Title 30, Guardian and Ward

This act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of an…

(a) This act applies to guardianship and protective proceedings begun on or after the effective date of this act. (b) Articles 1, 3, and 4 and Sections 21 and 22 of this act apply to proceedings begun before the effective date of this act, regardless of whether a guardianship or …

This act shall be known and may be cited as the "Courtney Smith Act". Added by Laws 2023, c. 183, § 1, eff. Nov. 1, 2023.

A. As used in this act: 1. "General guardianship" means a relationship where a person has been appointed by a court to serve as the guardian of an incapacitated person to ensure that the essential requirements for the health and safety of the person are met, to manage the estate …

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 se…

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, …

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 of…

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 this state, except as p…

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 an…

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…

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 judg…

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 as the court may direct, when it shall appear that no injury can result therefrom to those i…

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, …

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…

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…

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 …

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…

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 m…

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, signi…

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 2- 101 of this title for minors, or b. those persons entitled to notice pursuant to paragrap…

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 guardiansh…

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 guardi…

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.

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 …

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 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 u…

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…

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.

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 c…

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…

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 Law…

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 gua…

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…

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…

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. …

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 esta…

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 gua…

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…

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 interest…

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 profit…

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 document…

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 autho…

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 …

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…

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 …

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, § …

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 suc…

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 prov…

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, e…

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 t…