ward

as well as the sanctions and penalties which may be imposed for

failure to comply with the requirements of the law or orders of the

court.

Added by Laws 1988, c. 329, § 24, eff. Dec. 1, 1988. Amended by

Laws 1994, c. 234, § 3, eff. Sept. 1, 1994; Laws 2019, c. 417, § 2,

eff. Nov. 1, 2019.

§30-1-125. Computation of time.

The time within which an act is to be done, as provided for in

Title 30 of the Oklahoma Statutes, shall be computed by excluding

the first day and including the last day. If the last day is a

legal holiday as defined by Section 82.1 of Title 25 of the Oklahoma

Statutes, it shall be excluded. The provisions of this section are

hereby declared to be a clarification of the law as it existed prior

to the effective date of this act and shall not be considered or

construed to be a change of the law as it existed prior to the

effective date of this act. Any action or proceeding arising under

Title 30 of the Oklahoma Statutes prior to the effective date of

this act for which a determination of the period of time prescribed

by this section is in question or has been in question due to the

enactment of Section 20, Chapter 293, O.S.L. 1999, shall be governed

by the method for computation of time as prescribed by this section.

Added by Laws 2000, c. 260, § 2, emerg. eff. June 1, 2000.