Termination of authority and responsibility of guardian - Removal - Resignation - Final account - Notice and hearing.

  1. Law
  2. Oklahoma Statutes
  3. Guardian and Ward
  4. Termination of authority and responsibility of guardian - Removal - Resignation - Final account - Notice and hearing.

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A. The authority and responsibility of a guardian terminates upon the death of the guardian, conservator, or the ward, the determination of incapacity of the guardian or conservator, or upon removal or resignation of the guardian or conservator. Termination does not affect the liability of a guardian or conservator for prior acts or the obligation to account for any funds and assets of the ward under the control of the guardian or conservator. The authority and responsibility of a guardian of a minor also terminates upon the marriage or majority of the ward.

B. The court, after notice and hearing, may remove a guardian or conservator for cause if the guardian or conservator has failed for thirty (30) days, after he is required to do so, to render an account or make a report, and compel him to surrender the estate of the ward to the person found to be lawfully entitled thereto.

C. Every guardian or conservator may resign when it appears proper to allow the same and upon the resignation or removal of a guardian or conservator the court may appoint a successor guardian or conservator in the place of the guardian or conservator who has resigned or has been removed or make other appropriate orders pursuant to the provisions of the Oklahoma Guardianship and Conservatorship Act.

D. Upon termination of the disability of the ward or upon his death, or upon the resignation or removal of the guardian or conservator, a guardian or conservator or the guardian's or conservator's personal representative, or if the guardian or conservator is incapacitated or deceased and there is no personal representative, then some suitable person appointed by the court shall file the guardian's or conservator's final account and request for final compensation with the court within thirty (30) days after such event.

1. The court shall set the final account for hearing on a date not less than fifteen (15) days after the filing thereof. Notice of such hearing shall be given at least ten (10) days prior to the date set for hearing, by mailing a copy of the notice of hearing by first-class mail:

  • a.if the guardianship was established for a minor or a minor's estate, to the persons entitled to notice pursuant to Section 2-101 of this title if the ward is still a minor, or to the ward only if the ward has attained majority or has married, or if the ward is deceased, to the persons entitled to notice pursuant to Section 2-101 of this title and to the personal representative of the ward's estate if such representative has been appointed and the representative's appointment is known to or ascertainable by reasonably diligent efforts of the person rendering the final account; or
  • b.if the guardianship was established for an adult or an adult's estate, or if the proceeding is a conservatorship action, to those persons entitled to notice pursuant to paragraph 1, unless the ward is deceased, and paragraphs 2, 3 and 7 of subsection A of Section 3-110 of this title and, if the ward is deceased, to the personal representative of the ward's estate if such representative has been appointed and the representative's appointment is known to or ascertainable by reasonably diligent efforts of the person rendering the final account.

2. Any person to whom notice is given in accordance with this subsection may appear at the hearing on the final account and file his exceptions in writing to the final account and contest the same.

3. The settlement of the account and the allowance thereof by the court shall be conclusive against all persons interested in the estate of the ward, except as to persons subject to a legal disability at the time the notice of hearing is given.

4. Upon approval of the final account, the guardian or conservator and his sureties, if any, shall be discharged.

R.L. 1910, § 6578. Amended by Laws 1953, p. 248, § 83; Laws 1988, c. 329, § 120, eff. Dec. 1, 1988. Renumbered from Title 58, § 875 by Laws 1988, c. 329, § 134, eff. Dec. 1, 1988. Amended by Laws 1992, c. 274, § 2, eff. Sept. 1, 1992.


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