Every guardian authorized to sell real estate shall, before the sale, give bond to the State of Oklahoma, with sufficient surety to be approved by the court, with condition to sell the same in the manner and to account for the proceeds of the sale as provided for by the Oklahoma Guardianship and Conservatorship Act. The court may order that such bond is not required if the court specifically finds that the general bond, if any, of the guardian is of a sufficient penal amount to provide for the proceeds of the sale in addition to the property secured by said bond or upon a finding by the court that:
1. The anticipated annual income to a ward for one (1) year plus the value of the personal property of the ward, after sale, is less than Forty Thousand Dollars ($40,000.00); and
2. The guardian of the ward is either a parent, spouse, brother, sister, grandparent, child or grandchild of the ward.
R.L. 1910, § 6564. Amended by Laws 1953, p. 247, § 77; Laws 1963, c. 147, § 1; Laws 1987, c. 164, § 7, operative July 1, 1987; Laws 1988, c. 329, § 110, eff. Dec. 1, 1988. Renumbered from Title 58, § 832 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1989, c. 270, § 3, eff. Nov. 1, 1989; Laws 1990, c. 323, § 70, operative July 1, 1990; Laws 1994, c. 234, § 7, eff. Sept. 1, 1994.
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.