Title 30, Title 30 — Guardian and Ward

Sections 1-101 through 5-101 of this title shall be known and may be cited as the "Oklahoma Guardianship and Conservatorship Act". Added by Laws 1988, c. 329, § 1, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 1, operative July 1, 1990.

The Oklahoma Guardianship and Conservatorship Act shall be composed of the following articles: Article I General provisions Article II Minors Article III Adults Article IV Miscellaneous Added by Laws 1988, c. 329, § 2, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 2, operati…

A. It is the purpose of the Oklahoma Guardianship Act to promote the general welfare of all citizens by establishing a system of general and limited guardianships for minors and for incapacitated and partially incapacitated persons which provides for the protection of their right…

with Act - Court review of cases. A. 1. Any guardianship or conservatorship in existence on or created on or after December 1, 1990, shall comply with the provisions of the Oklahoma Guardianship and Conservatorship Act. 2. Unless otherwise modified or terminated, all guardianship…

A guardian is a person appointed by the court to take care of the person or property of another. R.L. 1910, § 3321. Amended by Laws 1988, c. 329, § 5, eff. Dec. 1, 1988. Renumbered from § 1 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

The term "guardian" includes persons appointed as general and limited guardians of the person, general and limited guardians of property, and special guardians, but does not include persons appointed as guardians ad litem. Added by Laws 1988, c. 329, § 6, eff. Dec. 1, 1988. Amend…

A person over whom a guardian is appointed and a person over whose property a guardian or conservator is appointed is called a ward. R.L. 1910, § 3322. Amended by Laws 1988, c. 329, § 7, eff. Dec. 1, 1988. Renumbered from § 2 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1…

Guardians are either: 1. General; 2. Limited; or 3. Special. R.L. 1910, § 3323. Amended by Laws 1988, c. 329, § 8, eff. Dec. 1, 1988. Renumbered from § 3 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 5, operative July 1, 1990.

A. A general guardian is a guardian of the person or of all the property of the ward within this state or of both such person and property. B. A limited guardian is a person authorized by the court to exercise limited powers over the person of the ward, or over the property of th…

A special guardian may be appointed by the court pursuant to Section 3-115 of this title. R.L. 1910, § 3325. Amended by Laws 1988, c. 329, § 10, eff. Dec. 1, 1988. Renumbered from § 5 of this title by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 7,…

A. As used in the Oklahoma Guardianship and Conservatorship Act: 1. “Abuse” means the intentional infliction of physical pain, injury, or mental anguish or the deprivation of food, clothing, shelter or medical care to an incapacitated person, partially incapacitated person, or a …

appointment - Parental rights. A. Except as otherwise specifically provided by law, the Oklahoma Guardianship and Conservatorship Act applies to: 1. Minors in this state. Guardianships for minors established pursuant to Section 3 of this act shall only be subject to provisions of…

A. A guardian of the person or property, or both, of a person residing in this state, who is a minor, or an incapacitated or partially incapacitated person, may be appointed in all cases by the court as provided in this title. B. After the service of notice in a proceeding seekin…

A. In all cases the court making the appointment of a guardian has exclusive jurisdiction to control such guardian in the management and disposition of the person and property of the ward. B. The court has jurisdiction over guardianship proceedings, and has the following powers, …

Consolidation. A. The venue for a guardianship proceeding is in: 1. The district court of the county where the minor or the incapacitated or partially incapacitated person resides; 2. The district court of the county where the proposed guardian resides if the proposed guardian is…

A. The power conferred upon the court in relation to guardians and wards may be exercised in chambers or elsewhere in the discretion of the judge. Any hearing held pursuant to the provisions of this act may be held at such place as the court directs. B. Any order appointing a gua…

A. Nothing contained in this title affects or impairs the power of any court to appoint a guardian ad litem to defend the interests of any minor interested in any suit or matter pending therein. B. At any point in a guardianship proceeding, the subject of the proceeding, his atto…

A guardian of the property, within this state, of a person not residing therein, who is a minor, or an incapacitated or partially incapacitated person, may be appointed by the court as provided by this title. R.L. 1910, § 3329. Amended by Laws 1988, c. 329, § 18, eff. Dec. 1, 198…

A guardian has only those powers over the person or the property of the ward, or both such person and property, as ordered by the court pursuant to this title. R.L. 1910, § 3333. Amended by Laws 1988, c. 329, § 19, eff. Dec. 1, 1988. Renumbered from § 14 of this title by Laws 198…

ward's abode - Power of limited guardians. A. A guardian, including a special guardian, of the person is charged with the custody of the ward, and must look to the support, health and education of the ward. Except as provided by Section 3- 113 of this title, he may fix the place …

A. A guardian of the property must keep safely the property of his ward. He must not permit any unnecessary waste or destruction of the real property, nor make any sale of such property without the order of the court, but must so far as it is in his power, maintain the same, with…

A. Confidential information filed with or submitted to the court in conjunction with any proceeding pursuant to the Oklahoma Guardianship and Conservatorship Act, shall not constitute a public record and shall be sealed by the court. Access to confidential information shall be st…

Letters of guardianship are evidence of the transfer of the management or administration of all assets, or the part thereof specified in the letters, of a ward to the guardian. An order terminating a guardianship is evidence of transfer of the management or administration of all …

summary. The Oklahoma Bar Association shall prepare a guardianship and conservatorship handbook for distribution by the Administrative Office of the Courts to the district courts by providing a link to the handbook on the Oklahoma State Courts Network (OSCN) website. The handbook…

The time within which an act is to be done, as provided for in Title 30 of the Oklahoma Statutes, shall be computed by excluding the first day and including the last day. If the last day is a legal holiday as defined by Section 82.1 of Title 25 of the Oklahoma Statutes, it shall …

Notice. A. The court of each county, when it appears necessary or convenient, may appoint guardians for the persons and estates, or either, or both of them, of minors. When appointing guardians, preference shall be given to relatives and persons who have a kinship relationship wi…

A. A guardian of the person or estate, or of both, of a child born, or likely to be born, may be nominated by will or by other written instrument, to take effect upon the death of the parent so nominating: 1. If the child is born in wedlock, by either parent or by both parents. 2…

A. If the minor is under the age of fourteen (14) years, the court may name and appoint his guardian. If the minor has attained the age of fourteen (14) years, the minor may nominate his own guardian, who, if approved by the court, must be appointed accordingly. B. The court, in …

Approval of court. When a guardian has been appointed by the court for a minor under the age of fourteen (14) years, the minor, at any time after he has attained age fourteen (14), may nominate his own guardian, subject to the approval of the court. R.L. 1910, § 6529. Amended by …

If a guardian nominated by a minor who has attained the age of fourteen (14) years is not approved by the court or if, after being notified by the court, the minor neglects for ten (10) days to nominate a suitable person, the court may name and appoint a guardian in the same mann…

A minor's parent who is competent to transact his or her own business and not otherwise unsuitable or disqualified by law to serve as the guardian of said minor, shall be entitled to the guardianship of the minor until the minor has attained the age of fourteen (14) years. The pa…

If the minor has no father or mother living who is competent to have charge of the education of the minor, the guardian appointed by the court shall have the same. R.L. 1910, § 6531. Amended by Laws 1988, c. 329, § 31, eff. Dec. 1, 1988. Renumbered from Title 58, § 801 by Laws 19…

property of minor - Guardianship of minor with living parent - Child support. A. If any minor, having a parent or parents living, has property, the income of which is sufficient for his or her maintenance and education in a manner more expensive than such parent or parents can re…

A. When any person is appointed guardian of a minor, the court shall include in the order of appointment conditions providing for the care, treatment, education and welfare of the minor. B. An order providing for the transfer of the permanent care and custody of a child: 1. Shall…

A guardian legally holding funds or assets belonging to or for the benefit of a minor may with the approval of the district court or other court in which such estate is pending, invest such funds or assets or any part thereof, in single premium life, single premium endowment, or …

funds. Such contracts may be issued on the life of a ward or beneficiary of a trust fund, and shall be so drawn by the insuring company so that the proceeds, or avails thereof shall be the sole property of the person whose funds are invested. Added by Laws 1947, p. 347, § 2. Renu…

Such contracts may not be purchased from any company for which the guardian is acting as agent, or receives any commission, or part of any commission, directly or indirectly paid by such company to its agent soliciting or selling such contract. Added by Laws 1947, p. 347, § 3. Re…

The power of a guardian appointed for a minor ceases upon: 1. The removal of the guardian; 2. The solemnized marriage of the ward; or 3. The ward's attaining majority. R.L. 1910, § 3338. Amended by Laws 1988, c. 329, § 34, eff. Dec. 1, 1988. Renumbered from § 19 of this title by …

After a minor ward has come to his majority, such ward may settle accounts with his guardian and give him a release, which is valid, subject to approval of the court, if obtained fairly and without undue influence. R.L. 1910, § 3340. Amended by Laws 1988, c. 329, § 35, eff. Dec. …

A guardian of a minor appointed by a court is not entitled to his discharge until one (1) year after the majority of the ward unless the court determines that the minor has earlier validly released said guardian after a final accounting. R.L. 1910, § 3341. Amended by Laws 1988, c…

custodian, parent or minor. A. 1. When the whole estate of a minor does not exceed the value of Ten Thousand Dollars ($10,000.00), the court may, in its discretion, without the appointment of a guardian or the giving of bond, authorize and direct: a. the delivery of the property …

A. The court of each county, when it appears necessary or convenient, may grant a qualified relative custody by abandonment of a minor or minors who have been abandoned, as defined by Section 1- 1-105 of Title 10A of the Oklahoma Statutes, in the care of the qualified relative if…

A. Any person interested in the welfare of a person believed to be an incapacitated person or partially incapacitated person may file a petition alleging that such person is an incapacitated or partially incapacitated person, and request the appointment of a guardian. B. The peti…

- Priorities of nominations. A. Every person eighteen (18) years of age or older who is of sound mind and not acting under duress, menace, fraud or undue influence, may nominate a guardian of his person and property, or of either, as provided by this section. Such nomination shal…

least 17 years and 6 months of age. A. Any person interested in the welfare of a minor, where the minor is at least seventeen (17) years and six (6) months of age and believed to be an incapacitated person or partially incapacitated person, may initiate guardianship proceedings, …

A parent of an unmarried incapacitated or partially incapacitated person, the spouse of a married incapacitated or partially incapacitated person, or an adult child of such person who is serving as guardian or limited guardian may nominate by will, or by other writing executed by…

guardian - Appointment of organization - Determination of suitability - Appointment of public agency. A. The following priorities shall guide the selection by the court of a guardian or limited guardian of an incapacitated or partially incapacitated person from among those eligib…

cannot qualify to serve. In the event the person nominated is unable, unwilling, or cannot qualify to so serve, the court shall make a finding of such fact and shall proceed to the appointment of a guardian as if such nomination had not been made, taking into account any alternat…

incapacitated or partially incapacitated - Confidentiality - Relief from costs and fees - Record. A. In all hearings conducted pursuant to Article III of the Oklahoma Guardianship and Conservatorship Act, an individual who is alleged to be or found to be an incapacitated or parti…

programs. A. As used in this section: 1. “Court-appointed advocates for vulnerable adults” or “CAAVA” means a responsible adult who has been trained and is supervised by a court-appointed advocates for vulnerable adults program recognized by the court, and who has volunteered to …