Title 30, 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 news…

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…

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, …

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 e…

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. Renu…

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, § 65…

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 benef…

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 …

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, di…

No order of sale granted pursuant to Sections 4-751 through 4- 770 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. Renumb…

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 dem…

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…

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 anot…

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…

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…

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 th…

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, b…

- 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 t…

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, § 1…

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 …

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…

Upon complaint made to the court by any guardian, ward, creditor, or other person interested in the estate, or having a 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 inst…

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 t…

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…

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. 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 s…

This act shall be known and may be cited as the “Oklahoma Standby Guardianship Act”. Added by Laws 2024, c. 41, § 1, eff. Nov. 1, 2024.

As used in this act: 1. “Designation” means a writing which is voluntarily executed in conformance with the requirements of Section 3 of this act and signed by a parent and names a person to act as standby guardian; 2. “Parent” means a genetic or adoptive parent or parent determi…

A. A parent may execute a written designation of a standby guardian at any time. The written designation shall state: 1. The name, address and birthdate of the child affected; and 2. The name and address of the person designated as standby guardian or alternate. The written desig…

Order. A. A designated standby guardian or alternate shall file a petition for approval as standby guardian. The petition shall be filed as soon as practicable after the occurrence of the triggering event but in no event later than thirty (30) days after the triggering event. The…

Approval of alternate standby guardian. A. If no designation for a standby guardian has been completed by a qualified parent, upon petition of any person, the district court of the jurisdiction in which a child resides may approve a person as standby guardian for a child of a qua…

refusal by standby guardian. A. The authority of a standby guardian approved by the court may be revoked by the qualified parent by filing a notice of revocation with the court. The notice of revocation shall identify the standby guardian or alternate standby guardian to which th…

guardianship. A child’s parent, stepparent, adult sibling or any adult related to the child by blood, marriage or adoption may petition the court which approved the standby guardian at any time following such approval and prior to any termination of the standby guardianship for r…