Oklahoma Statutes
Title 30. Guardian and Ward
§30-4-754. Petition for sale - Verification.

To obtain an order for such sale, the guardian must present to the court a verified petition therefor, setting forth the condition of the estate of the ward and the facts and circumstances on which the petition is founded.

R.L. 1910, § 6557. Amended by Laws 1988, c. 329, § 102, eff. Dec. 1, 1988. Renumbered from Title 58, § 825 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988.

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.