A. The subject of the proceeding in a guardianship established pursuant to the Veterans Volunteer Guardianship Act shall:
1. Meet the requirements of "veteran" pursuant to Section 2 of Title 72 of the Oklahoma Statutes;
2. Be a resident of this state; and
3. Be in receipt of a veteran's disability compensation or pension from the United States Department of Veterans Affairs pursuant to Title 38 of the Code of Federal Regulations or in receipt of benefits under the Supplemental Nutrition Assistance Program.
B. The current or prospective guardian in a guardianship established pursuant to the Veterans Volunteer Guardianship Act shall:
1. Be an individual;
2. Be a resident of this state;
3. Not be related by blood, adoption or marriage to the subject of the proceeding within the third degree of affinity or consanguinity;
4. Not be considered ineligible or barred from serving as a fiduciary for a veterans affairs beneficiary under Section 13.130 of Title 38 of the Code of Federal Regulations; provided, that any guardian appointed under the Veterans Volunteer Guardianship Act that is subsequently denied appointment as a fiduciary shall provide notification to the court within thirty (30) days of receipt of notice of the denial;
5. Serve on a volunteer basis and waive compensation for services as a guardian; provided, the guardian may receive reimbursement of expenses incurred on behalf of the subject of the proceeding that are authorized by court order and subject to the limitations imposed by the court; and
6. Be availed of any benefits and subject to any additional requirements promulgated by rules or policy of the Oklahoma Department of Veteran Affairs, as the Department deems beneficial to the recruitment of community volunteer guardians and protection of the interest of the wards, including but not limited to background checks.
C. Nothing in this section shall be construed to prevent a guardian or prospective guardian from receiving compensation for services as a fiduciary appointed by the United States Department of Veterans Affairs or as a court-ordered guardian that is otherwise authorized under Title 30 of the Oklahoma Statutes and does not cite authority or request benefits from the provisions of the Veterans Volunteer Guardianship Act.
D. Nothing in this section shall entitle a guardian of the property of a veteran to payments on behalf of the subject of the proceeding for veteran's benefits unless the guardian has made application to the United States Department of Veterans Affairs for appointment as a fiduciary as required by federal law.
Added by Laws 2019, c. 23, § 4, emerg. eff. April 4, 2019.
Structure Oklahoma Statutes
Title 72. Soldiers and Sailors
§72-2. "Ex-service person", "veteran", and "war veteran" defined.
§72-5. Veterans to whom provisions available.
§72-6. Nontransferability of privileges - Penalty.
§72-6-1. Impersonating member or veteran of the United States Armed Forces - Punishment.
§72-6-2. Wearing uniform of the United States Armed Forces or Public Health Service - Punishment.
§72-7. State-operated parks and museum admission.
§72-22. Duties of county clerk - Violation a misdemeanor.
§72-31a. State Veterans' Cemetery System.
§72-34. Interment or cremation assistance for indigent veterans.
§72-35. K-I-A Reinterment Fund.
§72-36. Short title - Dignity in Burial Act.
§72-48. Leave of absence during active or inactive duty or service - Public employees.
§72-48.1. Leave of absence during active service - Private sector employees.
§72-48.2. Extension of professional license during active duty.
§72-49.1. Removal of disability of minority.
§72-50.1. Powers of military officers.
§72-50.2. Rank of officer - Spouse's acknowledgment - Authentication - Acknowledgment before notary.
§72-50.21. Qualifications of recipients.
§72-50.22. Procedure for applications and approval.
§72-50.23. Design - Payment of cost.
§72-50.24. Korean Conflict Medallion Program.
§72-50.25. Oklahoma Legislative Medal of Honor.
§72-50.26. Oklahoma Gold Star Medal.
§72-63.1. Commission and Department created - Cabinet-level status - Composition - Administration.
§72-63.2. Members of Commission - Filing copy of audits by veterans' organizations.
§72-63.3. Powers and duties of Commission - Travel expenses.
§72-63.5. Collections from patients and members for care and maintenance.
§72-63.5a. Authorization through the Centers for Medicare and Medicaid and Medicare Services.
§72-63.6. Workers' compensation for certain employees of State War Veterans Home Facilities.
§72-63.7. Requirements for administrative personnel.
§72-63.7A. Classification of certain positions to Merit System of Personnel Administration.
§72-63.8. Administration of various departments, agencies and funds.
§72-63.9. Muskogee and Tulsa Claims Offices - Managers and assistant managers.
§72-63.10. Employee training programs - Funding - Salary, tuition, and subsistence contracts.
§72-63.10a. Department of Veterans Affairs on-the-job employee safety program.
§72-63.11. State flag for certain deceased national guard members and peace officers.
§72-63.11a. State flag for death of soldiers - Letter of condolence.
§72-63.12. Lease and/or loan agreement for hospital or health care facilities improvements.
§72-63.13. Power to be exercised in conjunction with local public trust.
§72-63.14. Payment of certain bonds.
§72-63.15. Cooperative agreements with local public trusts.
§72-63.17. Limits on expenditure for capital projects.
§72-63.18A. Department of Veterans Affairs - Unclassified positions and personnel.
§72-63.20. Deposit of proceeds.
§72-63.21. Certified volunteers - Provision of meals for services rendered.
§72-63.22. Preference for veteran vendors.
§72-64. Certain positions to remain exempt or unclassified.
§72-65.1. Department directed to proceed on certain projects.
§72-67.11. W.V.C. Revolving Fund.
§72-67.13. Expenditures and loans from fund.
§72-67.13a. War veterans defined - Retirement benefits.
§72-67.13b. Benefits for persons serving after January 31, 1955.
§72-68.2. Contracts with educational institutions for establishment of training courses.
§72-191. Short title - Veterans Volunteer Guardianship Act.
§72-192. Guardianship created under prior law.
§72-193. Appointment as guardian – Procedure - Duties.
§72-194. Requirements for subject and guardian.
§72-196. Guardian as fiduciary.
§72-197. Treatment in institution - Commitment - Transfer.
§72-202. Management and control.
§72-221. Establishment - Site - Purpose - Administration and control.
§72-221.1. State Veterans Home at Norman - Operation and administration - Legal description.
§72-221.3. Competitive bidding for provision of supplies and services under Medicare Part B.
§72-221.4. Purchase of products available through General Services Administration contracts.
§72-221.5. Individual purchasing entity.
§72-223. Acceptance of Act of Congress – Participation in per diem grant program.
§72-223.1. Employer-based nurse aide training programs.
§72-226. State Veterans Home at Clinton - Establishment – Employees – Legal description.
§72-229. State Veterans Home at Talihina - Establishment - Employees.
§72-229.1. Authority to plan, develop and construct Oklahoma veterans facilities.
§72-241. State Accrediting Agency - Members - Contracts with federal agencies.
§72-242. Officers - Rules and regulations - Qualifications and duties of staff.
§72-302. Tuition-free career and technology education - Exception.
§72-303. Eligibility of veterans.
§72-305. Eligibility of descendants of servicemen.
§72-307. Benefits prohibited in certain instances.
§72-352. Compilation, evaluation and distribution of information.
§72-353. Identity of veteran not to be disclosed - Exception - Statistical information.
§72-354. Privileges and immunities.
§72-355. Attorney General to represent veterans in certain class actions.
§72-357. Referral and screening functions to be discontinued under certain conditions.
§72-362. Compilation, evaluation and distribution of information.
§72-363. Privileges and immunities.
§72-404. Reporting names of employed special disabled veterans.
§72-410. Oklahoma Veteran Housing Program Act.
§72-411. Oklahoma Veteran Housing Program Revolving Fund.
§72-412. Special housing grant program for disabled veterans.
§72-421. Oklahoma Veterans Registry.
§72-422. Oklahoma Women Veterans Program.
§72-440. Acceptance of gifts, donations, bequests, grants or contracts.