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

A. Except as otherwise provided by subsection B of this section, a guardian or limited guardian of the property shall, upon the expiration of a year from the time of appointment, and at least annually thereafter, present accounts to the court for settlement and allowance as part of the guardianship report as required by Section 4-306 of this title.

B. 1. In addition, a guardian or limited guardian of the property shall:
2. If there has been a significant change in the physical or mental condition of the ward, or the ward's financial resources, the details thereof shall be set forth in the annual report required by subsection A of this section.
3. Except as otherwise directed by the court or required by the Veterans Volunteer Guardianship Act, the provisions of this subsection regarding the filing of an annual accounting and annual plan shall not apply to any guardianship of the property of a ward if the ward's financial resources or assets, other than a homestead, are worth less than Forty Thousand Dollars ($40,000.00) if a bond has been posted, or are worth less than Ten Thousand Dollars ($10,000.00) regardless of whether or not a bond has been posted, and if the guardian or limited guardian of the property is the spouse or a relative of the ward within the fourth degree of consanguinity.
C. In addition to the reports required by subsections A and B of this section, a guardian or limited guardian shall submit a report:
1. If the ward is an incapacitated or partially incapacitated person, when there is a significant change in the capacity of the ward to meet the essential requirements for the physical health or safety of the ward or to manage the financial resources of the ward;
2. If the ward is a minor, any significant change in the condition of the minor or in the condition of the estate of the minor;
3. When the guardian or limited guardian resigns or is removed; and
4. When the guardianship is terminated.
D. 1. Unless waived at the discretion of the court, a guardian or limited guardian of the person of an incapacitated or partially incapacitated person shall file a report on the guardianship of the person pursuant to Section 4-305 of this title.
2. A guardian of the person of a minor ward shall not be required to file annual reports of the guardianship of the person of the ward unless ordered by the court.
3. A guardian or limited guardian of the property of a ward shall file a report on the guardianship of the property pursuant to Section 4-306 of this title.
E. The court shall not waive the filing of any report for a period in excess of five (5) years.
F. If the same person or organization is required to file reports as to both the person and the property of a ward, the reports may be consolidated.
G. Any accounting information submitted by a guardian or limited guardian of the property of a ward shall be verified and shall be rendered in the same manner as required by Title 58 of the Oklahoma Statutes with respect to any information of an estate of a decedent. Such information shall also set forth any charges to the property of the ward which have accrued since the previous accounting or, in the case of an initial accounting, since the filing of an inventory of the property of the ward placed under the control of the guardian or limited guardian.
H. In addition to other specified information any order of the court approving an annual guardianship plan and report shall include the date certain by which the guardian shall file the next annual report.
R.L. 1910, § 6550. Amended by Laws 1988, c. 329, § 83, eff. Dec. 1, 1988. Renumbered from § 872 of Title 58 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1990, c. 323, § 58, operative July 1, 1990; Laws 1992, c. 115, § 2, eff. Sept. 1, 1992; Laws 2001, c. 322, § 2, emerg. eff. June 1, 2001; Laws 2004, c. 181, § 8, eff. Nov. 1, 2004; Laws 2019, c. 23, § 10, emerg. eff. April 4, 2019.

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.