Title 30, Title 30 — Guardian and Ward

court - Replacement of appointed counsel - Determination of independence of retained counsel - Record. A. If at or prior to a hearing on a petition alleging a person to be an incapacitated or partially incapacitated person, or if at any point in the course of a proceeding pursuan…

A. After the filing of the petition, the court may, on its own motion or at the request of any party to the proceeding, if the court determines it to be for the best interest of the ward, order an evaluation of the subject of the proceeding in connection with any proceeding pursu…

When it is represented to the court in a petition filed pursuant to this act alleging that a person is an incapacitated person or partially incapacitated person, the court shall set a date for a hearing on the petition which date shall be no more than thirty (30) days after the f…

A. The court shall cause notice to be served of the time and place of the hearing on the petition requesting the appointment of a guardian for an incapacitated or partially incapacitated person on: 1. The subject of the proceeding; and 2. The following persons, other than the pet…

Explanation on record. A. At the hearing on the petition the court shall determine whether or not it is necessary to appoint a guardian of the person, property or both. If a guardian is needed, the court shall determine: 1. When a general or limited guardian of the person of the …

A. Whenever the court finds the subject of the proceeding to be an incapacitated person the court shall appoint: 1. A general guardian of the person; and 2. As the court determines to be necessary and appropriate, a guardian of the property of the ward. B. Whenever the court find…

capacity - Submission of guardianship plan - Other orders. A. The order appointing a guardian, based upon evidence adduced, shall set forth: 1. The determinations made by the court at the hearing; 2. The name and address of the individual, if any, appointed to serve as the limite…

of limitation or specification of assets upon letters of guardianship. A. The court may assign to a limited guardian of the person any portion of the powers and duties of a general guardian of the person except the power to take custody of the person of the ward. The court may al…

Bond - Removal. A. The court may appoint a special guardian for a person who appears to be or has been found to be an incapacitated or partially incapacitated person when it appears: 1. There is imminent danger that the health or safety of said person will be seriously impaired o…

A. Any person who has been judicially determined to be an incapacitated or partially incapacitated person, the guardian or limited guardian, any relative of the ward or any friend of the ward may apply by petition to the district court of the county in which such person was decla…

appointment of another. Whenever a guardian or limited guardian who has been appointed for an incapacitated or partially incapacitated person has been discharged by the final order of a court having jurisdiction thereof, and no other guardian has been appointed for said person by…

A. A guardian or limited guardian of the person of an incapacitated or partially incapacitated person is responsible for the care or control of the ward pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act, and the orders of the court, and the guardians…

A guardian shall have no powers except as provided by the Oklahoma Statutes or given to such guardian in the orders in the guardianship proceeding. This limitation of powers includes but is not limited to the following: 1. No guardian shall have the power to consent on behalf of …

A. If not filed with the petition or submitted to the court at the time of the hearing, within ten (10) days after his appointment the guardian or limited guardian of the person of an incapacitated or partially incapacitated person shall file with the court, for its approval, a p…

control of guardian or limited guardian - Petition for restoration of capacity. A. A guardian of the property must keep safe the property of his ward and shall act as a fiduciary as provided by Section 1-121 of this title. Subject to the order and the guardianship plan for the ma…

ward. A. If not filed with the petition or submitted to the court at the time of the hearing, within two (2) months after his appointment, a guardian or limited guardian of the property of an incapacitated or partially incapacitated person shall file with the court for its approv…

incapacitated person. Guardians of incapacitated and partially incapacitated persons are authorized and empowered subject to the dispositional order and the guardianship plan to sell and convey all or part of the homestead of the incapacitated or partially incapacitated person, a…

Joinder of spouse. When the ward owns an interest in a tract of real property in addition to a homestead interest, no conveyance, deed, contract or lease executed pursuant to the authority granted by Section 3-123 of this title shall be valid, unless the sale or leasing be conduc…

Sections 60 and 61 of this act apply only to the homestead and are cumulative and in addition to any such procedures now provided or permissible under existing statutes. Added by Laws 1959, p. 223, § 3. Amended by Laws 1988, c. 329, § 62, eff. Dec. 1, 1988. Renumbered from Title …

persons not exceeding $10,000.00 - Disposition - Discharge and release. A. When the whole estate of an adult who has been adjudicated to be incapacitated or partially incapacitated does not exceed the value of Ten Thousand Dollars ($10,000.00), the court may, in its discretion, w…

physical disability - Consent - Notice and hearing. When it is represented to the court upon verified petition of any person, any relative, or friend that: 1. A person is an inhabitant or resident of the county or is not a resident of the county or the state but has property with…

If, after a full hearing and examination upon such petition, it appears to the court that the person in question is, by reason of physical disability, unable to manage his property and that such person consents to the appointment of a conservator, the court shall appoint a conser…

No person shall be appointed conservator of an estate who would be ineligible to act as guardian of the ward in such case. Added by Laws 1989, c. 276, § 9, eff. Nov. 1, 1989.

Every conservator appointed to preserve and protect the estate of his ward as provided in Sections 3-201 and 3-202 of Title 30 of the Oklahoma Statutes shall have the care, custody and management of such estate until such conservator is legally discharged. The conservator shall g…

court. A conservator shall have the same powers and duties, including the submission of plans and reports, as a guardian or limited guardian of the property of an incapacitated or partially incapacitated person as required by the Oklahoma Guardianship and Conservatorship Act. All…

A conservator may be discharged by the court upon the application of the ward or otherwise upon such notice to the conservator and next of kin of said ward as the court may determine reasonable and proper, when it appears that the conservatorship is no longer necessary. In the ev…

The conservator shall receive as compensation for his services the compensation provided by law for guardians. Added by Laws 1989, c. 276, § 13, eff. Nov. 1, 1989.

estate. Any subsequent appointment of a guardian of said ward as an incapacitated or partially incapacitated person shall be an appointment as guardian of the person only of said ward and shall not include the appointment of such guardian of the estate of said ward or in any mann…

Upon the appointment of a conservator, the ward shall not thereafter have the power to enter into any contract creating an obligation against his estate except for necessities. Added by Laws 1989, c. 276, § 15, eff. Nov. 1, 1989.

All conservatorships created prior to the effective date of the Oklahoma Guardianship and Conservatorship Act, Section 1-101 et seq. of this title, with the consent of the person for whose property a conservator was appointed, are hereby validated. Each such conservatorship shall…

This act shall be known and may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act". Added by Laws 2010, c. 257, § 1, eff. Nov. 1, 2010.

As used in the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act: (1) “Adult” means an individual who has attained eighteen (18) years of age; (2) “Conservator” means a person appointed by the court to administer the property of an adult; (3) “Guardian” means…

(a) A court of this state may communicate with a court in another state concerning a proceeding arising under this act. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b) of this section, the court shall make a reco…

proceedings. (a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (1) Hold an evidentiary hearing; (2) Order a person in that state to produce evidence or give testimony …

(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its…

(a) In this article: (1) “Emergency” means a circumstance that likely will result in substantial harm to a respondent’s health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the responde…

issuing a protective order. This article provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult. Added by Laws 2010, c. 257, § 7, eff. Nov. 1, 2010.

issuing a protective order. A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) This state is the respondent’s home state; (2) On the date the petition is filed, this state is a significant-connection state and: (A) th…

(a) A court of this state lacking jurisdiction under paragraphs (1) through (3) of Section 8 of this act has special jurisdiction to do any of the following: (1) Appoint a guardian in an emergency for a term not to exceed ninety (90) days for a respondent who is physically presen…

Except as otherwise provided in Section 9 of this act, a court that has appointed a guardian or issued a protective order consistent with this act has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires…

(a) A court of this state having jurisdiction under Section 8 of this act to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If a court of this stat…

(a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (1) Decline to exercise jurisdiction; (2) Exercise jurisdiction for the limited purpose of fashioni…

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the pet…

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under paragraph (1) or (2) of subsection (a) of Section 9 of this act, if a petition for the appointment of a guardian or issuance o…

Notification of petition. (a) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) of this section shall be given to the persons that would be entit…

conservatorship. (a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to Section 15 of this act, the guardian or conservator shall petition the court in this state to accept the guardianship or conservatorship. The petiti…

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in…

If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this s…

(a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceeding…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by Laws 2010, c. 257, § 20, eff. Nov. 1, 2010.