Oklahoma § 30-6 - Renumbered as § 2-102 of this title by Laws 1988, c. 329, §

§ 30-6. Renumbered as § 2-102 of this title by Laws 1988, c. 329, §

134, eff. Dec. 1, 1988.

§30-6-101. Short title – Purpose – Office of Public Guardian –

Powers and duties.

A. 1. This section and Section 4 of this act shall be known

and may be cited as the “Oklahoma Public Guardianship Act”.

2. The purpose of the Oklahoma Public Guardianship Act is to,

within the budgetary limits specified by the Oklahoma Public

Guardianship Act:

a.

furnish guardianship services, and information

regarding less restrictive alternatives, to all

Oklahomans who need them,

b.

provide assistance to guardians throughout the state

in securing necessary services for their wards,

including, but not limited to, removing a guardian or

limited guardian, and

Oklahoma Statutes - Title 30. Guardian and Ward

c.

provide assistance to courts, attorneys, and proposed

guardians or limited guardians in the handling of

guardianship proceedings.

3. There is hereby created the Office of Public Guardian within

the Department of Human Services. Until the expansion of the pilot

program established by Section 4 of this act becomes statewide and

rules are promulgated by the Commission for Human Services, the

Office of Public Guardian, subject to the availability of funds,

shall be a source of information and assistance on guardianship and

alternatives for the public needing public guardianship services.

B. 1. Upon receipt of recommendations of the evaluating board

established pursuant to Section 4 of this act evaluating the pilot

project established pursuant to Section 4 of this act which

indicates that the expansion of the pilot project on a statewide

basis would be economically feasible and practical, the Commission

shall promulgate rules for developing a statewide program for public

guardianship pursuant to the Oklahoma Public Guardianship Act.

2. Upon promulgation of rules by the Commission, the provisions

of this section shall become effective statewide.

C. For the pilot program, and after the program has been

expanded on a statewide basis, the Office of Public Guardian shall

serve as a public guardian for eligible wards. The Office of Public

Guardian shall be a source of guardians, limited guardians,

attorneys for guardians and wards. In addition, after the program

has been expanded statewide, the Office of Public Guardian shall:

1. Be a source of information and assistance on guardianship

and alternatives for the public needing public guardianship

services;

2. Establish and maintain relationships with governmental,

public, and private agencies, institutions, and organizations to

assure the most effective guardianship program for each ward;

3. Have, at a minimum, phone contact with each ward, if

capable, every two (2) weeks;

4. Visit each ward at least three times every quarter, with one

visit being unannounced;

5. Keep and maintain the following records on all cases in

which the public guardian provides guardianship services:

a.

itemized financial records,

b.

health care,

c.

rehabilitation,

d.

education, and

e.

vocation;

6. Provide information and referrals to the public regarding

guardianship proceedings, but not information that would identify a

particular case;

7. Foster the increased independence of the ward, to include

termination of the guardianship when appropriate; and

Oklahoma Statutes - Title 30. Guardian and Ward

8. Develop and maintain a current listing of public and private

medical, mental health, social advocacy, educational,

rehabilitative, counseling, therapeutic, homemaking, recreational,

financial, and legal services and programs available to assist wards

and their families.

D. The Office of Public Guardian may:

1. Contract for services necessary to carry out the duties of

the Office; and

2. Accept the services of volunteer workers or consultants and

reimburse them for their necessary expenses.

E. For the pilot program and after the program has been

expanded on a statewide basis, the Office of Public Guardian may, on

its own motion or at the request of a district court, intervene in a

guardianship proceeding if the public guardian or a court considers

the intervention to be justified because:

1. An appointed guardian is not fulfilling his or her duties;

2. The estate is subject to waste as a result of the costs of

the guardianship;

3. A willing and qualified guardian is not available; or

4. The best interests of the ward or the person who is the

subject of a guardianship proceeding require the intervention.

F. The Office of Public Guardian, as funds become available,

may employ staff and delegate to members of the staff or to

volunteers the powers and duties as guardian and other powers and

duties pursuant to the Oklahoma Public Guardianship Act. However,

the Office of Public Guardian retains responsibility for the proper

performance of the delegated powers and duties. All delegations

shall be to persons who meet the eligibility requirements of a

guardian pursuant to Section 3-104 of Title 30 of the Oklahoma

Statutes.

G. For the pilot program, and after the program has been

expanded on a statewide basis, a public guardian has the same powers

and duties with respect to the ward as a private or volunteer

guardian.

H. For the pilot program and after the program has been

expanded on a statewide basis, a public guardian shall endeavor, for

as long as practicable, to find a suitable private or volunteer

guardian of the ward. For each ward, the public guardian shall

report to the court having jurisdiction of the ward, at least every

six (6) months, efforts to find a private or volunteer guardian.

I. For the pilot program and after the program has been

expanded on a statewide basis, any district court of this state may

order a public guardian to act as full guardian, limited guardian,

special guardian, or conservator for a person who is determined

under the Oklahoma Public Guardianship Act to be in need of guardian

service if no other person or private guardianship association is

willing and qualified to perform this function.

Oklahoma Statutes - Title 30. Guardian and Ward

Added by Laws 2001, c. 310, § 3, emerg. eff. June 1, 2001.

§30-6-102. Public guardianship pilot program – Evaluating board.

A. Subject to the availability of funds, the Department of

Human Services shall establish a public guardianship pilot program.

B. The Department of Human Services shall establish and operate

the pilot program in consultation with an evaluating board

established pursuant to this section and in accordance with the

provisions of the Oklahoma Public Guardianship Act, except as to

custody orders entered in criminal competency proceedings as set

forth in Section 7 of this act.

C. The evaluating board shall determine the effectiveness of

the pilot program. The evaluating board shall submit a preliminary

report to the Legislature no later than six (6) months after the

pilot program is established. Such report shall cover:

1. The feasibility of statewide expansion of the program;

2. Staffing, particularly use of volunteers, training and

liability issues;

3. Funding sources;

4. Eligibility standards;

5. Fee schedule;

6. Special-needs wards; and

7. Professional guardians.

D. The evaluating board shall consist of not more than two

appointees from each of the following officials and agencies:

1. Governor;

2. Speaker of the House of Representatives;

3. President Pro Tempore of the Senate;

4. Office of the Attorney General;

5. Oklahoma Health Care Authority;

6. Developmental Disabilities Services Division of the

Department of Human Services;

7. Department of Mental Health and Substance Abuse Services;

8. Adult Protective Services;

9. A Legal Services Developer;

10. State Long-Term Care Ombudsman;

11. Legal Aid of Western Oklahoma;

12. Legal Services of Eastern Oklahoma;

13. Oklahoma Bar Association; and

14. Advocacy Partnership for Aging Oklahomans.

Added by Laws 2001, c. 310, § 4, emerg. eff. June 1, 2001. Amended

by Laws 2004, c. 106, § 9, eff. April 1, 2005.