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.

How do I cite Oklahoma § 30-4?

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Is this the official text of Oklahoma law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.

How does Oklahoma § 30-4 apply to my situation?

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Sources & Verification

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