Oklahoma Statutes
Title 30. Guardian and Ward
§30-1-111. Definitions.

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 minor by a guardian or other person responsible for providing these services;
2. “Confidential information” means medical records, physical, psychological or other evaluations of a ward or subject of the proceeding, initial and subsequent guardianship plans, reports of guardians, limited guardians and conservators submitted to the court in connection with a proceeding pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act;
3. “Court” means a judge of the district court assigned to hear probate matters or assigned to the division of the district court designated to exercise probate jurisdiction;
4. “Estate” means the property of the person whose affairs are subject to a guardianship proceeding;
5. “Evaluation” means a professional assessment of:
6. “Exploitation” means an unjust or improper use of the resources of an incapacitated person, a partially incapacitated person or a minor for the profit or advantage, pecuniary or otherwise, of a person other than an incapacitated person, a partially incapacitated person or a minor through the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense;
7. A “guardian of an incapacitated person” means a person who has been appointed by a court to serve as the guardian of an incapacitated person to assure that the essential requirements for the health and safety of the person are met, to manage the estate or financial resources of the person, or both;
8. “Guardian ad litem” means, with respect to a guardianship proceeding, a person appointed by the court to assist the subject of the proceeding in making decisions with regard to the guardianship proceeding, or to make the decisions when the subject of the proceeding is wholly incapable of making the decisions even with assistance;
9. “Guardianship plan” means the plan for the care and treatment of a ward, the plan for the management of the financial resources of a ward, or both;
10. “Guardianship proceeding” means a proceeding for the appointment of a guardian, or for other orders regarding the condition, care or treatment or for the management of the financial resources of a ward;
11. “Guardianship report” means any report required by the provisions of Sections 4-305 and 4-306 of this title;
12. “Incapacitated person” means a person eighteen (18) years of age or older:
Whenever in the Oklahoma Statutes the term “incompetent person” appears and refers to a person who has been found by a district court to be an incompetent person because of an impairment or condition described in this paragraph it shall have the same meaning as “incapacitated person” but shall not include a person who is a partially incapacitated person;
13. “Least restrictive alternative” means an approach to meeting the needs of an individual that restricts fewer rights of the individual than would the appointment of a guardian or conservator including, but not limited to, supported decision making, appropriate technological assistance, appointment of a representative payee and appointment of an agent by the individual including under a power of attorney for health care or finances;
14. “Intangible personal property” means cash, stocks and bonds, mutual funds, money market accounts, certificates of deposit, insurance contracts, commodity accounts, and other assets of a similar nature;
15. “Letters” means a document issued by the court subsequent to the appointment of a guardian which designates the name of the guardian and specifies the authority and powers of the guardian. Such document shall be endorsed thereon with the oath of the guardian that he or she will perform the duties of his or her office as guardian according to law;
16. A “limited guardian” means a person appointed by the court to serve as the guardian of a partially incapacitated person and who is authorized by the court to exercise only:
17. “Manage financial resources” or “manage the estate” means those actions necessary to obtain, administer and dispose of real property, business property, benefits and income, and to otherwise manage personal financial or business affairs;
18. “Meet the essential requirements for physical health or safety” means those actions necessary to provide the health care, food, shelter, clothing, personal hygiene and other care without which serious physical injury is more likely than not to occur;
19. “Minor” means a person under eighteen (18) years of age;
20. “Neglect” means the failure to provide protection for an incapacitated person, a partially incapacitated person or a minor who is unable to protect the person’s own interest; or the failure to provide adequate shelter or clothing; or the harming or threatening with harm through action or inaction by either another individual or through the person’s own action or inaction because of a lack of awareness, incompetence or incapacity, which has resulted or may result in physical or mental injury;
21. “Organization” means a corporation, trust, business trust, partnership, association or other legal entity;
22. “Partially incapacitated person” means an incapacitated person whose impairment is only to the extent that without the assistance of a limited guardian the person is unable to:
A finding that an individual is a partially incapacitated person shall not constitute a finding of legal incompetence. A partially incapacitated person shall be legally competent in all areas other than the area or areas specified by the court in its dispositional or subsequent orders. Such person shall retain all legal rights and abilities other than those expressly limited or curtailed in the orders;
23. “Party” means the person or entity filing a petition, application, motion, acceptance of a testamentary nomination or objection; the subject of a guardianship proceeding; and the guardian, the guardian ad litem and the conservator, if any such persons have been appointed;
24. “Person” means an individual;
25. “Property” means real property, personal property, income, any interest in such real or personal property and includes anything that may be the subject of ownership;
26. “Restrictions on the legal capacity of a person to act in the person’s own behalf” means powers of an incapacitated or partially incapacitated person which are assigned to a guardian;
27. “Subject of the proceeding” means a minor or an adult:
28. “Supported decision making” means assistance from one or more persons chosen by an individual in understanding the nature and consequences of potential personal and financial decisions to enable the individual to make such decisions, and in communicating such decisions if consistent with the wishes of the individual; and
29. “Surcharge” means the imposition of personal liability by a court on a guardian or limited guardian for willful or negligent misconduct in the administration of the estate or other financial resources of a ward.
B. 1. Nothing in this section shall be construed to mean an incapacitated person, a partially incapacitated person or a minor is abused or neglected for the sole reason that a guardian or other person responsible, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practices of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of the person or minor in their trust, and, in the case of an adult, in accordance with the practices of or the express consent of the incapacitated or partially incapacitated person.
2. Nothing contained in this subsection shall prevent a court from immediately assuming custody of a minor, pursuant to the Oklahoma Children’s Code, and ordering whatever action may be necessary including medical treatment, to protect the minor’s health or welfare.
Added by Laws 1988, c. 329, § 11, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 8, operative July 1, 1990; Laws 1998, c. 298, § 1, eff. Nov. 1, 1998; Laws 2019, c. 475, § 28, eff. Nov. 1, 2019; Laws 2021, c. 133, § 1, eff. Nov. 1, 2021.

Structure Oklahoma Statutes

Oklahoma Statutes

Title 30. Guardian and Ward

§30-1-101. Short title.

§30-1-102. Articles in Act.

§30-1-103. Purpose of Act - Legislative intent.

§30-1-104. Existing guardianships or conservatorships - Compliance with Act - Court review of cases.

§30-1-105. Guardian defined.

§30-1-106. Guardians ad litem excluded.

§30-1-107. Ward defined.

§30-1-108. Guardians classified.

§30-1-109. General guardian.

§30-1-110. Special guardian.

§30-1-111. Definitions.

§30-1-112. Persons and property subject to act - Power of appointment - Parental rights.

§30-1-113. Appointment of guardian - Jurisdiction.

§30-1-114. Powers of court.

§30-1-115. Venue - Priorities of jurisdiction - Transfer - Consolidation.

§30-1-116. Place of hearing - Order and decree.

§30-1-117. Guardians ad litem - Power to appoint - Appointment.

§30-1-118. Guardian of nonresident.

§30-1-119. Powers of guardian.

§30-1-120. Power of guardian of the person - Report of change of ward's abode - Power of limited guardians.

§30-1-121. Guardian of the property - Power - Fiduciary duty.

§30-1-122. Confidential information filed with court.

§30-1-123. Letters of guardianship.

§30-1-124. Guardianship and conservatorship handbook and duties summary.

§30-1-125. Computation of time.

§30-2-101. When guardian of minor to be appointed - Petition - Notice.

§30-2-102. Nominations of guardian.

§30-2-103. Nomination and appointment of guardian - Age of minor.

§30-2-104. Nomination of guardian by minor at 14 years of age - Approval of court.

§30-2-105. Appointment when ward's nominee ineligible.

§30-2-106. Appointment of parents as guardians.

§30-2-107. Guardian in charge of education.

§30-2-108. Education and maintenance of minor - Income from property of minor - Guardianship of minor with living parent - Child support.

§30-2-109. Conditions of appointment.

§30-2-110. Investments authorized.

§30-2-111. Contracts on lives of wards and beneficiaries of trust funds.

§30-2-112. Interest of guardian.

§30-2-113. When power of guardian appointed by parent ceases.

§30-2-114. Release of minor ward at majority.

§30-2-115. Limitation of discharge by court.

§30-2-116. Delivery of up to $10,000 of minor's estate to custodian, parent or minor.

§30-2-117. Custody by abandonment of a minor - Qualified relative.

§30-3-101. Petition for appointment of guardian.

§30-3-102. Nomination of guardians or alternate guardians by adult - Priorities of nominations.

§30-3-102.1. Initiation of guardianship proceedings for minors at least 17 years and 6 months of age.

§30-3-103. Nomination of guardian or limited guardian by will.

§30-3-104. Priorities for selection by court of guardian or limited guardian - Appointment of organization - Determination of suitability - Appointment of public agency.

§30-3-105. Court appointment where nominee is unable, unwilling or cannot qualify to serve.

§30-3-106. Rights of individual alleged to be or found to be incapacitated or partially incapacitated - Confidentiality - Relief from costs and fees - Record.

§30-3-106.1. Court-appointed advocates for vulnerable adults programs.

§30-3-107. Appointment of counsel - Explanation and inquiry by court - Replacement of appointed counsel - Determination of independence of retained counsel - Record.

§30-3-108. Evaluations of subject of proceeding.

§30-3-109. Hearing on petition - Setting of date.

§30-3-110. Notice of hearing.

§30-3-111. Determination by court - Order appointing guardian - Explanation on record.

§30-3-112. Appointment of guardians or limited guardians.

§30-3-113. Order appointing guardian - Specific determinations of capacity - Submission of guardianship plan - Other orders.

§30-3-114. Assignment of powers to limited guardian - Endorsement of limitation or specification of assets upon letters of guardianship.

§30-3-115. Appointment of special guardian - Powers - Duration - Bond - Removal.

§30-3-116. Proceedings to determine restoration to capacity.

§30-3-117. Presumption of capacity when guardian discharged without appointment of another.

§30-3-118. Duties and powers of guardian or limited guardian.

§30-3-119. Limitation of powers of guardian.

§30-3-120. Proposed plan for care and treatment of ward.

§30-3-121. Disposition of financial resources under supervision and control of guardian or limited guardian - Petition for restoration of capacity.

§30-3-122. Proposed plan for management of financial resources of ward.

§30-3-123. Sale or lease of homestead of incapacitated or partially incapacitated person.

§30-3-124. Sale or lease of real property by guardian - Approval - Joinder of spouse.

§30-3-125. Application - Sections 60 and 61 cumulative.

§30-3-126. Estates of incapacitated or partially incapacitated persons not exceeding $10,000.00 - Disposition - Discharge and release.

§30-3-211. Petition for appointment of conservator by reason of physical disability - Consent - Notice and hearing.

§30-3-212. Appointment of conservator - Consent necessary.

§30-3-213. Persons ineligible for appointment as conservator.

§30-3-214. Care, custody and management of estate - Bond.

§30-3-215. Powers and duties of conservator - Jurisdiction of court.

§30-3-216. Discharge of conservator - Accounting.

§30-3-217. Compensation of conservator.

§30-3-218. Subsequent appointment of guardian of ward - Effect on estate.

§30-3-219. Limitation on right of ward to contract.

§30-3-220. Validation of prior conservatorships.

§30-3-301. Short title.

§30-3-302. Definitions.

§30-3-303. Communication between courts.

§30-3-304. Requests between courts in guardianship or protective proceedings.

§30-3-305. Testimony of a witness located in another state.

§30-3-306. Definitions - Applicability.

§30-3-307. Jurisdictional basis for appointing a guardian or issuing a protective order.

§30-3-308. Jurisdictional requirements for appointing a guardian or issuing a protective order.

§30-3-309. Special jurisdiction.

§30-3-310. Continuing jurisdiction over proceeding.

§30-3-311. Factors for declining jurisdiction.

§30-3-312. Jurisdiction acquired through unjustifiable conduct.

§30-3-313. Notice of petition in home state of respondent.

§30-3-314. Rules for filing of petitions in multiple states.

§30-3-315. Transfer of guardianship or conservatorship - Notification of petition.

§30-3-316. Confirmation of transfer of guardianship or conservatorship.

§30-3-317. Registration of out-of-state guardianship order.

§30-3-318. Registration of out-of-state protective order.

§30-3-319. Use of authorized powers.

§30-3-320. Applying and construing the act.

§30-3-321. Relation to Electronic Signatures in Global and National Commerce Act.

§30-3-322. Application of act.

§30-4-101. Appointment as guardian of more than five wards prohibited - Exceptions.

§30-4-102. Violations - Punishment.

§30-4-103. Disqualification by financial relations with judge of district court - Removal of ineligible guardians - Liability for continuing to act - Removal of judge.

§30-4-104. Eligibility of nonresidents - Foreign trust companies or institutions - Domestic corporations or trust companies

§30-4-105. Inquiry into suitability of person proposed to serve as guardian

§30-4-201. Guardian's bond.

§30-4-202. Request for security or bond - Suspension of powers - Order.

§30-4-203. Requirement of new bonds - Discharge of sureties on old bond.

§30-4-204. Preservation of bonds - Breach of condition - Actions on bonds.

§30-4-205. Limitation of action on bond - Effect of disability.

§30-4-301. Inventory and account of estate of ward - Appraisal - Waiver of inventory prohibited.

§30-4-303. Settlement and allowance of accounts - Reports to court - Accounting informations - Date certain for next annual report.

§30-4-304. Account by one of joint guardians.

§30-4-305. Report on guardianship of person - Requirements - attachments.

§30-4-306. Report on guardianship or limited guardianship of property - Requirements - Attachments - Review of financial resources.

§30-4-307. Mailing of copies of annual report - Objections to report - Hearing - Order granting immediate relief - Order for compensation - New bond - Appointment of counsel to represent ward.

§30-4-308. Application for relief - Notice - Hearing - Order - Appointment of counsel to represent ward - Joinder of separate applications or objections - Evaluation of ward - Hearing without notice.

§30-4-401. Expenses and compensation of guardians.

§30-4-402. Joint guardians - Compensation.

§30-4-403. Compensation for attorneys, guardians ad litem and persons conducting evaluations.

§30-4-404. Costs - Appointment of guardian to authorize entry into armed forces – Performance of conditions.

§30-4-501. Appointment of more than one guardian - Bond.

§30-4-502. Two or more guardians.

§30-4-503. Death of joint guardian.

§30-4-601. Guardian for nonresident ward - Notice of hearing.

§30-4-602. Powers of nonresident's guardian same as in other cases.

§30-4-603. First appointment is exclusive.

§30-4-604. Bond of guardian of nonresident.

§30-4-605. Removal of property.

§30-4-606. Application for removal - Requirements.

§30-4-607. Order for removal discharges local guardian.

§30-4-701. Payment of debts.

§30-4-702. Collection and settlement of accounts and appearance for ward in suits - Compromise and settlement of claims.

§30-4-703. Discharge and release.

§30-4-704. Service upon guardian - Duty of guardian.

§30-4-705. Management of estate - Income applied for support of ward - Sale of realty.

§30-4-706. Maintenance and support of ward - Credit on settlement - Payment of third person furnishing necessaries on guardian's refusal.

§30-4-707. Execution of waivers or consents for wards.

§30-4-708. Investment of money and proceeds of sales.

§30-4-709. Investment of monies belonging to estates - Purchase of homesteads for incapacitated or partially incapacitated persons.

§30-4-710. Transfer of real or personal property – Protective arrangements.

§30-4-751. Income insufficient for maintenance - Sale of property necessary.

§30-4-752. Sale of property for investment.

§30-4-753. Proceeds of sale - Investment - Maintenance of ward and family.

§30-4-754. Petition for sale - Verification.

§30-4-755. Hearing, notice and order.

§30-4-756. Mailing or publication of order - Waiver of notice.

§30-4-757. Hearing upon order - Protests.

§30-4-758. Partition of real estate - Assent to - Approval of court.

§30-4-759. Sale of oil, gas, mining leases.

§30-4-760. Testimony - Witnesses - Attendance and examination of.

§30-4-761. Costs awarded prevailing party on hearing of objections to order.

§30-4-762. Order for sale - Public or private sale.

§30-4-763. Sale bond by guardian.

§30-4-764. Sales governed by same law as in estates of decedents.

§30-4-765. Order in force for one year only.

§30-4-766. Terms of sale - Security.

§30-4-767. Limitation of action for recovery of estate sold - Disability and removal thereof.

§30-4-768. Exchange of property held by ward or wards in common - Notice.

§30-4-769. Sale of perishable property - Report - Good faith determination of perishability.

§30-4-770. Former leases legalized.

§30-4-801. Removal of guardians.

§30-4-802. Suspension of power of guardian - Marriage of incapacitated or partially incapacitated person.

§30-4-803. Termination of authority and responsibility of guardian - Removal - Resignation - Final account - Notice and hearing.

§30-4-804. Termination of guardianship when unnecessary.

§30-4-805. Distribution of personal property of intestate ward.

§30-4-901. Civil liability of guardians or petitioners - Damages.

§30-4-902. Citation for concealment or embezzlement.

§30-4-903. Reporting of abuse, neglect or exploitation - Violation and penalty - Civil liability.

§30-4-904. Concealment or removal from jurisdiction of certain persons.

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

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