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 office of judge of the district court, becomes pecuniarily liable to any guardian of any minor or incapacitated or partially incapacitated person, such liability shall operate to disqualify such guardian. It is hereby made the duty of the judge of the district court to enter on the court docket such disqualifying conditions. The disqualification shall also apply if such person, except a parent who is guardian of his or her own child or children has rendered financial aid to said judge, in securing his nomination and election to the office of judge of the district court, or his appointment as judge of the district court. Persons who have heretofore been appointed guardians, who are not eligible to act under this section shall be by the judge of the district court removed and successors appointed, as provided by law. If any person not eligible to act under this section continues to act as guardian, after such ineligibility has been legally determined, such person and the surety upon his bond shall be liable to the estate of the minor or incapacitated or partially incapacitated person for all money unlawfully paid by such ineligible guardian out of the estate of such minor or incapacitated or partially incapacitated person, and if a judge of the district court knowingly permits an ineligible person to act, he shall be removed from office.
Added by Laws 1923-24, c. 84, p. 100, § 1. Amended by Laws 1953, p. 248, § 84; Laws 1988, c. 329, § 74, eff. Dec. 1, 1988. Renumbered from Title 58, § 881 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 53, operative July 1, 1990.
Structure Oklahoma Statutes
§30-1-103. Purpose of Act - Legislative intent.
§30-1-104. Existing guardianships or conservatorships - Compliance with Act - Court review of cases.
§30-1-106. Guardians ad litem excluded.
§30-1-108. Guardians classified.
§30-1-112. Persons and property subject to act - Power of appointment - Parental rights.
§30-1-113. Appointment of guardian - Jurisdiction.
§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.
§30-1-121. 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.
§30-2-109. 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.
§30-3-103. Nomination of guardian or limited guardian by will.
§30-3-105. Court appointment where nominee is unable, unwilling or cannot qualify to serve.
§30-3-106.1. Court-appointed advocates for vulnerable adults programs.
§30-3-108. Evaluations of subject of proceeding.
§30-3-109. Hearing on petition - Setting of date.
§30-3-111. Determination by court - Order appointing guardian - Explanation on record.
§30-3-112. Appointment of guardians or limited guardians.
§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.
§30-3-122. 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.
§30-3-212. 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.
§30-3-303. 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.
§30-4-105. Inquiry into suitability of person proposed to serve as guardian
§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.
§30-4-304. Account by one of joint guardians.
§30-4-305. Report on guardianship of person - Requirements - attachments.
§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.
§30-4-501. 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.
§30-4-703. 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.
§30-4-707. Execution of waivers or consents for wards.
§30-4-708. Investment of money and proceeds of sales.
§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.
§30-4-804. 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.